AGGRAVATING CIRCUMSTANCES

Definition Those circumstance which raise the penalty for a crime without exceeding the maximum applicable to that crime.
Basis: The greater perversity of the offense as shown by:
a) the motivating power behind the act
b) the place where the act was committed
c) the means and ways used
d) the time
e) the personal circumstance of the offender
f) the personal circumstance of the victim
Kinds:
a) eneric generally applicable to all crimes
b) !pecific apply only to specific crimes "ignominy for chastity crimes# treachery for persons crimes)
c) $ualifying those that change the nature of the crime "evident premeditation becomes murder)
d) %nherent necessarily accompanies the commission of the crime "evident premeditation in theft& estafa)
$'()%*+%, (-(.(T%,
/%-/'0!T(,/1
1,1-%/ (-(.(T%,
/%-/'0!T(,/1
ives the proper and exclusive name&
places the author thereof in such a
situation as to deserve no other penalty
than that specifically prescribed by law
%ncrease penalty to the maximum& without
exceeding limit prescribed by law
/an2t be offset by 0itigating /ircumstance 0ay be compensated by 0itigating
/ircumstance
0ust be alleged in the information. %ntegral
part of the offense
,eed not be alleged. 0ay be proved over
the ob3ection of the defense. $ualifying if
not alleged will ma4e it generic
(ggravating /ircumstances which D5 ,5T have the effect of increasing the penalty:
6) which themselves constitute a crime specifically punishable by law or which are included in the law defining a crime and prescribing the
penalty thereof
Example: brea4ing a window to get inside the house and rob it
7) aggravating circumstance inherent in the crime to such degree that it must of necessity accompany the commission thereof
Example: evident premeditation inherent in theft& robbery& estafa& adultery and concubinage
(ggravating circumstances are not presumed. 0ust be proved as fully as the crime itself in order to increase the penalty.
Art 14. Aggravating circumstances. The f!!"ing are aggravating circumstances#
1. That a$vantage %e ta&en %' the ffen$er f his (u%!ic (sitin
-e8uisite:
a. The offender is a public officer
b. The commission of the crime would not have been possible without the powers& resources and influence of the office he holds.
1ssential 9 :ublic officer used the influence& prestige or ascendancy which his office gives him as the means by which he reali;ed his purpose.
*ailure in official is tantamount to abusing of office
<earing of uniform is immaterial what matters is the proof that he indeed too4 advantage of his position
). That the crime %e cmmitte$ in cntem(t f r "ith insu!t t the (u%!ic authrities
-e8uisites:
a. The offender 4nows that a public authority is present
b. The public authority is engaged in the exercise of his functions
c. The public authority is not the victim of the crime
d. The public authority2s presence did not prevent the criminal act
Example: =uan and :edro are 8uarrelling and the municipal mayor& upon passing by& attempts to stop them. ,otwithstanding the intervention
and the presence of the mayor& =uan and :edro continue to 8uarrel until =uan succeeds in 4illing :edro.
:erson in authority public authority who is directly vested with 3urisdiction& has the power to govern and execute the laws
1xamples of :ersons in (uthority
a. overnor
b. 0ayor
c. Barangay captain
d. /ouncilors
e. overnment agents
f. /hief of :olice
-ule not applicable when committed in the presence of a mere agent.
(gent subordinate public officer charged with the maintenance of public order and protection and security of life and property
Example: barrio vice lieutenant& barrio councilman
*. That the act %e cmmitte$#
+1, "ith insu!t r in $isregar$ f the res(ect $ue t the ffen$e$ (art' n accunt f his +a, ran&- +%, age- +c, se. r
+), that it %e cmmitte$ in the $"e!!ing f the ffen$e$ (art'- if the !atter has nt given (rvcatin.
