Beruflich Dokumente
Kultur Dokumente
Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
Par. 1 Generic Greater perversity of the 1. applicable only
Taking advantage of offender as shown by: when the offender is
public office Inherent in: 1. Means of personal a public officer
- crimes committed by circumstances of the 2. officer must use:
public officers (Art. 204- offender Influence
245, RPC) 2. Means used to secure Prestige
- inherent in accessories commission of the Ascendancy
(Art. 19, par. 3) crime
- Art. 62, RPC as amended
by Sec. 23, 1(a) RA 7659
Par. 2 Generic Greater perversity of the 1. That the public
Insult to public offender as shown by his authority is engaged in
authority lack of respect for public the exercise of his
authorities functions;
2. That the public
authority is not the
person against whom
the crime is
committed;
3. The offender knows
him to be a public
authority
4. His presence has not
Applicable:
1. Crimes against properly
2. Crimes against persons
3. Illegal detention
4. Treason
Crime committed on Qualifying aggravating On the time of the
the occasion of circumstance in the crime commission of a crime
conflagration, of murder
shipwreck,
earthquake, epidemic,
or other calamity or
misfortune
Aid of armed men Qualifying aggravating On the means and ways the 1. That armed men or Not applicable: 1. Armed men are
circumstance in the crime crime was committed persons took part in 1. When both parties are mere accomplices
of murder the commission of the armed who take part in
crime, directly or 2. When the accused and minor capacity,
indirectly all who cooperated directly and
2. That the accused acted under the same indirectly.
availed himself of their plan and for the same 2. Mere moral or
aid or relied upon them purpose. psychological aid or
Aid of persons who Qualifying aggravating On the means and ways the e.g. Judge
afford impunity circumstance in the crime crime was committed
of murder
Recidivism Generic Greater perversity of the 1. That the offender is on
offender, as shown by his trial for an offense;
inclination to crimes 2. That he was previously
convicted by final
judgment of another
crime
3. That both the first and
the second offenses
are embraced in the
same title of the Code
4. That the offender is
convicted on the new
offense.
Reiteracion/Habituality Greater perversity of the 1. That the accused is on
offender as shown by his trial for an offense;
inclination to crimes 2. That he previously
served sentence for
another offense to
which the law attaches
an (not the penalty
actually imposed):
a. Equal, or
b. Greater
penalty, or
c. For two or
more crimes to
which it
attaches a
lighter penalty
than that for
Habitual delinquency
Quasi-recidivism
Application:
1. crimes against chastity
2. less serious physical
injuries
3. light or grave coercion
4. murder
Unlawful entry Generic Means and ways employed
to commit the crime
Qualifying aggravating
circumstance