ART 14 AGGRAVATING CIRCUMSTANCES 1. advantage taken by the offender of his public position 2. crime be committed in contempt 3.

. act committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation 4. committed with abuse of confidence or obvious ungratefulness 5. committed in the palace of the chief exec, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship 6. committed in the nighttime or in uninhabited place, or by a band, whenever such circ may facilitate the comm. Of offense (more than 3 armed malefactors shall have acted together in the comm. Of an offense, shall be deemed to have committed by a band) 7. on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune 8. with the aid of armed men or persons who insure or afford impunity 9. accused is recidivist (one who, at the time of his trial, shall have been previously convicted by final judgment of another crime embraced in the same title of this code 10. has been previously punished for an offense to which the law attaches equal or greater penalty or for two more crimes to which it attaches a lighter penalty 11. crime be committed in consideration of a price, reward, or promise 12. committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin 13. committed with evident premeditation 14. craft, fraud, or disguise be employed 15. advantage be taken of superior strength, or means be employed to weaken the defense 16. committed with treachery (offender commits any of the crimes employing means which tend directly to insure its execution, without risk to himself arising from the defense the offended party might take) 17. means be employed or circ brought about which add ignominy to the natural effects of the act 18. committed after an unlawful entry 19. means to the c of c, a wall, roof, floor, door, or window be broken 20. committed with the aid of persons under 15 yrs, or by means of motor vehicle, airships, or other similar means 21. wrong done in the c of c be deliberately augmented by causing other wrong not necessary for its commission PAR 1 taking advantage of the offender of his public position Basis: greater perversity of the offender, shown by personal circ of the offender, and means used to secure c of c Applicable only when offender is public officer who takes adv of his position taking adv of positin using the influence, prestige, or ascendancy his office gives him Not applicable when congressman offered resistance to a peace officer Present when a councilor collects fines and misappropriates them

Not applicable when crime is not connected with his duties of his office us vs dacuycuy -should be tried as a private individual Wearing uniform is immaterial in some cases -