circumstances "ran4& age& sex) may be ta4en into account only in crimes against persons or honor, it cannot be invo4ed in crimes against
property
-an4 refers to a high social position or standing by which to determine one2s pay and emoluments in any scale of comparison within a position
(ge the circumstance of lac4 of respect due to age applies in case where the victim is of tender age as well as of old age
!ex refers to the female sex& not to the male sex# not applicable when
a. The offender acted w> :(!!%5, (,D 5B*'!/(T%5,
b. there exists a relation between the offender and the victim "but in cases of divorce decrees where there is a direct bearing on their child& it is
applicable)
c. the condition of being a woman is indispensable in the commission of the crime "1x. :arricide& rape& abduction)
-e8uisite of disregard to ran4& age& or sex
a. /rimes must be against the victim2s person or his honor
b. There is deliberate intent to offend or insult the respect due to the victim2s ran4& age& or sex
Disregard to ran4& age& or sex is absorbed by treachery or abuse of strength
Dwelling must be a building or structure exclusively used for rest and comfort "combination house and store not included)
a. may be temporary as in the case of guests in a house or bedspacers
b. basis for this is the sanctity of privacy the law accords to human abode
dwelling includes dependencies& the foot of the staircase and the enclosure under the house
1lements of the aggravating circumstance of dwelling
a. /rime occurred in the dwelling of the victim
b. ,o provocation on the part of the victim
-e8uisites for :rovocation: ()) 0'!T /5,/'-
a. given by the owner of the dwelling
b. sufficient
c. immediate to the commission of the crime
<hen dwelling may and may not be considered
<hen it may be considered <hen it may not be considered
although the offender fired the shot from
outside the house& as long as his victim
was inside
even if the 4illing too4 place outside the
dwelling& so long as the commission began
inside the dwelling
when adultery is committed in the dwelling
of the husband& even if it is also the
dwelling of the wife& it is still aggravating
because she and her paramour committed
a grave offense to the head of the house
%n robbery with violence against persons&
robbery with homicide& abduction& or illegal
detention
%f the offended party has given
provocation
%f both the offender and the
offended party are occupants of the
same dwelling
%n robbery with force upon things& it
is inherent
4. That the act %e cmmitte$ "ith +1, a%use f cnfi$ence r +), %vius ungratefu!ness
-e8uisites of (buse of /onfidence -e8uisite of 5bvious 'ngratefulness
a) 5ffended party has trusted the
offender
b) 5ffender abused such trust
c) (buse of confidence facilitated the
commission of the crime
a) ungratefulness must be obvious& that is&
there must be something which the
offender should owe the victim a debt of
gratitude for
,ote: robbery or theft committed by a visitor
in the house of the offended party is
aggravated by obvious ungratefulness
Example: ( 3ealous lover& already determined to 4ill his sweetheart& invited her for a ride and during that ride& he stabbed her
(buse of confidence is inherent in:
a. malversation
b. 8ualified theft
c. estafa by conversion
d. misappropriation
e. 8ualified seduction
/. That the crime %e cmmitte$ in the (a!ace f the Chief E.ecutive- r in his (resence- r "hen (u%!ic authrities are engage$ in the
$ischarge f their $uties- r in a (!ace $e$icate$ t re!igius "rshi(.
-e8uirements of the aggravating circumstance of public office:
a. The crime occurred in the public office
b. :ublic authorities are actually performing their public duties
( polling precinct is a public office during election day
,ature of public office should be ta4en into account& li4e a police station which is on duty 7? hrs. a day
place of the commission of the felony "par @): if it is 0alacaAang palace or a church is aggravating& regardless of whether !tate or official#
functions are being held.
as regards other places where public authorities are engaged in the discharge of their duties& there must be some performance of public
functions
the offender must have intention to commit a crime when he entered the place
-e8uisites for aggravating circumstances for place of worship:
a. The crime occurred in a place dedicated to the worship of od regardless of religion
b. 5ffender must have decided to commit the crime when he entered the place of worship
<hen :aragraph 7 and @ of (rticle 6? are applicable
/ommitted in the presence of the /hief
1xecutive& in the :residential :alace or a
place of worship":ar. @& (rt. 6?)
/ommitted in contempt of :ublic (uthority
":ar. 7& (rt 6?)
:ublic authorities are performing of their
duties when the crime is committed
!ame
<hen crime is committed in the public
office& the officer must be performing his
duties& except in the :residential :alace
5utside the office "still performing duty)
:ublic authority may be the offended party :ublic authority is not be the offended
party

0a. That the crime %e cmmitte$ +1, in the nighttime- r +), in an uninha%ite$ (!ace +*, %' a %an$- "henever such circumstances ma'
faci!itate the cmmissin f the ffense.
,ighttime& 'ninhabited :lace or By a Bang (ggravating when:
a. it facilitated the commission of the crime
b. especially sought for by the offender to insure the commission of the crime or for the purpose of impunity
%mpunity means to prevent the accused2s being recogni;ed or to secure himself against detection or punishment
c. when the offender too4 the advantage thereof for the purpose of impunity
d. commission of the crime must have began and accomplished at nighttime
,ighttime begins at the end of dus4 and ending at dawn# from sunset to sunrise
a. commission of the crime must begin and be accomplished in the nighttime
b. when the place of the crime is illuminated by light& nighttime is not aggravating
c. absorbed by Treachery
'ninhabited :lace one where there are no houses at all& a place at a considerable distance from town& where the houses are scattered at a
great distance from each other
-e8uisites:
a. The place facilitated the commission or omission of the crime
b. Deliberately sought and not incidental to the commission or omission of the crime
c. Ta4en advantage of for the purpose of impunity
what should be considered here is whether in the place of the commission of the offense& there was a reasonable possibility of the victim
receiving some help
0%. 1 2henever mre than * arme$ ma!efactrs sha!! have acte$ tgether in the cmmissin f an ffense- it sha!! %e $eeme$ t have
%een cmmitte$ %' a %an$.
