AGGRAVATING

CIRCUMSTANCE
ABSORBS ABSORBED BY INHERENT QUALIFIES NEGATED NOTES
1. ABUSE OF PUBLIC
POSITION

Book 2 Title 7 Crimes ( e.g.
Malversation)
Falsification by a public
officer of Public Documents
Accessory in Art. 19, par.3
1


Special Aggravating via Art. 62 (Cant be
offset)
amended by RA 7659
2. CONTEMPT/INSULT
TO PUBLIC
AUTHORITY

Direct Assault
(If Public Authority
is the Victim)
Offender must
know he is a PIA

Not applicable if committed in front of
agent of PIA
3. DISRESPECT
A. AGE
Treachery
Passion and
Obfuscation
[Art. 14 (6)]
If all circumstances present, considered
as one AC
Cant be absorbed by Treachery
EX: Arose from other set of facts

NOTE: For A, B, C considered in crimes
against persons, security, honor
but NOT property

NOTE: For D
GR: Dwelling not Aggravating if both are
occupants of same house
EX: Aggravating even if both are occupants
of the same house in
Adultery/Concubinage in conjugal
dwelling.
B. SEX
Being a Woman is
Indispensable:
Rape
Abduction
Seduction
Parricide (Husband kills
Wife)

C. RANK
D. DWELLING
(must be
exclusively for rest
or comfort)

Trespass to Dwelling
Robbery with Force Upon
Things (not in Robbery with
violence and intimidation)
Destructive Arson

Sufficient
Provocation
[Art. 14 (3)]
4. ABUSE OF
CONFIDENCE

Malversation
Qualified Theft
Estafa (by conversion or
misappropriation)
Qualified Seduction

OBVIOUS
UNGRATEFULNESS

5. CRIME COMMITTED:
A. Palace of Chief
Executive
B. Presence of Chief
Executive
C. Where public
authorities
engaged in the
discharge of
functions
D. Place dedicated
to religious
worship

6. CRIME COMMITTED:
A. Nighttime
Treachery
Passion and
Obfuscation
Sufficient
Not absorbed by treachery: where both the
treacherous mode of attack and nocturnity
were deliberately decided upon in the

1
Harboring, concealing or assisting in the escape of the principal of the crime (for any crime)
provocation same case.
can be considered separately if based
on different facts
B. Uninhabited
Place

Robbery (Art.
295)
Passion and
Obfuscation
Sufficient
provocation

C. Band
(at least 4 armed
persons)
Armed Men (If
there are 4+)
Use of Firearm
Abuse of superior
strength (?)
Brigandage
Robbery (Art.
295)
Destructive
Arson
Passion and
Obfuscation
Sufficient
provocation
Not applicable in crimes against chastity
Conspiracy is presumed
All must be principals
7. CALAMITY
Homicide to
Murder

8. AID OF ARMED
MEN

Band
(If there are 4+
Armed men)

There should be no conspiracy between
the armed men (since all will be considered
as principals)
therefore, the armed men must be
accomplices
9. RECIDIVIST
Quasi-Recidivism
(Offender previously convicted
of final judgment and commits
a felony before beginning to
serve or while serving
sentence.)

10. REITERACION
Cannot apply to Quasi-recidivists
If facts constitute constitute recidivist and
reiteracion choose recidivist coz easily
proven
11. PRICE/REWARD
/PROMISE
Evident
Premeditation
(Only to the Inducer)

Homicide to
Murder

Considered separately if based on
different set of facts
12. INUNDATION,
FIRE, POISON ETC.

Murder (If the means to kill
was by fire, poison, etc.)
Arson (if by fire)
Homicide to
Murder

Arson vs. Murder
If purpose of the fire, poison etc was to
kill a person = Murder
If burned a house and a person was
killed = Arson
If killed a person and burned the house to
conceal the body = SEPARATE Arson
and Murder
NOTE: When one AC already qualifies the
crime, other AC shall be considered
General AC only.
13. EVIDENT
PREMEDITATION

Price/Reward/Pro
mise (Only to
Inducer)
Treason
Estafa
Kidnapping
Robbery
Theft
Piracy
Adultery
Concubinage
Homicide to
Murder
Passion and
Obfuscation
May be aggravating (not inherent) in
robbery with homicide if the
premeditation included killing the victim
Proof of conspiracy does not imply the
existence of evident premeditation. It can
be presumed only where conspiracy is
directly established, not where
conspiracy where it is only implied.
Not applicable in error in personae or
aberration ictus
EX: There is a general plan to kill anyone
14. CRAFT/FRAUD/DI
SGUISE
Treachery
[Craft]
Qualified Theft (Reyes p406)
Estafa

Considered separately if based on
different set of facts
If all present, applied as 1 AC only
15A. SUPERIOR
STRENGTH
Band (?)
(Reyes p.418, Mickey,
Beda p.36)
Treachery
Band (?)
(Boado, p.172)
Treason
Parricide (husband kills wife)
Rape [by force]

Passion and
Obfuscation
No superior strength when one acted as
principal and the others as accomplices
15B. WEAKEN THE
DEFENSE
Treachery
16. TREACHERY
Nighttime
Abuse of Superior
Strength
Craft
Armed Men
Band
Employ means to
Weaken Defense

Evident
Premeditation (?)
Age/Sex (?)
Treason
Murder by Poisoning
Infanticide
Homicide to
Murder
Passion and
Obfuscation
Killing of a child is murder qualified by
treachery, even if the manner of attack
was not shown
Applicable to crimes against persons
Only applicable to Principal DP when not
shown that PDI directed/inducing former
to adopt the means actually used in the
murder.
If there is conspiracy, treachery is
considered against all members.
Dwelling cannot be included in treachery
Now appreciated in robbery with
homicide
Does not qualify robbery with rape
(treachery only considered as generic
AC)
Aggravating in:
Special AC serious
Generic AC less serious
Generic AC parricide
17. IGNOMINY
(moral suffering)

Rape (Beda for all 3)
Libel
Acts of lasciviousness

Rape is ignominy in robbery with
homicide
Injured must not be dead when ignominy
committed
18. UNLAWFUL
ENTRY

Trespass to dwelling
Robbery with force upon
things
Theft to Robbery Ingress only; no breaking
19. WALL/ROOF/FLO
OR/DOOR/WINDO
W BROKEN
Robbery with force upon things Ingress/egress
20A. AID OF PERSONS
UNDER 15 YEARS
OLD

If Minor in conspiracy Minor exempt, but
not to other co-conspirators.
20B. MEANS OF
MOTOR
VEHICLE/AIRSHIPS
/OTHER SIMILAR
MEANS

If used as a means of facilitating escape,
not aggravating. (used to commit crime
dapat)
21. CRUELTY
(physical
suffering)

Mutilation
Crimes against persons
Homicide to
Murder


Additional Aggravating Circumstance:
(Art. 62) Organized/syndicated crime group a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commi ssion of any
crime.

SPECIAL AGGRAVATING CIRCUMSTANCES: increase the penalty for the offense to its maximum period, but the same cannot increase the penalty to the next higher degree; cannot be
offset by an ordinary mitigating circumstance.
Examples:
Organized/syndicated crime group (Art. 62)
Abuse of public position (Art. 62)
Quasi-recidivism (Art. 160)
Unlicensed Firearms if Homicide or Murder committed (RA 8294)
Complex Crimes (Art. 48)
Habitual Delinquency (Art. 62)
Error in Personae (Art. 49)

QUALIFYING AGGRAVATING CIRCUMSTANCE:
DDA Section 25 (RA 9165): a positive finding of use of dangerous drugs is qualifying.