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Article 14: Aggravating Circumstances

1. That advantage be taken by the offender of his


public position.
2. That the act is committed with insult or contempt
of public authority.
3. That the act is committed with insult or complete
disregard of rank, age, and sex, or in the dwelling of
the offended party without his provocation.
4. That the act is committed with abuse of
confidence and obvious ungratefulnes.
5. That the act is committed in the palace of the chief executive, or in his presence, or in a place where
public authorities are engaged in the discharge of their functions, or in a place of religious worship.
. That the act is committed in the nighttime or in an uninhabited place.
!. That the act was committed during a conflagration, shipwreck, epidemic, earth"uake or any other
calamity or misfortune.
#. That the act is committed with the aid of armed men who insure or afford impunity.
$. That the offender is a recidivist.
1%. That the offender has been previously punished with a crime where the law attaches an e"ual or
greater penalty, or two or more crimes with a lighter penalty.
11. That the act is committed in consideration of a price, reward or promise.
12. That the act is committed with inundation, fire, poison, explosion, stranding of a vessel, or intentional
damage thereto, derailment of a locomotive, or any other artifice involving great waste or ruin.
13. That the act is committed with evident premeditation.
14. That the act is committed with craft, fraud or disguise.
15. That the act is committed with superior strength to weaken the defense of the victim.
1. That the act is committed with treachery.
1!. That the means be employed or circumstance brought about ignominy as the natural effect of the
acts.
1#. That the crime be committed after an unlawful entry.
1$. That a wall, roof, floor, door, or window is broken as a means to a crime.
2%. That the act is committed with the aid of minors under 15 years of age, or by means of a motor
vehicles, airships or other similar means.
21. That the wrong done in the commission of a crime be deliberately augmented by causing other wrong
not necessary in the commission of the crime.
Aggravating Circumstances & Those circumstances that serve to increase the penalty of a crime without
exceeding the maximum penalty provided by law for the particular offense.
Note: The list in this 'rticle is ()*+,-./( 0 there are no analogous aggravating circumstances.
'ggravating circumstances are to be strictly construed.
BASIS: The greater perversity of the offender manifested in the commission of the felony as shown by
the following1 2343T45
&motivating power itself
&place of commission
&means and ways employed
&time
&personal circumstances of the offender6offended party
4 KINDS OF AGGRAVATING CIRC!STANC"S #GSI$%
1. Generic & applies to all crimes
& "N!"RATION OF G"N"RIC AGGRAVATING CIRC!STANC"S:
a. 7ffender takes advantage of his public position.
b. *rime is committed in contempt of or with insult to public authorities.
c. The insulting act is committed in the dwelling of the offended party who gave no
provocation.
d. *ommitting an act that is abusive of confidence or is simply obvious
ungratefulness.
e. *rime is committed in the palace of the *hief (xecutive, or in his presence, or
where public officials are engaged in the discharge of their duties or in a place
dedicated to religious worship.
f. *rime is committed at night, in an inhabited place, or by a band& by more than
three armed malefactors who have acted together in the commission of an offense.
g. 'ccused is a recidivist.
h. 7ffender has been previously punished for an offense with an e"ual or greater
penalty or for two or more crimes with a lighter penalty.
i. *rime is committed by using craft, fraud, and disguise.
8. *rime is committed after an unlawful entry&entrance is effected by a way not
intended for the purpose.
k. 9reaking a wall, roof, floor, door or window to commit a crime.
l. *rime is committed with the aid of minors by means of airships or other similar
means.
2. S&eci'ic & applies to particular circumstances
& (:,3(;'T.7: 7< -4(*.<.* '==;'/'T.:= *.;*,3-T':*(-1
a. The insulting act is committed without regard of the respect due the offended
party on account of his rank, age, or sex, without provocation from the offended
party.
b. Taking advantage of superior strength or other means to weaken the defense of
the victim.
c. The act be committed with treachery or alevosia&happens when the offender
commits any of the crimes against the person, by employing means that directly and
specially insure the execution of the crime without risk to himself arising from the
defense which the offended party might make.
d. (mploying means that add ignominy to the natural effects of the act.
IGNO!IN( & a situation or event that causes you to feel ashamed or embarrassed.
e. >eliberately augmenting a wrong done in a crime by causing another wrong that is
not necessary for its commission.
