15th Reading Assignment

So far, nakahatag nakog 15 Aggravating Circustamces. Padayon ta!

15. That (1) ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH, or (2) MEANS BE EMPLOYED TO
WEAKEN THE DEFENSE

To purposely use excessive force out of the proportion to the means of defense available to
the person attacked.

Superiority may arise from aggressor’s sex, weapon or number as compared to that of the
victim

Example: the accused attacked an unarmed girl with a knife; 3 men stabbed to death the female
victim)

There must be evidence of notorious inequality of forces between the offender and the
offended party in their age, size and strength, and that the offender took advantage of such
superior strength in committing the crime.

To appreciate abuse of superior strength, what should be considered is not that there were
three, four or more assailants of the victim. What matters is whether the aggressors took
advantage of their combined strength in order to consummate the crime.

Requisite of Means to Weaken Defense

1. Means were purposely sought to weaken the defense of the victim to resist the
assault
2. The means used must not totally eliminate possible defense of the victim,
otherwise it will fall under treachery

To weaken the defense – illustrated in the case where one struggling with another suddenly
throws a cloak over the head of his opponent and while in the said situation, he wounds or kills
him. Other means of weakening the defense would be intoxication or disabling thru the senses
(casting dirt of sand upon another’s eyes)

16. That the act be committed with TREACHERY (Alevosia)

TREACHERY: when the offender commits any of the crime against the person, employing
means, methods or forms in the execution thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense which the offended party might
make.
Requisites:

a. that at the time of the attack, the victim was not in the position to defend himself

b. that the offender consciously adopted the particular means, method or form of attack
employed by him

The essence of treachery is that by virtue of the means, method or form employed by the
offender, the offended party was not able to put up any defense. If the offended party was able
to put up a defense, even only a token one, there is no treachery anymore. Instead some other
aggravating circumstance may be present but not treachery anymore.

Examples: victim asleep, half-awake or just awakened, victim grappling or being held, attacks
from behind

17. That the means be employed or circumstances brought about which add IGNOMINY to
the natural effects of the acts

IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and obloquy
to the material injury caused by the crime

Applicable to crimes against chastity (rape included), less serious physical injuries, light or grave
coercion and murder

Requisites:

1. Crime must be against chastity, less serious physical injuries, light or grave
coercion, and murder
2. The circumstance made the crime more humiliating and shameful for the victim

Examples: accused embraced and kissed the offended party not out of lust but out of anger in
front of many people, raped in front of the husband, raped successively by five men

tend to make the effects of the crime more humiliating

Ignominy not present where the victim was already dead when such acts were committed
against his body or person

18. That the crime be committed after an UNLAWFUL ENTRY

Unlawful entry – when an entrance is effected by a way not intended for the purpose. Meant
to effect entrance and NOT exit.
Why aggravating? One who acts, not respecting the walls erected by men to guard their
property and provide for their personal safety, shows greater perversity, a greater audacity and
hence the law punishes him with more severity

Example: Rapist gains entrance thru the window

19. That as a means to the commission of the crime, A WALL, ROOF, DOOR OR WINDOW BE
BROKEN

 Requisites:
1. A wall, roof, window, or door was broken
2. They were broken to effect entrance

20. That the crime be committed (1) with the AID OF PERSONS UNDER 15 YEARS of age, or (2)
by MEANS OF MOTOR VEHICLES, airships or other similar means.

Reason for #1: to repress, so far as possible, the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their responsibility (remember that
minors are given leniency when they commit a crime)

The minors here could be accessories, accomplices or principals who aided the accused in the
commission of the crime.

Example: Juan instructed a 14-year old to climb up the fence and open the gate for him so that
he may rob the house

Reason for #2: to counteract the great facilities found by modern criminals in said means to
commit crime and flee and abscond once the same is committed.

Necessary that the motor vehicle be an important tool to the consummation of the crime
(bicycles not included)

Example: Juan and Pedro, in committing theft, used a truck to haul the appliances from the
mansion.

This circumstance is aggravating only when used in the commission of the offense. If motor
vehicle is used only in the escape of the offender, motor vehicle is not aggravating. To be
aggravating, it must have been used to facilitate the commission of the crime.

The motor vehicle must have been sought by the offender to facilitate the commission of the
crime.
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission

• CRUELTY: when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the consummation of the criminal act.
Cruelty cannot be presumed nor merely inferred from the body of the deceased. Has to be
proven.

1. mere plurality of words do not show cruelty

2. no cruelty when the other wrong was done after the victim was dead

• Requisites:

1. that the injury caused be deliberately increased by causing other wrong

2. that the other wrong be unnecessary for the execution of the purpose of the offender

There is cruelty when the offender is deliberately and inhumanly augmented the suffering of
the victim.

The essence of cruelty is that the culprit finds delight in prolonging the suffering of the victim.

IGNOMINY CRUELTY

Moral suffering – subjected to humiliation Physical suffering

OTHER AGRAVATING CIRCUMSTANCES (Not under the Revised Penal Code):

Organized or syndicated crime group

Under the Influence of Dangerous Drugs

Use of Unlicensed Firearm

End ta diri, padayon ta ugma..