-e8uisites:
a. *acilitated the commission of the crime
b. Deliberately sought
c. Ta4en advantage of for the purposes of impunity
d. There must be four or more armed men
if one of the four9armed malefactors is a principal by inducement& they do not form a band because it is undoubtedly connoted that he had no
direct participation&
Band is inherent in robbery committed in band and brigandage
%t is not considered in the crime of rape
%t has been applied in treason and in robbery with homicide
3. That the crime %e cmmitte$ n the ccasin f a cnf!agratin- shi("rec&- earth4ua&e- e(i$emic r ther ca!amit' r misfrtune
-e8uisites:
a. /ommitted when there is a calamity or misfortune
6. /onflagration
7. !hipwrec4
B. 1pidemic
b. 5ffender too4 advantage of the state of confusion or chaotic condition from such misfortune
Basis: /ommission of the crime adds to the suffering by ta4ing advantage of the misfortune.
based on time
offender must ta4e advantage of the calamity or misfortune
Distinction between :aragraphs C and 67 of (rticle 6?
/ommitted during a calamity or misfortune /ommitted with the use of wasteful means
/rime is committed D'-%, any of the
calamities
/rime is committed B+ using fire& inundation&
explosion or other wasteful means
5. That the crime %e cmmitte$ "ith the ai$ f +1, arme$ men r +), (ersns "h insure r affr$ im(unit'
based on the means and ways
-e8uisites:
a. that armed men or persons too4 part in the commission of the crime& directly or indirectly
b. that the accused availed himself of their aid or relied upon them when the crime was committed
1xceptions:
a. when both the attac4ing party and the party attac4ed were e8ually armed
b. not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for
the same purpose.
c. /asual presence& or when the offender did not avail himself of any of their aid nor did not 4nowingly count upon their assistance in the
commission of the crime
<%TD TD1 (%D 5* (-01D 01, B+ ( B(,D
:resent even if one of the offenders merely
relied on their aid. (ctual aid is not
necessary
-e8uires more than B armed malefactors
who all acted together in the commission
of an offense
if there are more than B armed men& aid of armed men is absorbed in the employment of a band.
6. That the accuse$ is a reci$ivist
-ecidivist one who at the time of his trial for one crime& shall have been previously convicted by final 3udgment of another crime embraced in
the same title of the -:/
Basis: reater perversity of the offender as shown by his inclination to commit crimes
-e8uisites:
a. offender is on trial for an offense
b. he was previously convicted by final 3udgment of another crime
c. that both the first and the second offenses are embraced in the same title of the -:/
d. the offender is convicted of the new offense
<hat is controlling is the time of the trial& not the time of the commission of the offense. (t the time of the trial means from the arraignment until
after sentence is announced by the 3udge in open court.
<hen does 3udgment become finalE "-ules of /ourt)
a. after the lapse of a period for perfecting an appeal
b. when the sentence has been partially or totally satisfied or served
c. defendant has expressly waived in writing his right to appeal
d. the accused has applied for probation
1xample of /rimes embraced in the !ame title of the -:/
a. robbery and theft title 6F
b. homicide and physical in3uries title G
$: The accused was prosecuted and tried for theft& robbery and estafa. =udgments were read on the same day. %s he a recidivistE
(: ,o. Because the 3udgment in any of the first two offenses was not yet final when he was tried for the third offense
-ecidivism must be ta4en into account no matter how many years have intervened between the first and second felonies
:ardon does not obliterate the fact that the accused was a recidivist& but amnesty extinguishes the penalty and its effects
To prove recidivism& it must be alleged in the information and with attached certified copies of the sentences rendered against the accused
1xceptions: if the accused does not ob3ect and when he admits in his confession and on the witness stand
17. That the ffen$er has %een (revius!' (unishe$ fr an ffense t "hich the !a" attaches an e4ua! r greater (ena!t' r fr t" r
mre crimes t "hich it attaches a !ighter (ena!t'
-eiteracion or Dabituality it is essential that the offender be previously punished# that is& he has served sentence.
