AGGRAVATING CIRCUMSTANCES circumstances

Those circumstances which raise the penalty for The effect of a The effect of a
a crime in its maximum period provided by law generic AC, not offset qualifying AC is not
applicable to that crime or change the nature of by any mitigating only to give the crime
the crime. circumstance, is to its proper and
Note: The list in this Article is EXCLUSIVE increase the penalty exclusive name but
there are no analogous aggravating which should be also to place the
circumstances. imposed upon the author thereof in such
The aggravating circumstances must be accused to the a situation as to
established with moral certainty, with the same MAXIMUM PERIOD. deserve no other
degree of proof required to establish the crime penalty than that
itself specially prescribed
According to the Revised Rules of Criminal by law for said crime.
Procedure, BOTH generic and qualifying It is not an ingredient The circumstance
aggravating circumstances must be alleged in of the crime. It only affects the nature of
the Information in order to be considered by the affects the penalty to the crime itself such
Court in imposing the sentence. (Rule 110, Sec. be imposed but the that the offender shall
9) crime remains the be liable
Basis same for a more serious
crime. The
1. the motivating power behind the act
circumstance is
2. the place where the act was committed
actually an ingredient
3. the means and ways used of the crime
4. the time
5. the personal circumstance of the offender and/or of The circumstance Being an ingredient
the victim can be offset by an of the crime, it cannot
ordinary mitigating be offset by any
Kinds circumstance mitigating
1. GENERIC Those that can generally apply to circumstance
all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10,
14, 18, 19, and 20 except by means of motor Aggravating circumstances which do not have the
vehicles. A generic aggravating circumstance effect of increasing the penalty:
may be offset by a generic mitigating 1. Aggravating circumstances which in themselves
circumstance. constitute a crime especially punishable by law.
2. SPECIFIC Those that apply only to particular 2. Aggravating circumstances which are included
crimes. Nos. 3 (except dwelling), 15, 16, 17 and by the law in defining a crime and prescribing
21. the penalty therefore shall not be taken into
3. QUALIFYING Those that change the nature of account for the purpose of increasing the
the crime. Art. 248 enumerates the qualifying AC penalty. (Art. 62, par. 1).
which qualify the killing of person to murder. If 3. The same rule shall apply with respect to any
two or more possible qualifying circumstances aggravating circumstance inherent in the crime
were alleged and proven, only one would qualify to such a degree that it must of necessity
the offense and the others would be generic accompany the commission thereof. (Art. 62,
aggravating. (ASKED TWICE BAR EXAMS) par. 2).
4. INHERENT Those that must accompany the
commission of the crime and is therefore not Aggravating circumstances which are personal to
considered in increasing the penalty to be the offenders
imposed such as evident premeditation in theft,
1. Aggravating circumstances which arise:
robbery, estafa, adultery and concubinage.
2. from moral attributes of the offender;
5. SPECIAL Those which arise under special
3. from his private relations with the offended party;
conditions to increase the penalty of the offense
or
and cannot be offset by mitigating circumstances
4. from any personal cause, shall only serve to
such as:
aggravate the liability of the principals,
a. quasi-recidivism (Art. 160)
accomplices, accessories as to whom such
b. complex crimes (Art. 48)
circumstances are attendant. (Art. 62, par. 3).
c. error in personae (Art. 49)
d. taking advantage of public position and
Aggravating circumstances which depend for their
membership in an organized/syndicated
application upon the knowledge of offenders
crime group (Art. 62)
The circumstances which consist
1. in the material execution of the act, or
Generic aggravating Qualifying
circumstances aggravating
 2. in the means employed to accomplish it, shall the aggravation of his penalty. Thus, the fact that
serve to aggravate the liability of those persons the vice-mayor of a town joined a band of
only who had knowledge of them at the time of brigands made his liability greater.
the execution of the act or their cooperation The circumstance cannot be taken into
therein. (Art. 62, par. 4). consideration in offenses where taking
advantage of official position is made by law an
TWENTY-ONE aggravating circumstances under integral element of the crime such as in
Art. 14: malversation (Art. 217) or falsification of public
1. Taking Advantage of Public Office documents under Art. 171.
2. In Contempt Of Or With Insult To Public Taking advantage of public position is also
Authorities inherent in the following cases:
3. With Insult Or Lack Of Regard Due To Offended 1. Accessories under Art. 19, par. 3
Party By Reason Of Rank, Age Or Sex (harboring, concealing or assisting in the
4. Abuse Of Confidence And Obvious escape of the principal of the crime);
Ungratefulness and
5. Crime In Palace Or In Presence Of The Chief 2. Title VII of Book Two of the RPC
Executive (Crimes committed by public officers)
6. Nighttime; Uninhabited Place; With A Band
7. On Occasion Of A Calamity In Contempt of or With Insult to Public Authorities
8. Aid Of Armed Men Or Means To Ensure Par. 2 that the crime be committed in
Impunity contempt of or with insult to the public
9. Recidivism authorities
10. Reiteration or Habituality Requisites:
11. Price, Reward Or Promise
1. That the public authority is engaged in
12. Inundation, Fire, Poison
the exercise of his functions.
