Aggravating ----------4.

Abuse of confidence Requisite: Offended had trusted the officer Offender abused such trust Such abuse of confidence facilitated consign if crime Confidence must be immediate and personal Nighttime banned when - it facilitated commission of crime -sought for by the offender to insure the commission of the crime or for the purpose of impunity - from dusk to dawn, sunset to sunrise (darkness) nighttime -absorbed in treachery Uninhibited place -help is not available -no people within perimeter of less than 200 meters Band-purposely designed to commit crime -at least four armed malefactors with intention of carrying out unlawful design - should have acted together in commission of crime - inherent in brigandage (grip of people organized to commit crime against prop or persons ) - abuse of superior strength Band- 4 armed persons, aid- no required num Band- all principals, same plan same purpose, not in aid.. Accomplices are the ones who help principals Band - absorbs aid of armed men ***means of calamity and misfortune - fire, shipwreck, earthquake - aggravating cos instead of lending aid, offended the person ** habitually forms Recidivist- at time of trial for a crime shall have been previously convicted for a crime under the same title - generic aggravating circumstance - requires 2 convictions - only requires final judgment; Final judgment- executory (has served or started serving sentence, waived his right to appeal he applied for probation - should be alleged in information Reiteracion - offender has been punished(has served) - first offense punished with equal or greater penalty - has to have 3convictions before reiteracion can be applied as aggravating Reci- req previous conviction with final judgment, REIT- requires he served sentence Reci- offense must be under same title, REIT - not necessarily same title Reci- no requirement to penalty REIT- crime must be equal or greater an the 2nd crim. if lighter, req 2 previous conviction

Habitual delinquency -special aggravating circumstance - has its own penalty which escalates with the number of conviction Not more than 30 yrS imprisonment (felony plus habitual Elaine) -Crimes committed within a pd of ten yrs after getting out of jail Fretsel- falsification, robbery, estafa, theft serious or less serious physical injury - not necessarily under same title Reci- 2nd conviction enuf , hab-3rd conviction -under same title, hab- specific Reci- no time limit, hab- within 10 yrs Reci- generic, hab- special aggravating Quasi recidivism- special aggravating not offset by MIT circ - previously convicted by final judgement, while serving the same, he committed a felony -art 160 - can be offset by privileged mitigating Price promise or reward - propels person to commit the offense, equally affects offerer(principal by inducement) and acceptor(principal by direct participation) -inducement is primary consideration for it to be aggravating Evident premeditation Elements 1. time when the offender determined to commit the crime 2. act manifestly indicating that he has clung to his determination 3. sufficient lapse of time bet determination and execution to allow him to reflect consequences of his act (3.5 hrs is enuf for criminal to reflect) - the planning must be testified for this to be appreciated - may be appreciated in expressed conspiracy craft- cunning or intellectual trickery or chicanery resorted to by the accused to carry out his evil design Fraud- constitute deceit manic by insidious words or machination Disguise- conceal identity - if offender can be recognized, not aggravating