3. In)erent & those that must out of necessity accompany the commission of a crime
& example is evident premeditation in robbery, theft, estafa, adultery and concubinage
4. $uali'*ing & change the nature of the crime
& (:,3(;'T.7: 7< ?,'+.<@.:= '==;'/'T.:= *.;*,3-T':*(- for A.++.:= 7< '
4(;-7: T7 3,;>(;
a. Bith treachery, taking advantage of superior strength, with the aid of armed men,
or employing means to weaken the defense, or of means or persons to insure or
afford impunity.
b. .n consideration of a price, reward, or promise.
c. 9y means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, by means of motor vehicles,
or with the use of any other means involving great waste and ruin.
d. 7n occassion of any of the calamities mentioned in the preceding paragraph, or of
an earth"uake, eruption of a volcano, destructive cyclone, epidemic, or any other
public calamity.
e. Bith evident premeditation.
f. Bith cruelty, by deliberately and inhumanely augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
Distinction:
Generic $uali'*ing
1. *an be offset by an ordinary mitigating. 1. *annot be offset by an ordinary mitigating.
2. 3aybe proved even though not alleged.
2. *annot be proved as such unless alleged in the
information. Cowever, it may be proved as a generic
aggravating circumstance.
3. :ot offset have the effect of increasing the penalty to
the maximum but not beyond that provided by law.
3. *hanges not only the nature but also the name of
the offense.
NOT": ?ualifying and aggravating circumstances must +e allege, in t)e in'ormation or com&laint in
order for it to be appreciated in thereby increase the penalty of the accused. I' not allege,, they may
still be considered as basis for the award of exemplary damages.
"N!"RATION OF AGGRAVATING CIRC!STANC"S:
1- Ta.ing A,vantage o' /u+lic O''ice
Basis: greater perversity of the offender illustrated by his personal circumstance and the
means to secure the commission of the crime.
Re0uisites:
1offender is a public officer
&he takes advantage of his public office by using the influence his office gives him
&there must be proof that the accused took advantage of his public position.
A&&lica+ilit*:
&only to a public officer who takes advantage of his public position by using the influence, prestige
or ascendancy which his office gives him as the means by which he realiDes his purpose.
&failure in official duties is tantamount to abusing of office and warrants aggravation of his penalty.
NOT A//2ICAB2":
1 to crimes where taking advantage of a public position is an integral element of the crime such
as malversation of funds, or falsification of document committed by public officers.
&'rt. 1$1 'ccessories1 'ccessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices, take part
subse"uent to its commission in any of the following manners1
1. 9y profiting themselves or assisting the offender to profit by the effects of the crime.
2. 9y concealing or destroying the body of the crime, or the effects or instruments thereof, in order
to prevent its discovery.
3. 9y harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the *hief (xecutive, or is known to be
habitually guilty of some other crime.
Fact: Bhen a public officer did not take advantage of the influence of his position, aggravating
circumstance by taking advantage of a public office is not present.
CAS": ,- vs Dacuycuy, Dacuycuy was a councilor to took money from 3$ persons to purchase
cedulas. Ce only purchased 1. .n his case the *ourt ruled that he did not take advantage of his
public office because he took the money of his own capacity without the prestige of his office. The
crime was independent of his official function and is not connected with the duties of his office.
3- In Contem&t O' Or 4it) Insult To /u+lic Aut)orities
Basis: greater perversity of the offender illustrated by his lack of respect for the public
authorities.
!eaning: that the offense is committed in contempt of a public authority when is presence, made
known to the offender has not prevented the latter from committing the criminal act.
Re0uisites: #5O/T%
1the public authority is engaged in the exercise of his functions.
&public authority engaged in the exercise of said function is not the person against whom the crime is
committed.
&offender knows him to be a public authority.
&his presence has not prevented the offender from committing the criminal act.
/B2IC AT5ORIT( 1 or person in authority is a public officer who is directly vested with 8urisdiction,
that is, a public officer who has the power to govern and execute the laws.
&e6am&les o' &ersons in aut)orit*: councilor, mayor, barangay captain,
governor, barangay chairman
&A school teacher, town municipal health officer, agent of the BIR, chief of police,
etc. are now considered a person in authority.
AG"NT OF A /"RSON IN AT5ORIT( & any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of public order and the
protection and security of life and property.
