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AGGRAVATING CIRCUMSTANCE 1.

ABUSE OF PUBLIC POSITION

ABSORBS

ABSORBED BY

INHERENT Book 2 Title 7 Crimes ( e.g. Malversation) Falsification by a public officer of Public Documents Accessory in Art. 19, par.31

QUALIFIES

NEGATED

NOTES Special Aggravating via Art. 62 (Cant be offset) amended by RA 7659

2. CONTEMPT/INSULT TO PUBLIC AUTHORITY

Direct Assault (If Public Authority is the Victim) Offender must know he is a PIA Treachery Being a Woman is Indispensable: Rape Abduction Seduction Parricide (Husband kills Wife) Trespass to Dwelling Robbery with Force Upon Things (not in Robbery with violence and intimidation) Destructive Arson Malversation Qualified Theft Estafa (by conversion or misappropriation) Qualified Seduction

Not applicable if committed in front of agent of PIA If all circumstances present, considered as one AC Cant be absorbed by Treachery EX: Arose from other set of facts NOTE: For A, B, C considered in crimes against persons, security, honor but NOT property NOTE: For D GR: Dwelling not Aggravating if both are occupants of same house EX: Aggravating even if both are occupants of the same house in Adultery/Concubinage in conjugal dwelling.

3. DISRESPECT A. AGE

B. SEX

Passion and Obfuscation [Art. 14 (6)]

C. RANK D. DWELLING (must be exclusively for rest or comfort) Sufficient Provocation [Art. 14 (3)]

4. ABUSE OF CONFIDENCE
OBVIOUS UNGRATEFULNESS 5. CRIME COMMITTED: A. Palace of Chief Executive B. Presence of Chief Executive C. Where public authorities engaged in the discharge of functions D. Place dedicated to religious worship

6. CRIME COMMITTED: A. Nighttime

Treachery

Passion and Obfuscation Sufficient

Not absorbed by treachery: where both the treacherous mode of attack and nocturnity were deliberately decided upon in the

Harboring, concealing or assisting in the escape of the principal of the crime (for any crime)

provocation Passion and Obfuscation Sufficient provocation Passion and Obfuscation Sufficient provocation

same case. can be considered separately if based on different facts

B. Uninhabited Place Armed Men (If there are 4+) Use of Firearm Abuse of superior strength (?)

Robbery (Art. 295) Robbery (Art. 295) Destructive Arson Homicide to Murder Band (If there are 4+ Armed men) Quasi-Recidivism (Offender previously convicted of final judgment and commits a felony before beginning to serve or while serving sentence.)

C. Band (at least 4 armed persons) 7. CALAMITY

Brigandage

Not applicable in crimes against chastity Conspiracy is presumed All must be principals

8. AID OF ARMED MEN

There should be no conspiracy between the armed men (since all will be considered as principals) therefore, the armed men must be accomplices

9. RECIDIVIST

10. REITERACION Evident Premeditation (Only to the Inducer)

Cannot apply to Quasi-recidivists If facts constitute constitute recidivist and reiteracion choose recidivist coz easily proven Homicide to Murder Considered separately if based on different set of facts Arson vs. Murder If purpose of the fire, poison etc was to kill a person = Murder If burned a house and a person was killed = Arson If killed a person and burned the house to conceal the body = SEPARATE Arson and Murder NOTE: When one AC already qualifies the crime, other AC shall be considered General AC only. May be aggravating (not inherent) in robbery with homicide if the premeditation included killing the victim Proof of conspiracy does not imply the existence of evident premeditation. It can be presumed only where conspiracy is directly established, not where conspiracy where it is only implied. Not applicable in error in personae or

11. PRICE/REWARD /PROMISE

12. INUNDATION, FIRE, POISON ETC.

Murder (If the means to kill was by fire, poison, etc.) Arson (if by fire)

Homicide to Murder

13. EVIDENT PREMEDITATION

Price/Reward/Pro mise (Only to Inducer) Treason

Estafa Kidnapping Robbery Theft Piracy Adultery Concubinage

Homicide to Murder

Passion and Obfuscation

14. CRAFT/FRAUD/DI SGUISE 15A. SUPERIOR STRENGTH 15B. WEAKEN THE DEFENSE Band (?)
(Reyes p.418, Mickey, Beda p.36)

Treachery Treachery Band (?) Treason Treachery


(Boado, p.172)

[Craft] Qualified Theft (Reyes p406) Estafa Parricide (husband kills wife) Rape [by force] Passion and Obfuscation

aberration ictus EX: There is a general plan to kill anyone Considered separately if based on different set of facts If all present, applied as 1 AC only No superior strength when one acted as principal and the others as accomplices

16. TREACHERY

Nighttime Abuse of Superior Strength Craft Armed Men Band Employ means to Weaken Defense Evident Premeditation (?) Age/Sex (?)

Treason

Murder by Poisoning Infanticide

Homicide to Murder

Passion and Obfuscation

17. IGNOMINY (moral suffering) 18. UNLAWFUL ENTRY 19. WALL/ROOF/FLO OR/DOOR/WINDO W BROKEN
20A. AID OF PERSONS UNDER 15 YEARS OLD 20B. MEANS OF MOTOR VEHICLE/AIRSHIPS /OTHER SIMILAR MEANS

Rape (Beda for all 3) Libel Acts of lasciviousness Trespass to dwelling Robbery with force upon things Robbery with force upon things Theft to Robbery

Killing of a child is murder qualified by treachery, even if the manner of attack was not shown Applicable to crimes against persons Only applicable to Principal DP when not shown that PDI directed/inducing former to adopt the means actually used in the murder. If there is conspiracy, treachery is considered against all members. Dwelling cannot be included in treachery Now appreciated in robbery with homicide Does not qualify robbery with rape (treachery only considered as generic AC) Aggravating in: Special AC serious Generic AC less serious Generic AC parricide Rape is ignominy in robbery with homicide Injured must not be dead when ignominy committed Ingress only; no breaking

Ingress/egress If Minor in conspiracy Minor exempt, but not to other co-conspirators. If used as a means of facilitating escape, not aggravating. (used to commit crime dapat)

21. CRUELTY (physical suffering)

Mutilation Crimes against persons

Homicide to Murder

Additional Aggravating Circumstance: (Art. 62) Organized/syndicated crime group a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime. SPECIAL AGGRAVATING CIRCUMSTANCES: increase the penalty for the offense to its maximum period, but the same cannot increase the penalty to the next higher degree; cannot be offset by an ordinary mitigating circumstance. Examples: Organized/syndicated crime group (Art. 62) Abuse of public position (Art. 62) Quasi-recidivism (Art. 160) Unlicensed Firearms if Homicide or Murder committed (RA 8294) Complex Crimes (Art. 48) Habitual Delinquency (Art. 62) Error in Personae (Art. 49) QUALIFYING AGGRAVATING CIRCUMSTANCE: DDA Section 25 (RA 9165): a positive finding of use of dangerous drugs is qualifying.