13. Evident Premeditation
14. Craft, Fraud Or Disguise 2. That he who is thus engaged in the
15. Superior Strength Or Means To Weaken exercise of his functions is not the
Defense person against whom the crime is
16. Treachery committed.
17. Ignominy 3. The offender knows him to be a public
18. Unlawful Entry authority.
19. Breaking Wall, Floor, Roof 4. His presence has not prevented the
20. With Aid Of Persons Under 15 By Motor offender from committing the criminal
Vehicle act.
21. Cruelty Public Authority / Person in Authority is a
person directly vested with jurisdiction, that is, a
Taking Advantage of Public Office public officer who has the power to govern and
Par. 1 that advantage be taken by the offender of his execute the laws. The councilor, mayor,
public position governor, barangay captain, barangay chairman
This is applicable only if the offender is a public etc. are persons in authority. (Art. 152, as
amended by P.D. 1232)
officer.
o A school teacher, town municipal health
The public officer must:
officer, agent of the BIR, chief of police,
1. Use the influence, prestige or
etc. are now considered a person in
ascendancy which his office gives him
authority.
2. As means by which he realizes his
Par. 2 is not applicable if committed in the
purpose.
presence of an agent only such as a police
The essence of the matter is presented in the
officer.
inquiry, did the accused abuse his office in
Agent - A subordinate public officer charged with
order to commit the crime?(U.S. v. Rodriguez)
When a public officer the maintenance of public order and the
protection and security of life and property, such
1. commits a common crime independent
as barrio policemen, councilmen, and any
of his official functions and
person who comes to the aid of persons in
2. does acts that are not connected with
authority. (Art. 152, as amended by BP 873).
the duties of his office,
Knowledge that a public authority is present
3. he should be punished as a private
individual without this aggravating is essential. Lack of such knowledge indicates
circumstance. lack of intention to insult public authority.
Even if defendant did not abuse his office, if it is If crime is committed against the public authority
proven that he has failed in his duties as such while in the performance of his duty, the offender
public officer, this circumstance would warrant commits direct assault without this aggravating
circumstance.

With Insult or Lack of Regard Due to Offended Party
by Reason of Rank, Age or Sex
Par. 3 That the act be committed with insult
or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that
is be committed in the dwelling of the offended
party, if the latter has not given provocation.
o Four circumstances are enumerated in
this paragraph, which can be considered
singly or together.
o If all the 4 circumstances are present,
they have the weight of one aggravating
circumstance only.
o There must be evidence that in the
commission of the crime, the accused
deliberately intended to offend or insult
the sex or age of the offended party.
o Disregard of rank, age or sex may be
taken into account only in crimes
against persons or honor
RANK OF THE OFFENDED PARTY
o Designation or title used to fix the
relative position of the offended party in
reference to others. There must be a
difference in the social condition of the
offender and the offended party.
AGE OF THE OFFENDED PARTY
o May refer to old age or tender age of the
victim.
SEX OF THE OFFENDED PARTY
o This refers to the female sex, not to the
male sex.
o The aggravating circumstance is NOT to
be considered in the following cases:
1. When the offender acted with
passion and obfuscation.
(People v. Ibanez)
2. When there exists a relationship
between the offended party and
the offender. (People v.
Valencia)
3. When the condition of being a
woman is indispensable in the
commission of the crime. Thus,
in rape, abduction, or seduction,
sex is not aggravating. (People
v. Lopez)
DWELLING (Morada)
o Building or structure, exclusively used
for rest and comfort. Thus, in the case of
People v. Magnaye, a combination of
a house and a store, or a market stall
where the victim slept is not a dwelling.
o This is considered an AC because in
certain cases, there is an abuse of
confidence which the offended party
reposed in the offender by opening the
door to him.
o Dwelling need not be owned by the
offended party.
o It is enough that he used the place for
his peace of mind, rest, comfort and
privacy.
o Dwelling should not be understood in
the concept of a domicile: A person has
more than one dwelling. So, if a man
has so many wives and he gave them
places of their own, each one is his own
dwelling. If he is killed there, dwelling
will be aggravating, provided that he
also stays there once in a while.
o If a crime of adultery was committed.