&e6am&les o' agent o' a &erson in aut)orit*: chief of police of a town, barrio
councilman, barrio policemen, barangay leader
Fact: The crime should not be committed against the public authority, because if it is committed
against a public authority while he is in the performance of his official duty, the offender commits
direct assault, and not a crime with the aggravating circumstance of contempt or insult to public authority,
because the crime is directly committed against the person.
Fact: +ack of knowledge of the offender that a public authority is present indicates lack of intention to
insult the public authority, thus art. 14 par. 2 is not applicable as an aggravating circumstance.
7- 4it) Insult Or 2ac. O' Regar, Due To O''en,e, /art* B* Reason O' Ran.8 Age Or Se69 D:elling o'
t)e O''en,e, /art* :)o ,i, not &rovo.e t)e o''en,er
Basis: perversity of the offender as illustrated by the personal circumstances of the offended
party and the place of the commission of the crime.
A&&lication:
&The four circumstances enumerated in this paragraph should be considered single or together, thus have
the weight of one aggravating circumstance.
&;ank, age, or sex may be taken into account only in crimes against persons or honor.
&;ank, age, or sex NOT A//2ICAB2" to crimes against property.
RANK & a high social position or standing
& to prove that the act was committed with insult or disregard of the respect of the rank of
the offended party, there must be a difference in the social condition of the offender and
the offended party.
& ";A!/2"S: pupil who attacked his teacher, killing of a staff sergeant by his corporal, the
murder of a city chief of police by the chief of the secret service division, assault upon a
&year&old ;T* 8udge by a municipal 8udge
AG" & a crime with insult or lack of regard due to offended party by reason of age is present in
the following ";A!/2"S:
1when the offended person, by reason of his age, could be the father of the offender
&when the aggressor is 45 years old and the victim was an octogenarian 2a person
who is from #%&#$ years old5
&applies when the offenders are 32 and 2! years old, while the victim is 5 years old
&applies to cases where the victim is of tender age as well as of old age
&Circumstance o' ol, age CANNOT B" CONSID"R"D AGGRAVATING in the absence of
evidence that the accuse, ,eli+eratel* inten,e, to o''en, or insult t)e age o' t)e
victim-
&.t is NOT /RO/"R to consi,er ,isregar, o' ol, age in crimes against &ro&ert*-
>isregard of old age is not aggravating in robbery with homicide because the
intention is to commit a crime against property and not against the person.
Comicide is merely incidental in robbery.
S"; & applies only to the female sex
& a crime with insult or lack of regard due to offended party by reason of sex is present
in the following ";A!/2"S:
1a person compels a woman to go to his house against her will, the crime of
coercion with aggravating circumstance of disrespect to sex is committed.
&killing a female relative of imprisoned killers in revenge to the act for which
they were imprisoned for
&direct assault upon a lady teacher
&Fact: Ailling a woman is not attended by this aggravating circumstance if the offender did not
manifest any specific insult or disrespect towards her sex.
&NOT A//2ICAB2" in the following cases1
&when a man is blinded by passion or obfuscation he becomes unconscious that his act was
done with disrespect to the sex of the offended party.
&when a relationship exists between the offender and the offended party such as recently
divorced spouses, employer and laborer, etc.
&when the condition of being a woman is indispensable in the commission of the crime
such as in parricide, rape, abduction, or seduction.
D4"22ING 1 structure exclusively used for rest and comfort
& BASIS: greater perversity of the offender as shown by the place of the commission
of the offense.
& RATIONA2": dwelling is considered an aggravating offense because of the sanctity
of privacy that the law accords the human abode. oneEs dwelling is a sanctuary
worthy of respect Fone who slanders another in the latterEs house is more guilty than
he who offends him elsewhereG
& The evidence must clearly show that the defendant entered the house of the
deceased to attack him.
& Committing a crime in a ,:elling is aggravate, i':
Hthere is abuse of confidence of the offender towards the party who welcomed
him in his home
Hthe offender trespasses the sanctity of the home against the will of the owner
& in this aggravating offense, the o''en,e, &art* must not )ave given &rovocation to
t)e o''en,er8 otherwise the offended party loses his right to the respect and
consideration of his dwelling.
