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Reviewer Aggravating Circumstances Matrix
Reviewer Aggravating Circumstances Matrix
No. Short Title Advantage Taken of Public Position 1 Generic No. Of Aggravating Circumstances Nature Basis Greater perversity as shown by: - Personal Circumstance of the Offender - Means used to secure the commission of the crime Greater perversity as shown by: - Lack of respect for public authorities Greater perversity as shown by: - Personal circumstance of the offended party 1. 2. Exceptions If the public officer is committing the crime in his private capacity (i.e. not using the influence of his office)
Requisites The person committing the crime is a public officer That said public officer used the influence, prestige and ascendancy of his office in the commission of the crime
Note: RA 7659 penalty prescribed by law is always at the maximum regardless of the mitigating circumstance 1. 2. 3. 4. 1. 2. 3. 4. 5. Public authority is engaged in the exercise of his functions That said person is not the person against whom the crime is committed The offender knows him to be a public authority His presence has not prevented the offender from committing the criminal act Specific fact or circumstance of deliberate intention to disregard or insult age, sex or rank Proof of fact of disregard and deliberate intent Rank: difference in the social condition of the offender and the offended party Age: Tender age or old age of the offended party Sex: Applies to the female sex only When the officer is directly assaulted Lack of knowledge on the part of the offender of the public officers presence
Generic
4 Note: May be considered single or together but will result in only ONE aggravating circumstance
Generic
1. 2. 3.
That there is no sufficient provocation given by the owner of the dwelling inside the dwelling Includes: dependencies, foot of the staircase and enclosure under the house The offended party was attacked inside his own house
Deliberate intent to insult or disregard is not apparent Sex: When the offender acted with passion and obfuscation Sex: When there exists a relationship between the offender and the offended party Sex: When the condition of being a woman is indispensible in the commission of the crime (i.e. parricide, rape, abduction & seduction) When both the offender and the offended party are occupants of the house Where the robbery is committed by force upon things, for said violation to dwelling is inherent. Crimes where trespass to dwelling is inherent The owner of the dwelling gave sufficient and immediate provocation Dwelling did not belong to the offended party Adultery, except if the paramour lives in the same dwelling
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Requisites The offended party trusted the offender (immediate and personal) The offender abused such trust by committing a crime against the offended party The abuse of confidence facilitated the commission of the crime The public authority is engaged in the performance of his duty The public authority is in his office; or the place is dedicated to the worship of God The public authority may be the offended party Offender must have the intention to commit a crime when he entered the place When it facilitated the commission of the crime When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity When the offender took advantage thereof for the purpose of impunity Band: Whenever more than three armed malefactors shall have acted together in the commission of an offense (regardless of the comparative strength) The offender must take advantage of the calamity or misfortune The crime was committed during a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune (i.e. typhoon or other chaotic condition) That armed men or persons took part in the commission of the crime, directly or indirectly That the accused availed himself of their aid or relied upon them when the crime was committed
Generic
In the case of the Malacaang palace, the crime is aggravating even if the Chief Executive is not present.
Generic
Time and place of the commission of the crime and means and ways employed Qualifying
1. 2.
3. 4.
Qualifying
Time of the commission of the crime Note: Debased form of criminality of the offender Means and ways of committing the crime
1. 2.
When the time and place was incidental Crimes against chastity Night-time: When the crime was either started or finished beyond night-time. Night-time: When the place of the crime is illuminated by light Uninhabited place: When the victim has a reasonable possibility of receiving some help Band: When the armed malefactors are 3 and below in number Band: When the malefactors did not act together When the instance of a calamity is just incidental in the commission of a crime (i.e. a person killed his mortal enemy in the midst of a flood)
1. 2.
When both the attacking party and the party attacked were equally armed When the accused and those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose
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Requisites
Recidivist 1 Generic
10
Reiteration or Habituality
11
12
Qualifying
The offender is on trial for an offense He was previously convicted by final judgement of another crime 3. Both the first and second offense are embraced in the same title of the Code 4. The offender is convicted of the new offense It is necessary to allege the same in the information and attach thereto certified copies of sentences rendered against the accused 1. That the accused is on trial for an offense 2. That he previously served sentence for another offense which the law attaches an equal or greater penalty or two or more crimes to which it attaches lighter penalty than that for the new offense. 3. That he is convicted of the new offense 1. There must be 2 or more offenders: the one who gives or offers the price or promise and the one who accepts it 2. Price, reward or promise must be for the purpose of inducing another to perform the deed 1. The circumstances mentioned must be facilitated by the offender as a means to accomplish a criminal purpose The time when the offender determined to commit the crime 2. An act manifestly indicating that the culprit has clung to his determination 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his will Note: The essence of premeditation is that the execution 1.
