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relations) not immediate to - Owner of the dwelling gave sufficient and immediate
the commission of the provocation.
crime and hence, dwelling
is still aggravating. - When the dwelling where the crime was committed did
Provocation did not take not belong to the offended party.
place in the house of the - EXCEPTION: RULE: AGGRAVATING STILL - EVEN
deceased DWELLING DID NOT BELONG TO VICTIM
- Owner of dwelling gave
immediate provocation – - Ground floor of a two-storey building where it was not
dwelling not aggravating used as a private place of abode or residence.
- Having given sufficient
provocation, the owner of - RULE: AGGRAVATING STILL - EVEN DWELLING DID NOT BELONG
the house lost his right to TO VICTIM: Dwelling Was Found Aggravating In The Following
the respect and Cases Although The Crimes Were Committed Not In The Dwelling
consideration due to him in Of The Victims
his own house. - Boarding house where victim is a bedspacer.
- If any of these conditions is not present, the - Paternal home where they were guests at the time and
offended party is deemed not to have given did not reside there.
provocation, and the fact that the crime is - House of aunt where victim was living – dwelling may
committed in the dwelling of the offended mean temporary dwelling
party is an aggravating circumstance. - Sleeping as guests in the house of another person
- RULE: Not domicile
- RULE: Even If The Offender Did Not Enter The Dwelling, This - Not domicile Dwelling should not be understood in the
Circumstance Applies
concept of a domicile: A person has more than one
- It is enough that the victim was attacked inside his own
dwelling. So, if a man has so many wives and he gave
house, although the assailant may have devised
means to perpetrate the assault from without. them places of their own, each one is his own dwelling.
- Even if the killing took place outside the dwelling, it is If he is killed there, dwelling will be aggravating,
aggravating provided that the commission of the provided that he also stays there once in a while.
crime began in the dwelling - RULE: TREACHERY
- Dwelling is aggravating in abduction or illegal - Although nocturnity and abuse of superior strength are
detention
always included in the qualifying circumstance of
- Example: victim was taken from his or her
treachery, DWELLING cannot be included therein.
house and carried away to another place
(dwelling is aggravating). ---------------------------------------------------------
- EXCEPTION:But not aggravating when deceased ---------------------------------------------------------
was called down from his house and he was ---------------------------------------------------------
murdered in the vicinity of the house.
- RULE: NOT AGGRAVATING WHEN: Article 14. Aggravating circumstances. - The following are
- Both offender and offended party are occupants of aggravating circumstances:
the same house; true even if offender is a servant of 4. That the act be committed with abuse of confidence or obvious
the house. ungratefulness.
- Exception: Adultery where the bad spouse
did the deed
- Dwelling Is Aggravating When The Husband
Killed His Estranged Wife In The House Solely
Occupied By Her In Case Of Adultery REASON
- EXCEPTION TO EXCEPTION: Dwelling • Greater perversity of the offender,
not aggravating in adultery when - as shown by the means and ways employed —
paramour also lives there
- Robbery using force upon things since dwelling is ---------------------------------------------------------
inherent
“abuse of confidence”
- Exception: Dwelling is aggravating in robbery
with violence against or intimidation of
persons because this class of robbery can be A. Elements:
committed without the necessity of
1. Offended party had trusted the offender.
trespassing the sanctity of the offended
party’s house. - Crumb case: the offended girl could resist,
- Robbery with homicide – dwelling is although unsuccessfully, the commission of
aggravating the crime.
- 2 kinds of robbery: (1) with violence against or - Caliso case: the nine-month-old victim
intimidation of persons and (2) with force could not resist the commission of the
upon things in inhabited house. crime.
- Crime of trespass to dwelling.

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