& I' t)e 'ollo:ing con,itions o' &rovocation are &resent8 the offended party is
deemed to have given the provocation, an, t)e crime committe, in t)e
,:elling is NOT an aggravating o''ense- #SIG%
&sufficient provocation
&immediate to the commission of the crime
&given by the owner of the dwelling
Cowever, i' t)e a+ove con,itions are not &resent8 the owner of the dwelling did not
provoke the offender, an, t)e crime committe, in t)e ,:elling IS an aggravating
circumstance-
Fact: A com+ination )ouse an, store or a mar.et stall :)ere t)e victim sle&t is not a
,:elling-
1 A//2ICABI2IT(:
1even if the offender did not enter the house of the victim to commit the offense,
it is enough that the victim was attacked inside his own house although the
offender devised means to perpetrate the assault from outside his house.
&even if the offender did not enter the upper part of the house where the victim
was, but shot the victim from under the house
&aggression upon the offended party began in his home even if the actual
commission of the crime happened outside of the home because of the unity of
the results
&when a victim is abducted from his6her home and carried away or illegally
detained in another place
&when the offended party has two houses where he6she used to live, the
commission of the crime happened in any of the two houses where the victim
used to live.
&a victim is raped in the board house where she was a bed spacer.
1NOT A//2ICAB2":
1victim is called from his house and murdered in the vicinity of the house
&offender and offended party are occupants of the same house even if the
offender is 8ust a servant in the house
&robbery, because forcing entry is inherent in robbery
&dwelling where the crime was committed did not belong to the offended party
4- A+use o' Con'i,ence an, O+vious ungrate'ulness
A+use o' Con'i,ence 1 exists when the offended party has trusted the offender who
later abuses this trust by committing a crime.
BASIS: greater perversity of the offender as shown by the means and ways employed
R"$ISIT"S: #TOT%
a. The offended party trusted the offender.
b. 7ffender abused this trust by committing a crime against the offended party.
c. The abuse of confidence facilitated the commission of the crime.
1 A//2ICABI2IT(:
< when a 8ealous lover with the intent to kill his sweetheart invited her for a ride in the country, the
unsuspecting girl went with him, and while in the car the 8ealous lover stabbed her.
Hwhen the killer of the child is the domestic servant of the family
& NOT A//2ICAB2":
< when abuse of confidence is inherent in the felony committed such as malversation
FACT: The confidence between the offender and the offended party must be immediate and
personal.
O+vious ungrate'ulness 1 the act is committed with obvious ungratefulness
BASIS: greater perversity of the offender as shown by the means and ways employed
R"$ISIT"S: #OTO%
a. offended party had trusted the offender
b. the act be committed with obvious ungratefulness.
c. offender abused such trust by committing a crime against the offended party
FACT: The ungratefulness must be obvious1 215 manifest and 225 clear-
1";A!/2"S:
<a son&in law who killed his father&in&law who supported him and whose house he
lived in
Hattacking a victim who was supposed to serve them their breakfast by carrying a tray
containing the contents thereof, took advantage of the helplessness of his two arms
which was used in carrying in their food and preventing him from defending himself.
5. Crime in /alace or in /resence o' t)e C)ie' "6ecutive
BASIS: greater perversity of the offender as shown by the place of the commission of the
crime, which should be respected.
FACT: .f it is the !alaca=ang &alace or a c)urc) it is aggravating regardless of whether -tate
or official or religious functions are being held.
HThe 4resident need not be in the palace.
I HCis presence alone in any place where the crime is committed is enough to
constitute the aggravating circumstance
H .t also applies even if he is not engaged in the discharge of his duties in the place
where the crime was committed.
FACT: *emeteries are not places dedicated for religious worship however respectable they
may seem because they are not dedicated to the worship of =od.
/ar- 3 Contem&t or insult to &u+lic
aut)orities
/ar- > 4)ere &u+lic aut)orities are engage,
in t)e ,isc)arge o' t)eir ,uties-
4ublic authorities are engaged in the performance of their duties.
4ublic duty is performed in their office 4ublic duty is performed outside of their
office
The offended party may The public authority
FACT: 7ffender must have the intention to commit a crime when he entered the place-
?- Nig)ttime (Nocturnidad)9 nin)a+ite, /lace (Despoblado)9 4it) a Ban, (Cuadrilla)
BASIS: Time and place of the commission of the crime.
3eans and ways employed.
R"$ISIT"S:
a. Bhen it facilitated the commission of the crimeJ or
b. Bhen especially sought for by the offender to insure the commission of the crime or for the
purpose of impunityJ or
c. Bhen the offender took advantage thereof for the purpose of impunity.
