AGGRAVATING CIRCUMSTANCES

Par. 1. That advantage be taken by the offender of his public

position

It is not considered as an aggravating circumstance where

taking advantage of official position is made by law an
integral element of the crime or inherent in the offense,

Ex: malversation (Art. 217), falsification of a document

committed by public officers (Art. 171).

NOTE : Taking advantage of a public position is

also inherent in the case of accessories under
Art. 19, par. 3 (harboring, concealing, or assisting
in the escape of the principal of the crime), and in
crimes committed by public officers (Arts. 204-245).

Par. 3. That the act be committed:

(1) with insult or in disregard of the respect due the
offended party on account of his
(a)rank,
(b) age, or
(c) sex or
(2) that it be committed in the dwelling of the offended
party, if the latter has not given provocation

The AC of disregard of rank, age, or sex is not

applicable in the following cases:
1. When the offender acted with passion and obfuscation. (Art. 13, par. 6)
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is indispensable
in the commission of the crime.
(Ex: in parricide, abduction, seduction and rape)

Dwelling is not aggravating in the following cases:

1. When both the offender and the offended party are
occupants of the same house, and this is true even
if offender is a servant in the house.
exception: In case of adultery in the conjugal
dwelling, the same is aggravating.
However, if the paramour also dwells
in the conjugal dwelling, the applicable
aggravating circumstance is abuse of
confidence.
 2. When robbery is committed by the use of force upon
things, dwelling is not aggravating because it is
inherent.

However, dwelling is aggravating in robbery with

violence against or intimidation of persons because
this class of robbery can be committed without the
necessity of trespassing the sanctity of the
offended party’s house.

Par. 4. That the act be committed with:

(1) abuse of confidence or
(2) obvious ungratefulness

NOTE: Abuse of confidence is inherent in malversation

(Art. 217), qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315), and qualified
seduction (Art. 337).

Par. 6. That the crime be committed

(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band, whenever such circumstance may facilitate the commission of the
offense
GENERAL RULE: Nighttime is absorbed in treachery.

EXCEPTION: Where both the treacherous mode of attack and

nocturnity were deliberately decided upon in the same case,
they can be considered separately if such circumstances
have different factual bases.

“By a band” is inherent in brigandage

This aggravating circumstance is absorbed in the

circumstance of abuse of superior strength

Par. 13. That the act be committed with evident premeditation

Premeditation is absorbed by reward or promise. (Par. 11)

Par. 14. That (1) craft,

(2) fraud, or
(3) disguise be employed.

Craft and fraud may be absorbed in treachery if they have been

deliberately adopted as the means, methods or forms for the
treacherous strategy, or they may co-exist independently where
they are adopted for a different purpose in the commission
of the crime.
Par. 15. That (1) advantage be taken of superior strength, or
(2) means be employed to weaken the defense.

Abuse of superior strength is inherent in the crime of

parricide where the husband kills the wife. It is generally
accepted that the husband is physically stronger than the wife.

Abuse of superior strength is also present when the offender

uses a weapon which is out of proportion to the defense
available to the offended party.

NOTE: Abuse of superior strength absorbs cuadrilla (“band”).

Par. 16. That the act be committed with treachery (alevosia)

TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime

QUALIFYING CIRCUMSTANCES

3. Qualifying or those that change the nature of the crime.

Examples:

a. By means of poison

b. With the aid of armed men

c. Treachery, in killing persons

d. Grave abuse of confidence which makes stealing as qualified theft

INHERENT CIRCUMSTANCES

4. Inherent or those that must of necessity accompany the commission of the crime.

Examples:

a. Abuse of public office in bribery

b. Breaking of a wall or unlawful entry into a house in robbery with the use of force upon things

c. Fraud in estafa

d. Deceit in simple seduction

e. Ignominy in rape

f. Evident premeditation in robbery and estafa

g. Disregard of respect due the offended party on account of rank in direct assault

h. Superior strength in treason

i. cruelty in mutilation

MITIGATING CIRCUMSTANCES INCOMPATIBLE WITH AGGRAVATING CIRCUMSTANCES

MITIGATING CIRCUMSTANCES

ORDINARY PRIVILEGED
MITIGATING MITIGATING

Can be offset by Can never be

aggravating offset by any
circumstances aggravating
circumstance.

Ordinary mitigating Privileged

circumstances, if mitigating
not offset, will circumstances
operate to reduce operate to reduce
the penalty to the the penalty by one
minimum period, to two degrees,
provided the depending upon
penalty is a what the law
divisible one. provides.

Ordinary mitigating - enumerated in subsections 1 to 10 of Article 13.

Privileged mitigating circumstances under the RPC

1. When the offender is a minor under 18 years of age (Art. 68)

2. When the crime committed is not wholly excusable (Art. 69)

3. When there are two or more mitigating circumstances and no aggravating circumstance, the
court shall impose the penalty next lower to that prescribed by law, in the period that it may
deem applicable, according the number and nature of such circumstances (Art. 64, par. 5)

4. Voluntary release of the person illegally detained within 3 days without the offender attaining
his purpose and before the institution of the criminal action (Art. 268, par. 3)

5. Abandonment without justification by the offended spouse in case of adultery (Art. 333, par.
3)

6. Concealing dishonor in case of infanticide (Art. 255, par. 2)

Privileged mitigating circumstances contemplated under Art. 69

Incomplete justifying (Art. 11) and incomplete exempting (Art. 12) circumstances, provided that
the majority of their conditions are present

NOTE: For this article to apply, it is provided that:

1. Some of the conditions required to justify the deed or to exempt from criminal liability are
lacking,

2. The majority of such conditions are nonetheless present, and

3. When the circumstance has an indispensable element, that element must be present in the
case (Regalado, 2007).

GENERIC QUALIFYING
AGGRAVATING AGGRAVATING
CIRCUMSTANCES CIRCUMSTANCES

Affects only the Affects the nature of

imposition of the the crime or brings
penalty prescribed, about a penalty
but not the nature of higher in degree than
the crime committed. that ordinarily
prescribed

Can be offset by an GR: Cannot be offset

ordinary mitigating by any mitigating
circumstance circumstances

XPN: Privileged
mitigating
circumstances

Both must be alleged in the information in

order to be appreciated