1. 2.
If the price or reward was given without previous promise Note: The price, reward or promise must be the primary motivation in performing the crime. When another aggravating circumstance already qualifies the crime, these shall be considered as generic aggravating circumstance only. When there is no actual design to kill a person When the attack was made in the heat of anger Mere threats, expression of determination, illfeeling or grudge without external acts Implied conspiracy (must be express) When the victim is different from the one intended for specific attacks Inherent in robbery, BUT is aggravating in robbery with homicide if the premeditation included the
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Ways of committing the crime 1 Qualifying Note: Evident premeditation implies deliberate planning
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Requisites of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgement. Particularity on the person is not required. 1. That craft, fraud or disguise was used to aid in the execution of the criminal design 2. Craft: involves intellectual trickery in order not to arouse suspicion 3. Fraud: involves insidious words or machinations for direct inducement 4. Disguise: resorting to any device to conceal identity 1. Applicable only to crimes against persons 2. Superior strength: There was deliberate intent to take advantage of superior strength 3. Superior strength: That there is evidence of relative physical strength and notorious inequality of forces (age, sex, size) 4. Superior strength: The purpose is to overpower 5. Weaken defense: The purpose is to materially weaken the victims resisting power
14
15
16
Treachery
1. 2. 3. 4. 5. 6.
That the crime is committed against persons That the mode of attack be consciously adopted by the offender That the means, methods, or forms need to ensure the execution of the crime That at the time of the attack, the victim was not in a position to defend himself When the aggression is continuous, treachery must be present in the beginning of the assault When the assault was not continuous in that
Craft: when it partakes of an element of the offense Craft: where the offender did not exert an effort to camouflage his true intentions Disguise: when the disguise subsequently fell during the commission of the crime Disguise: where the device was not used to conceal identity Absorbed in the circumstance of treachery Superior strength: The attack was due to passion and obfuscation Superior strength: Unexpected turn-out of an altercation Superior strength: When the attack was made on the victim alternately Superior strength: Inherent in the crime of parricide Superior strength: No abuse of superior strength when one acted as principal and the other two as accomplices Cases involving accidents, chance encounters or spurs of the moment (not deliberately sought) Cases attendant of negligence or carelessness Cases attendant of passion and obfuscation or those w/ sufficient provocation When the attack was preceded by an altercation or heated discussion When the victim was appropriately warned When the accused did not camouflage their intentions
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Requisites there was an interruption, it is sufficient that treachery was present at the moment that the final blow was given Notes: - It is not necessary that the mode of attack insures the consummation of the offense. - There is treachery in the killing of a child - It makes no difference whether or not the victim was the same person whom the accused intended to kill 1. Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder 2. Where the acts tend to make the effects of the crime more humiliating or shameful 1. When an entrance is effected by a way not intended for that purpose
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Ignominy 1 Qualifying
18
Unlawful Entry
Qualifying
Means and ways employed to commit the crime Means and ways employed to commit the crime Means and ways employed to commit the crime
19 20
Qualifying
1. 2. 1. 2.
Qualifying
Done as a means to the commission of a crime That it was done as a means to effect entrance only Minor: That the minor is under 15 years old Vehicle: That the vehicle be used to furnish a quick means to commit the crime, flight and concealment
21
Cruelty 1 Qualifying
1. 2. 3.
That the injury caused be deliberately increased by causing other wrong That the wrong be unnecessary for the execution of the purpose of the offender Deliberate prolongation of the physical suffering
Trespass to dwelling When the entrance was effected as a means to escape Inherent to robbery with force upon things Inherent to robbery with force upon things Arrests by an officer Done due to refused admittance to an officer Not applicable to vehicles not considered as motorized by the LTO Estafa When the crime is already done and the motor vehicle was just incidental Inherent in carnapping When the cruelty is done on a corpse That there was no positive proof that the damages seen on the victim were inflicted to prolong his suffering
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