T)ese 7 circumstances ma* +e consi,ere, se&aratel*: #DCR%
215 elements are ,istinctly perceived
225 elements can subsist independently
#7% elements reveal a greater degree of perversity
NIG5TTI!" 1 The commission of the crime must begin and be accomplished in the nighttime 2after
sunset and before sunrise5
& FACTS1
&:ighttime by and of itself is not an aggravating circumstance.
&The offense must be actuall* committe, in t)e ,ar.ness o' t)e nig)t-
I &Bhen the place is illuminated by light, nighttime is not aggravating-
& Nig)ttime nee, not +e s&eci'icall* soug)t 'or :)en: #GIT%
&the offender purposely took advantage of nighttime to avoid interference
&it facilitated the commission of the offense.
&greater certainty in attaining the ends of the offender
NIN5ABIT"D /2AC" & .t is determined not by the distance of the nearest house to the scene of
the crime, but whether or not, in the place of the commission of the offense,
there was a reasonable possibility of the victim receiving some help.
- FACTS1
&-olitude must be sought to better attain the criminal purpose
&The offenders must choose the place as an aid to an easy and
uninterrupted accomplishment of their criminal design.
&The offenders must choose the place as an aid to insure concealment of
the offense, that he might thereby be better secured against detection and
punishment.
BAND - it is when more than three armed malefactors shall have acted together in the commission
of an offense
& R"$ISIT"S:
&composed of at least 4 persons
&at least 4 of these persons are armed
&principals by direct participation
& FACTS:
&This aggravating circumstance is absorbed in the circumstance of abuse of superior
strength.
&' stone is included in the term FarmsG
&9and is inherent in +rigan,age & crime that is committed by more than 3 armed
persons forming a band of robbers
&NOT A//2ICAB2" to crimes against chastity.
&'ggravating circumstance of 9and absorbs the aggravating circumstance of taking
advantage of their superior strength and with the use of firearms
!. On Occasion O' A Calamit*
&This includes conflagration, shipwreck, earth"uake, epidemic, other calamity and misfortune
OT5"R CA2A!IT( OR !ISFORTN": refers to other conditions of distress similar to those
precedingly enumerated.
BASIS: time of the commission of the crime
@- Ai, O' Arme, !en Or !eans To "nsure Im&unit*
BASIS: means and ways of committing the crime
R"$ISIT"S:
1. 'rmed men took part in the commission of the crime directly or indirectly.
2. 'ccused availed himself of their aid or relied upon them when the crime was committed
Arme, !en Ban,
4resent even if one of the offenders
merely relied on their aid.
3ore than three armed malefactors acted
together in the commission of an offense.
.f there are three armed men or less. .f there are 4 armed men, aid of armed men
is absorbed in employment of a band.
'lso includes armed women
NOT A//2ICABI2":
&when the accused as well as those who cooperated with him in the commission of the offense,
acted under the same plan and for the same purpose.
&Bhen both the attacking party and the party attacked were e"ually armed.
I &Bhen the accused as well as those who cooperated with him in the commission of the crime acted
under the same plan and for the same purpose.
I &*asual presence, or when the offender did not avail himself of their aid nor knowingly count upon
their assistance in the commission of the crime
A- Reci,ivism
R"CIDIVIST: one who, at the time of his trial for one crime, has been previously convicted by final
8udgment of another crime embraced in the same title of the ;4*.
BASIS: offenderEs inclination to crimes
R"$ISIT"S:
1. 7ffender is on trial for an offense.
2. Ce was previously convicted by final 8udgment of another crime.
3. <irst and second offenses are embraced in the same title in the ;4*.
4. 7ffender is convicted of the new offense.
AT T5" TI!" OF 5IS TRIA2 & included everything that is done in the course of the trial, from
arraignment until after sentence is announced by the 8udge in open court.
Note: What is controlling is the time of trial, not the time of commission of the crime. (Reyes, Revised
Penal Code)
A FINA2 BDG!"NT IN A CRI!INA2 CAS" B"CO!"S FINA28 45"N:
1. 'fter the lapse of the period for perfecting an appeal, which should be taken within 15 days from
promulgation or notice of the 8udgment or order appealed from
2. -entence has been partially or totally satisfied or served
3. 'ccused has waived in writing his right to appeal
4. 'ccused has applied for probation
";A!/2"S OF CRI!"S "!BRAC"D IN T5" SA!" TIT2" OF T5" R/C:
1. ;obbery and Theft in Title 1% & crimes against property
2. Comicide and 4hysical .n8uries in Title # & crimes against persons
NOT"S:
&;ecidivism can still be taken into account despite the long lapse of time between the first and
second felonies
&Amnest* extinguishes the penalty and all its effects for a crime done.
