ART 14 – AGGRAVATING CIRCUMSTANCES – are those which, if attendant in the commission of the crime,

serve to increase the penalty without exceeding the maximum penalty provided by law for the offense.

T – Advantage Taken of Public Position

C – Contempt or Insult to Public Authorities
I – Insult or Disregard of Rank, Age, or Sex of offended party; or commission in the Dwelling of the offended party
A – Abuse of Confidence; or Obvious Ungratefulness
P – Places of Commission is in the Palace or Church; or in front of the President

N – Nighttime; Uninhabited Place; or Band (more than 3 armed malefactors or 4 or more armed malefactors)
O – On Occasion of Calamity or Misfortune
A – Aid of Armed Men (3 or less armed malefactors)
R – Recidivist
R – Reiteracion or Habituality

C – Consideration of a Price, Reward, or Promise

I – Means of Inundation, Fire, Poison, Explosion, etc
E – Evident Premeditation

C – Craft, Fraud, or Disguise

A – Advantage to be taken by Superior Strength or means to Weaken Defense
T – Treachery
I – Ignominy
U – Unlawful Entry
B – Breaking wall, roof, floor, door, or window in the commission of the crime
A – Aid of Minor, or by means of Motor Vehicles
C – Cruelty

Basis of Aggravating Circumstances (Greater Perversity as shown by)

1. Motivating power itself;
2. Place of the commission;
3. Means and ways employed;
4. Time; or
5. Personal circumstances of the offender, or offended party
Four Kinds of Aggravating Circumstances:
1. Generic – those that can generally apply to almost all crimes.
a. E.g. Dwelling, Nighttime, Recidivism, In consideration of Price, Reward or Promise
2. Specific – those that apply only to particular crimes.
a. E.g. Ignominy in crimes against chastity; or cruelty and treachery in crimes against persons
3. Qualifying – those that change the nature of the crime.
a. E.g. Alevosia (Treachery)
4. Inherent – those that must, of necessity, accompany the commission of the crime.
a. Evident Premeditation is inherent in robbery, theft, estafa, adultery, or concubinage

FOUR FORMS OF REPETITION:

1. Recidivist – is one who, at the time of his trial for one crime shall have been previously convicted by
final judgment of another crime embraced in the same title of the Revised Penal Code.
2. Reiteracion or Habituality – that 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.
3. Habitual Delinquency – within a period of 10 years from the date of his release or last conviction of
the crimes (serious or less serious physical injuries, robbery, theft, estafa, or falsification) is found
guilty for a third time or oftener.
4. Quasi-Recidivism – any person who shall commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while serving the same.