Art. 14.

Aggravating The following are

circumstances. aggravating
circumstances:

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

2. That the crime be 1. That the public

committed in contempt authority I engaged in the
or with insult to the exercise of his functions
public authorities.

2. That the public

authority is not the
person against whom th
crime is committed

3. The offender knows

him to be a public
authority
 4. His presence has not
prevented the offender
from committing the
criminal act

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.

4. That the act be Abuse of confidence

committed with abuse of 1. That the offended
confidence or obvious party had trusted the
offender
ungratefulness.
2. That the offender
BUSED THE
 confidence of the
offended party
3. That the abuse of
confidence facilitated
the commission of
the crime

Obvious ungratefulness

1. That the offended

party had trusted the
offender
2. Abused such trust
by committing a
crime against the
offended party

3. That the act be

committed with
obvious
ungratefulness

5. That the crime be 1. When it facilitated

the commission of
committed in the palace the crime
of the Chief Executive or
2. When especially
in his presence, or sought for by the
where public authorities offender to insure
the commission of
are engaged in the
the crime or for the
discharge of their duties, purpose of impunity
or in a place dedicated
3. When the offender
to religious worship. took advantage
 thereof for the
purpose of impunity

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.

7. That the crime be

committed on the
occasion of a
conflagration, shipwreck,
earthquake, epidemic or
 other calamity or
misfortune.

8. That the crime be 1. that the men or

committed with the aid of persons took part in the
armed men or persons commission, directly or
who insure or afford indirectly
impunity.
2. that the accuser
availed himself of their
aid or relied upon them
when the crime was
committed

recidivist 9. That the accused is a 1. That the offender is

on trial for an offense
recidivist.
2. That he was
A recidivist is one who, previously convicted
by final judgementof
at the time of his trial for
another crime
one crime, shall have
3. That both the first
been previously and the second
convicted by final offenses are
judgment of another embraced in the
same title of the
crime embraced in the
 same title of this Code. code

4. That the offender is

convicted of the new
offense

Reiteracion or habituality 10. That the offender 1. That the accused is on

has been previously trial for an offense
punished by an offense
2. That he previously
to which the law
served sentence for
attaches an equal or
another offense to which
greater penalty or for
the law attaches an
two or more crimes to
equal or greater penalty
which it attaches a
or 2 or more lighter
lighter penalty.
penalties than that for the
new offense

3. That he is convicted of
the new offense

11. That the crime be Reward must be the

committed in primary reason or
consideration of a price, premordial motive for the
reward, or promise. commission of the crime

12. That the crime be

committed by means of
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.

13. That the act be 1. The time when the

offender determined
committed with evidence to commit the crime
premeditation.
2. An act manifestly
indicating that the
culprit has clung to
his determination

3. A sufficient lapse of
time between the
determination and
execution, to allow
him to reflect upon
the consequences of
his act and to allow
his conscience to
overcome the
resolution of his will
 14. That the craft, fraud
or disguise be
employed.

15. That advantage be

taken of superior
strength, or means be
employed to weaken the
defense.

alevosia 16. That the act be 1. That at the time of

the attack, the victim
committed with was not in a position
treachery (alevosia). to defend himself
2. That the offender
There is treachery when
consciously adopted
the offender commits the particular means,
any of the crimes method or form of
attack employed by
against the person,
him
employing means,
methods, or forms in the
execution thereof which
Considered present in:
tend directly and
mistake in personnae
specially to insure its
and
execution, without risk to
himself arising from the
defense which the aberratio ictus
offended party might
make.

17. That means be

employed or
circumstances brought
about which add
ignominy to the natural
effects of the act.

18. That the crime be

committed after an
unlawful entry.

19. There is an unlawful

entry when an entrance
of a crime a wall, roof,
floor, door, or window be
broken.
20. That the crime be
committed with the aid of
persons under fifteen
years of age or by
means of motor
vehicles, motorized
watercraft, airships, or
other similar means. (As
amended by RA 5438).

21. That the wrong done 1. that the injury caused

in the commission of the be deliberately increased
crime be deliberately by causing other wrong
augmented by causing
2. that the other wrong
other wrong not
be unnecessary for the
necessary for its
executon of the purpose
commissions.
of the offender