:ar. 6F spea4s of penalty attached to the offense& not the penalty actually imposed
-1%T1-(/%5, -1/%D%.%!0
,ecessary that offender shall have served
out his sentence for the first sentence
1nough that final 3udgment has been
rendered in the first offense
:revious and subse8uent offenses must
not be embraced in the same title of the
/ode
!ame title
,ot always an aggravating circumstance (lways aggravating
? *orms of -epetition
a. -ecidivism generic
b. -eiteracion or Dabituality generic
c. 0ultiple recidivism or Dabitual delin8uency extraordinary aggravating
d. $uasi9-ecidivism special aggravating
Dabitual Delin8uency when a person within a period of 6F years from the date of his release or last conviction of the crimes of serious or less
serious physical in3uries& robbery& theft& estafa or falsification is found guilty of any of said crimes a third time or oftener.
$uasi9-ecidivism any person who shall commit a felony after having been convicted by final 3udgment& before beginning to serve such
sentence& or while serving the same& shall be punished by the maximum period of the penalty prescribed by law for the new felony
11. That the crime %e cmmitte$ in cnsi$eratin f a (rice- re"ar$ r (rmise.
-e8uisites:
a. (t least 7 principals
6. The principal by inducement
7. The principal by direct participation
b. the price& reward& or promise should be previous to and in consideration of the commission of the criminal act
(pplicable to both principals.
1). That the crime %e cmmitte$ %' means f inun$atin- fire- (isn- e.(!sin- stran$ing a vesse! r intentina! $amage theret- r
$erai!ment f a !cmtive- r %' use f an' ther artifice inv!ving great "aste r ruin.
-e8uisite: The wasteful means were used by the offender to accomplish a criminal purpose
1*. That the act %e cmmitte$ "ith evi$ent (reme$itatin
1ssence of premeditation: the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the
criminal intent during the space of time sufficient to arrive at a calm 3udgment
-e8uisites:
a. the time when the offender determined to commit the crime
b. an act manifestly indicating that the culprit has clung to his determination
c. a sufficient lapse of time between the determination and execution to allow him to reflect upon the conse8uences of his act and to allow his
conscience to overcome the resolution of his will
/onspiracy generally presupposes premeditation
<hen victim is different from that intended& premeditation is not aggravating. (lthough it is not necessary that there is a plan to 4ill a particular
person for premeditation to exist "e.g. plan to 4ill first 7 persons one meets& general attac4 on a villageHfor as long as it was planned)
The premeditation must be based upon external facts& and must be evident& not merely suspected indicating deliberate planning
1vident premeditation is inherent in robbery& adultery& theft& estafa& falsification& and etc.
14. That +1, craft- +), frau$- r +*, $isguise %e em(!'e$
/raft involves intellectual tric4ery and cunning on the part of the accused.
%t is employed as a scheme in the execution of the crime "e.g. accused pretended to be members of the constabulary& accused in order to
perpetrate rape& used chocolates containing drugs)
*raud involves insidious words or machinations used to induce victim to act in a manner which would enable the offender to carry out his
design.
as distinguished from craft which involves acts done in order not to arouse the suspicion of the victim& fraud involves a direct inducement
through entrapping or beguiling language or machinations
Disguise resorting to any device to conceal identity. :urpose of concealing identity is a must.
Distinction between /raft& *raud& and Disguise
/raft *raud Disguise
%nvolves the use of intellectual
tric4ery and cunning to arouse
suspicion of the victim
%nvolves the use of direct
inducement by insidious
words or machinations
%nvolves the use of
devise to conceal
identity
-e8uisite: The offender must have actually ta4en advantage of craft& fraud& or disguise to facilitate the commission of the crime.
%nherent in: estafa and falsification
1/. That +1, a$vantage %e ta&en f su(erir strength- r +), means %e em(!'e$ t "ea&en the $efense
To purposely use excessive force out of the proportion to the means of defense available to the person attac4ed.
a. !uperiority may arise from aggressor2s sex& weapon or number as compared to that of the victim "e.g. accused attac4ed an unarmed girl
with a 4nife# B men stabbed to death the female victim).
b. ,o advantage of superior strength when one who attac4s is overcome with passion and obfuscation or when 8uarrel arose unexpectedly
and the fatal blow was struc4 while victim and accused were struggling.
c. .s. by a band : circumstance of abuse of superior strength& what is ta4en into account is not the number of aggressors nor the fact that they
are armed but their relative physical might vis9I9vis the offended party
-e8uisite of 0eans to <ea4en Defense
a. 0eans were purposely sought to wea4en the defense of the victim to resist the assault
b. The means used must not totally eliminate possible defense of the victim& otherwise it will fall under treachery
To wea4en the defense illustrated in the case where one struggling with another suddenly throws a cloa4 over the head of his opponent and
while in the said situation& he wounds or 4ills him. 5ther means of wea4ening the defense would be intoxication or disabling thru the senses
"casting dirt of sand upon another2s eyes)