Dwelling was considered aggravating on
the part of the paramour. However, if the
paramour was also residing in the same
dwelling, it will not be aggravating.
o The offended party must not give
provocation.
o When a crime is committed in the
dwelling of the offended party and the
latter has not given provocation,
dwelling may be appreciated as an
aggravating circumstance. Provocation
in the aggravating circumstance of
dwelling must be:
1. given by the offended party
2. sufficient, and
3. immediate to the commission of
the crime.
o It is not necessary that the accused
should have actually entered the
dwelling of the victim to commit the
offense: it is enough that the victim was
attacked inside his own house, although
the assailant may have devised means
to perpetrate the assault.
o Dwelling includes dependencies, the
foot of the staircase and the enclosure
under the house.
Dwelling is not aggravating in the following cases:
1. When both offender and offended party are
occupants of the same house even if offender is
a servant of the house.
2. When the robbery is committed by the use of
force things, dwelling is not aggravating because
it is inherent.
a. But dwelling is aggravating in robbery
with violence or intimidation of persons
because this class or robbery can be
committed without the necessity of
trespassing the sanctity of the offended
partys house.
3. In the crime of trespass to dwelling, it is inherent
or included by law in defining the crime.
4. When the owner of the dwelling gave sufficient
and immediate provocation. (Art. 14 par. 3)
Abuse of Confidence and Obvious Ungratefulness
Par. 4 That the act be committed with abuse of
confidence or obvious ungratefulness
Par. 4 provides two aggravating circumstances.
If present in the same case, they must be
independently appreciated.
a. ABUSE OF CONFIDENCE (Abuso de
confianza)
1. That the offended party had
trusted the offender.
2. That the offender abused such
trust by committing a crime
against the offended party.
3. That the abuse of confidence
facilitated the commission of the
crime.
The confidence between the offender and the
offended party must be immediate and personal.
It is inherent in malversation (Art. 217), qualified
theft (Art. 310), estafa by conversion or
misappropriation (Art. 315) and qualified
seduction. (Art. 337).
b. OBVIOUS UNGRATEFULNESS
1.That the offended party had
trusted the offender;
2.That the offender abused such
trust by committing a crime
against the offended party;
3.That the act be committed with
obvious ungratefulness.
The ungratefulness must be obvious: (1)
manifest and (2) clear.
In a case where the offender is a servant, the
offended party is one of the members of the
family. The servant poisoned the child. It was
held that abuse of confidence is aggravating
Crime in Palace or in Presence of the Chief
Executive
Par. 5 That the crime be committed in the palace of
the Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their duties,
or in a place dedicated to religious worship
If it is the Malacaang palace or a church it is
aggravating regardless of whether State or
official or religious functions are being held.
o The President need not be in the
palace.
o His presence alone in any place where
the crime is committed is enough to
constitute the AC.
o It also applies even if he is not engaged
in the discharge of his duties in the
place where the crime was committed.
Note: Offender must have the intention to
commit a crime when he entered the place.
o Cemeteries are not places dedicated for
religious worship
Par. 2 Contempt or Par. 5 Where public
insult to public authorities are
authorities engaged in the
discharge of their
duties.
Public authorities are engaged in the
performance of their duties.
Public duty is Public duty is
performed in their performed outside of
office their office
The offended party The public authority
may should not be the
or may not be the offended party
public authority
Nighttime (Nocturnidad); Uninhabited Place
(Despoblado); With a Band (Cuadrilla)
Par. 6 That the crime be committed in the night time,
or in an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense, it
shall be deemed to have been committed by a band.
These 3 circumstances may be considered
separately:
1. when their elements are distinctly
perceived and
2. can subsist independently,
3. revealing a greater degree of perversity.
Requisites:
1. When it facilitated the commission of the
crime; or
2. When especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage
thereof for the purpose of impunity.
a. NIGHTTIME (Nocturnidad)
The commission of the crime must begin and be
accomplished in the nighttime (after sunset and
before sunrise).
o Nighttime by and of itself is not an
aggravating circumstance.
o The offense must be actually committed
in the darkness of the night.
o When the place is illuminated by light,
nighttime is not aggravating.
o Nighttime need not be specifically
sought for when:
the offender purposely took
advantage of nighttime; or
it facilitated the commission of
the offense.
b. UNINHABITED PLACE (Desplobado)
o It is determined not by the distance of the
nearest house to the scene of the crime but
whether or not in the place of the commission of
 the offense, there was a reasonable possibility of
the victim receiving some help.
o Solitude must be sought to better attain
the criminal purpose.
o The offenders must choose the place as
an aid either (1) to an easy and
uninterrupted accomplishment of their
criminal designs, or (2) to insure
concealment of the offense, that he
might thereby be better secured against
detection and punishment
c. BAND (Cuadrilla)
There should
1. Be at least be four persons
2. At least 4 of them should be armed
3. and are principals by direct participation.