&/ar,on does not prevent a former conviction from being considered as an aggravating circumstance.
' pardon for a preceding offense does not obliterate the fact that the accused is a recidivist upon his
conviction of a second offense embraced in the same title of the ;4*.
1%. Reiteration or 5a+itualit*
BASIS: offenderEs inclination to crimes
R"$ISIT"S: #A5A%
1. 'ccused is on trial for an offense
2. Ce previously served for another offense to which the law attaches an e"ual or greater
penalty, or for two or more crimes with a lighter penalty than that for the new offense.
1T5IS 3
ND
R"$ISIT" IS /R"S"NT 45"N:
a. The penalty provided by law for the previous offense is e"ual to that for the new
offense
b. Bhen the penalty provided by law for the previous offense is greater
c. Bhen the accused served at least two sentences
3. 'ccused is convicted of the new offense.
R"CIDIVIS! DISTINGIS"D FRO! R"IT"RACION
Reci,ivism Reiteracion
<inal 8udgment has been rendered in the
first offense
7ffender has already served out his sentence
for the first offense
7ffenses are under the same title of the
;4*
4revious and subse"uent offenses are not
embraced in the same title of the ;4*
Taken into consideration in fixing the
penalty to be imposed upon the
accused.
:ot always aggravating
4 FOR!S OF R"/ITION:
1. ;ecidivism
2. ;eiteracion or habituality
3. 3ulti&recidivism or habitual delin"uency & (xtraordinary 'ggravating *ircumstance
4. ?uasi&recidivism & -pecial 'ggravating *ircumstance
5ABITA2 D"2IN$"NC( & is present when a person is found guilty of any crime a third time or
oftener
& the offender is either a recidivist or one who has been previously
punished for two or more offenses
&he shall suffer an additional penalty for being a habitual delin"uent
Art- 1?C. Quasi-Recidivism: K' person who shall commit a felony after having been convicted
by final 8udgment, before beginning to serve sentence or while serving the same, shall be
punished under the maximum period of the penalty.
=eneric 'ggravating *ircumstances
11- /rice8 Re:ar, Or /romise
BASIS: =reater perversity of the offender through the motivating power itself.
R"$ISIT":
a. There must be two or more principals, the one who offers the price, reward or promise, and the
7ne who accepts it.
b. The price, reward, or promise must be for the purpose of inducing another to perform an act.
RATIONA2" OF R"$ISIT"S:
&The one who offers the price induces the other to do the crime.
&The one who accepts the reward also commits to do the crime.
NOT": .f the price, reward or promise is alleged in the information as "ualifying aggravating
circumstance, it shall be considered against all the accused, it being an element of the crime of
murder, otherwise it will only be considered generic aggravating circumstance. 24eople v Talledo and
TimbreDa5.
NOT": .f there is no promise of a price or reward, and something was given voluntarily after the
crime had been committed as an expression of his appreciation for the sympathy and aid shown by
other accused, it should not be taken into consideration for the purpose of increasing the penalty.
NOT": .nducement must be the primary consideration for the commission of the crime.
13- Inun,ation8 Fire8 /oison
BASIS: 3eans and ways employed.
Inun,ation & to cover with a flood of water.
NOT": 'ny of the circumstances in paragraph 12 cannot be considered to increase the penalty or to
change the nature of the offense, unless it is used by the offender as a means to accomplish a
criminal purpose.
NOT": Bhen another aggravating circumstance already "ualifies the crime, any of these
circumstances of fire, poison, explosion, stranding of a vessel or intentional damage, derailment of a
locomotive and the use of any other artifice involving great waste or ruin, shall be considered as
generic aggravating circumstances only.
NOT": Bhen the killing of a victim by means of circumstances of inundation, fire, poison, or
explosion, it "ualifies as murder committed through the aforementioned means, because these
circumstances now become an integral part of the offense. Bhen using these circumstances, the
intent to kill through these methods should be present.
NOT": The circumstances of fire, explosion, and derailment of a locomotive are often inherent in a
crime or may be part of the definition of a particular crime, such as arson, crime involving destruction,
and damages and obstruction to means of communication. .n these instances, these aggravating
circumstances are already inherent in these crimes, hence no long increase the penalty of such crime.
