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That the advantage be taken by the offender of his public position. offender 2.Personal circumstance of the offender, and 3. Means used to secure the commission of the crime. That the crime be committed in contempt of or with insult to the public authorities. 1.Greater perversity of the offender, and 2. Lack of respect for the public authorities 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act.
1.Greater perversity of the
That the act be committed
1.Greater perversity of the
Provocation must be:
Rank- refers to a high
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Given by the owner of the dwelling. Immediate to the commission of the crime. That the abuse of confidence facilitated the commission of the crime. and 3. 1. 2.Means and ways employed.Place of the commission of the crime 1. or to a graded official standing or social position or status. such trust by committing a crime against the offended party. age. Two kind of Robbery 1. and 3. 1. 2. That the act be committed with abuse of confidence or obvious ungratefulness. Robbery with violence against or intimidation of persons.Personal circumstances of the offended party. sex or that it be committed in the dwelling of the offended party. 2. That the offender abused 4 5 That the crime be committed in the palace of the Chief 1. 2|Page nbbanquero notes/jd1/cpu/2012 . That the offended party has trusted the offender. 2.with insult or in disregard of the respect due the offended party on account of his rank. Sufficient. offender. 2. social position or standing as a grade in the armed forces. Robbery with force upon things in inhabited house.Greater perversity of the offender. 3. if the latter has not given provocation.Greater perversity of the offender.
it shall be deemed to have been committed by a band. 2. 1.Time and place of the commission of the crime. to religious 2. Time of the commission of on the occasion of a the crime.Place of the commission of the crime. 3|Page nbbanquero notes/jd1/cpu/2012 . and 2. or in his presence or where public authorities are engaged in the discharge of their duties or in a place dedicated worship.executive. 3. which must be respected.When it facilitated the commission of the crime. 7 That the crime be committed 1. the whenever commission of such an circumstances may facilitate offense. or by a band.When especially sought for by the offender to insure the commission of the crime of for the purpose of impunity.When the offender took advantage thereof for the purpose of impunity.Means and ways employed Nighttime. uninhabited place or band is aggravating: 1. That the crime be committed in the nighttime or in an uninhabited place. 6 Whenever more than three armed malefactors shall have acted together in the commission of an offense.
That the crime be committed 1.Greater perversity of the 1. That the offender is on trial Recidivism must be taken offender.aggravating circumstance have intervened between first and second are felonies convicted by final judgment no matter how many years of another crime. second offenses 3. the accused availed himself of their aid or relied upon them when the crime was committed.Inclination to crimes. 8 That the accused is a 1. at the time of his trial for one crime. directly or indirectly. or and ways of 1. committing the crime. shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. 4. That both the first and the the 9 embraced in the same title of the Code. That the crime. 2. shipwreck epidemic. 4|Page nbbanquero notes/jd1/cpu/2012 . earthquake. That the offender is convicted of the new offense. other calamity or misfortune. recidivist. A recidivist is one who. That armed men or person took part in the commission of 2. Means with the aid of armed men or persons who insure or afford impunity. That he was into account as an previously .conflagration. 2. for an offense.
be means of inundation.Recidivism 2.That the offender has been Same as that of recidivism.. stranding of a vessel or intentional damage thereto. poison. Means and ways employed 12 13 That the act be committed 1. the greater perversity of attaches an equal or greater inclination to crimes.Motivating power itself That the crime be committed 1. The time when the offender Essence of Premeditation 5|Page nbbanquero notes/jd1/cpu/2012 . or by the use ruin. derailment or a locomotive. That the offender is on Forms of repetition: 1. reward.Multi-recidivism 4. That he is convicted of the new offense. and 3. previously punished for an i. of any other artifice involving great waste and 1. 1.Quasi-recidivism or habitual delinquency or That he previously served trial for an offense.e. 11 That the crime be committed in consideration of a price.Reiteracion habituality 3. penalty or for two or more crimes to which it attaches a lighter penalty. sentence for another offense to which the law attaches an 10 equal or greater penalty. explosion.Ways of committing the 1. fire. or promise.Greater perversity of the offender 2. or for two or more crimes to which it attaches lighter penalty than that for the new offense. offense to which the law the offender as shown by his 2.
2. That the advantage be taken of superior be strength.The mode of attack must be consciously adopted. methods or forms in the execution thereof which tend directly and specially to insure its execution. Calm judgment. employing means. That the act be committed 1.Deliberate planning of the act before executing it determine crime. Must be preceded by cool thought and reflection 2. the victim was not in a position to defend himself. There is treachery when the offender commits any of this crime against the person. 2. and Rules treachery: 1. Fraud and Disguise commission of the crime weaken the defense. 14 15 That craft. That the offender consciously adopted the particular means.Means employed in the 1. himself without risk to the arising from 2. only to the against regarding 16 defense which the offended 6|Page nbbanquero notes/jd1/cpu/2012 .with evident premeditation. Sufficient lapse of time. An act manifestly indicating that the culprit has clung to his determination. Means and ways employed Requisites of Treachery with treachery (alevosia). in the commission of the crime. method or of forms need not insure accomplishment crime.Applicable crime person. or disguise be employed. method or form of attack employed by him. 1. 3. to commit the 1. employed or to means 1. Craft. 3. crime 2. That at the time of the attack.Means. fraud. and.
7|Page nbbanquero notes/jd1/cpu/2012 . door. Treachery means that the offended party was not given opportunity to make a defense. roof.Means employed Ignominy- is a circumstance pertaining to the moral order. or by means of motor vehicle. 1. That means be employed or circumstance brought about which add ignominy to the natural effects of the act.Means and ways employed to commit the crime.party might make. There is unlawful entry when the entrance is effected by a way not intended for the purpose. 18 1. That the crime be committed 1.Means and ways employed to commit the crime. which adds disgrace and obloquy to the material injury caused by the crime. 17 That the crime be committed after an unlawful entry. That as a means to the 1. floor. 20 with the aid of persons under fifteen years of age.Means and ways employed to commit the crime. or window be broken. 19 commission of a crime a wall.
That the injury caused be Cruelty. and and delights in causing other wrong.airship.when the culprit deliberately increased by enjoys That the wrong done in the commission of the crime be deliberately augmented for by its neither causing other wrong nor necessary commission. consummation criminal act. in of the the 21 2. 1. or other similar 1. means.Means and ways employed to commit the crime. That the other wrong be slowly of the purpose of the physical unnecessary for the execution causing him unnecessary pain offender. making his victim suffer gradually. Alternative Circumstances Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commissions Basis Nature and effects of the crime and the other conditions attending its commissions 8|Page nbbanquero notes/jd1/cpu/2012 .