This aggravating circumstance
is absorbed in the circumstance
of abuse of superior strength.
This is inherent in brigandage.
The armed men must have
acted together in the
commission of the crime.
On Occasion of a Calamity
Par. 7. That the crime be committed on the occasion
of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
The rationale for this AC is the debased form of
criminality of one who, in the midst of a great
calamity, instead of lending aid to the afflicted,
adds to their suffering by taking advantage of
their misfortune and despoiling them.
o The offender must take advantage of the
calamity or misfortune.
o OR OTHER CALAMITY OR
MISFORTUNE refers to other
conditions of distress similar to
conflagration, shipwreck, earthquake
or epidemic.
Aid of Armed Men or Means to Ensure Impunity
(Auxilio de Gente Armada)
Par. 7 That the crime be committed on the occasion of
a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune
Requisites:
1. That the armed men or persons took
indirectly part in the commission of the
crime,
2. the accused availed himself of their aid
or relied upon them when the crime was
committed.
Not applicable
o When both the attacking party and the
party attacked were equally armed.
o 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.
o Casual presence, or when the offender
did not avail himself of their aid nor
knowingly count upon their assistance in
the commission of the crime.
Par. 6 By a band Par. 8 With aid of
armed men
Requires more than At least two armed
3 armed malefactors men
Requires that more This circumstance is
than three armed present even if one
malefactors shall of the offenders
have merely
acted together in the relied on their aid, for
commission of an actual aid is not
offense necessary
Band members are Armed men are
all principals mere accomplices
Recidivism (Reincidencia)
Par. 8 That the crime be committed with the aid of
armed men or persons who insure or afford impunity
Requisites:
1. That the offender is on trial for an
offense;
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 of the new
offense.
Different forms of repetition or habituality of
offender:
a. Recidivism under Article 14 (9)The
offender at the time of his trial for one
crime shall have been previously
convicted by final judgment of another
embraced in the same title of the
Revised Penal Code.
b. Repetition or reiteracion under Article
14 (9)The offender has been
previously punished for an offense to
which the law attaches an equal or
greater penalty or for two or more
crimes to which it attaches a lighter
penalty.
c. Habitual delinquency under Article 62
(5)The offender within a period of 10
years from the date of his release or last
conviction of the crimes of serious or
less serious physical injuries, robo,
hurto, estafa or falsification, is found
guilty of any of the said crimes a third
time or another.
d. Quasi-recidivism under Article 160
Any person who shall ` a felony after
having been convicted by final judgment
before beginning to serve such
 sentence or while serving such c.for 2 or more crimes to which it
sentence shall be punished by the attaches lighter penalty than
maximum period prescribed by law for that for the new offense; and
the new felony 3. That he is convicted of the new offense.
In recidivism, the crimes committed should be In Reiteracion or Habituality, it is essential that
felonies. There is no recidivism if the crime the offender be previously punished; that is, he
committed is a violation of a special law. has served sentence. Par. 10 speaks of
What is controlling is the time of the trial, not the o penalty attached to the offense,
time of the commission of the offense o not the penalty actually imposed
o What is required is previous conviction
at the time of the trial. Par. 9 Recidivism Par. 10 Reiteracion
o The best evidence of a prior conviction It is enough that a It is necessary that
is a certified copy of the original final judgment has the offender shall
judgment of conviction, and such been rendered in the have served out his
evidence is always admissible and first offense. sentence for the first
conclusive unless the accused himself offense.
denies his identity with the person Requires that the The previous and
convicted at the former trial. offenses be included subsequent offenses
o At the time of the trial means from the in the same title of must not be
arraignment until after sentence is the Code embraced in the
announced by the judge in open court. same title of the
Recidivism does not prescribe. No matter how Code
long ago the offender was convicted, if he is Always to be taken Not always an
subsequently convicted of a crime embraced in into consideration in aggravating
the same title of the Revised Penal Code, it is fixing the penalty to circumstance
taken into account as aggravating in imposing be imposed upon the
the penalty. accused
Pardon does not erase recidivism, even if it is Rationale is the Rationale is the
absolute because it only excuses the service of proven tendency to proven resistance to
the penalty, not the conviction. However, if a commit a similar rehabilitation
person was granted an amnesty, and thereafter offense
he is convicted of another crime of the same
class as the former crimes, his former conviction Art. 14, Par. 9 Art. 62 par. 5
would not be aggravating. According to Art. 89, Recidivism Habitual
amnesty extinguishes not only the penalty but Delinquency
also its effects. If the offender has Two convictions are At least three
o already served his sentence and enough convictions are
o he was extended an absolute pardon, required
the pardon shall erase the The crimes are not The crimes are
specified; it is limited and specified
conviction including recidivism
enough that they to:
because there is no more
may be embraced a. serious physical
penalty
under the same title injuries,
so the pardon shall be
of the Revised Penal b. Less serious
understood as referring to the
Code physical injuries,
conviction or the effects of the
c. robbery,
crime.
d. theft,
e. estafa or swindling
Reiteracion/Habituality
and
Par. 10 That the offender has been previously
f. falsification
punished by an offense to which the law attaches an
There is no time limit There is a time limit
equal or greater penalty or for two or more crimes to
between the first of not more than 10
which it attaches a lighter penalty
conviction and the years between every
subsequent conviction computed
Requisites:
conviction. from the first
1. That the accused is on trial for an
Recidivism is conviction or release
offense;
imprescriptible. from punishment
2. That he previously served sentence for
thereof to conviction
another offense to which the law
computed from the
attaches:
second conviction or
a. an equal or
release therefrom to
b. greater penalty, or
 the third conviction Par. 12 That the crime be committed by means of
and so on inundation, fire, poison, explosion, stranding of a vessel
or international damage thereto, derailment of a
locomotive, or by the use of any other artifice involving
great waste and ruin.
It is a generic Habitual delinquency o Unless used by the offender as a means to
aggravating is a special accomplish a criminal purpose, any of the
circumstance which aggravating circumstances in paragraph 12 cannot be
can be offset by an circumstance, hence considered to increase the penalty or to change
ordinary mitigating it cannot be offset by the nature of the offense.
circumstance. If not any mitigating o When another AC already qualifies the crime,
offset, it would only circumstance. Aside any of these ACs shall be considered as generic
increase the penalty from the penalty aggravating circumstance only.
prescribed by law for prescribed by law for o Fire is not aggravating in the crime of arson.
the crime committed the crime committed, o Whenever a killing is done with the use of fire,
to its maximum an additional penalty as when you kill someone, you burn down his
period shall be imposed house while the latter is inside, this is murder.
depending upon
whether it is already If the intent is to destroy property - the crime is arson
the third conviction, even if someone dies as a consequence.
the fourth, the fifth
and so on If the intent is to kill - there is murder even if the house
is burned in the process.
Prize, Reward or Promise
Par. 11 That the crime be committed in consideration
of a price, reward, or promise. When used as means to kill another person, the
crime is murder
When this AC is present, there must be 2 or
more principals: 1. By means of fire
1. the one who gives or offers the price or o In order to constitute murder, there should
promise; and be an actual design to kill and that the use of
2. the one who accepts it. fire should be purposely adopted as a
o Both of whom are principals to the former,
means to that end. (U.S. v Burns)
because he directly induces the latter to commit
o If the purpose of the explosion, inundation, fire
the crime, and the latter because he commits it.
o When this AC is present, it affects not only the or poison is to kill a predetermined person, the
person who received the price or reward, but crime committed is murder. Once any of these
also the person who gave it. circumstances is alleged in the information to
o The evidence must show that one of the qualify the offense, it should not be considered
accused used money or valuable consideration as generic aggravating circumstance for the
for the purpose of inducing another to perform purpose of increasing the penalty, because it is
the deed. an integral element of the offense.
o If without previous promise it was given
voluntarily after a crime was committed as an
expression of his appreciation for the sympathy 2. By means of explosion
and aid shown by the other accused, it should o The offense is a crime of destruction. (Art.
not be taken into consideration for the purpose 324) If one of the people there died, but
of increasing the penalty. there is no intent to kill on the part of the
The price, reward or promise: offender, it will be a crime involving
o Need not consist of or refer to material destruction also, but the penalty will be
things; or
death. But if there is intent to kill and
o That the same were actually delivered,
explosion is used by the offender to
it being sufficient that the offer
made by the principal by accomplish his criminal purpose, it is murder
inducement was accepted by if the victim dies as direct consequence
the principal by direct thereof.
participation before the
commission of the offense. 3. By means of derailment of locomotive
o Under Art. 330, which defines and penalizes
lInundation, Fire, Poison
the crime of damage to means of
communication, derailment of cars, collision this is without prejudice to the criminal
or accident must result from damage to a liability for other consequences of criminal
railway, telegraph or telephone lines. But act