DIFF"R"NC" B"T- /AR- 13 AND D: .n paragraph !, the crimes are committed during a calamity, while
in paragraph 12, the crimes are committed to create great waste or ruin.
17- "vi,ent /reme,itation
BASIS: Bays and means of committing the crime which illustrates a deliberate planning of the act
before executing it.
R"$ISIT"S:
a. The time when the offender determined to commit the crimeJ
b. 'n act manifestly indicating that the culprit has clung to his determinationJ and
c. ' sufficient lapse of time between the determination and execution, to allow him to reflect upon
the conse"uences of his act and to allow his conscience to overcome the resolution of his will.
NOT": (vident premeditation implies a deliberate planning of the act before executing it. 3ere
threats without an act manifestly indicating that the culprit has clung to his determination does not
show evident premeditation, and hence not aggravating.
T)e essence o' &reme,itation in t)e e6ecution o' t)e criminal act are t)at t)ere is:
I & an opportunity to coolly and serenely think and deliberate on1
& the meaning of what he planned to do
& the conse"uences of what he planned to do
I I & The date and time when the offender determined to commit the crime is essential, because the
lapse of time for the purpose of the third re"uisite is computed from that date and time.
& the act is not prompted by the impulse of the moment.
& three hours or less is considered sufficient lapse of time as an interval long enough for a
personEs conscience and better 8udgment to overcome his evil desire and scheme.
& 'fter the offenders had determined to commit the crime, there must be a manifest indication
that they clung to their determination to commit it.
NOT": ' grudge is not a conclusive proof of evident premeditation.
NOT": (vident premeditation contemplates cold and deep meditation, and tenacious persistence in
the accomplishment of a crime. 3ere determination to commit the crime does not itself establish
evident premeditation for it must appear, not only that the accused made a decision to commit the
crime prior to the moment of execution, but also that his decision was the result of meditation,
calculation, or reflection or persistent attempt.
NOT": Bhen *7:-4.;'*@ is directly established through the proof of deliberation and the method
selected to accomplish the crime, including the time and means of executing the crime, evident
premeditation can be taken for granted.
NOT": (vident premeditation is inherent in robbery especially in one committed by more than one
person because of the planning needed to accomplish the act of robbery, but is if there is evident
premeditation not only to steal, but also to kill the person being robbed, it shall be considered as an
aggravating circumstance and conse"uently increase the penalty. C7B(/(;, if the death is only
incidental to the robbery then it is not aggravating.
14. Cra't (Astucia)8 Frau, (Fraude) or Disguise (Disfra)
!A"#": means employed in the commission of the crime.
CRAFT & involves intellectual trickery and cunning on the part of the accused.
& is chicanery resorted to by the accused to aid in the execution of his criminal design. .t is
employed as a scheme in the execution of a crime.
I22STRATIONS:
1inviting a man to accompany them to a distant mountain to show him a 3olave tree from
which a li"uid of peculiar virtue flowed, but murdered him, instead, in a remote and uninhabited
place.
&giving a chocolate to an unsuspecting victim, which contained a delirious drug, to weaken her
defenses in order to sexually assault her.
&asking a person to change a 5% peso bill, but instead snatched his wallet after taking it out.
&offender lures out a victim from his house to kill him
"SS"NC" OF "!/2O(ING CRAFT IN CO!!ITTING A CRI!": To camouflage hostile intentions towards
an unsuspecting victim in order to carry out the crime.
NOT": *raft is not attendant where the unlawful scheme can be carried out 8ust the same even
without the pretense or trickery.
FRAD & insidious words or machinations used to induce the victim to act in a manner which would
enable the offender to carry out his design.
I22STRATIONS:
&inducing victims to surrender their weapons upon a promise that no harm would come to them,
but attacking and killing them as soon as weapons were surrendered.
&stepfather tells his stepdaughter that she was to be taken to her godmotherEs house, but
instead took her to a different place and sexually assaulted her.
CRAFT DISTINGIS"D FRO! FRAD:
Cra't Frau,
'n act is done to prevent suspicion from
arising.
>irect inducement by insidious words or
machinations is present.
DISGIS" & resorting to any device to conceal identity
& contemplates a superficial but somewhat effective dissembling to avoid identification
I22STRATIONS:
& guy blackened his face in order for him not to be recogniDed at the time he committed the
crime.
&accused covered his face with a handkerchief before committing the crime.
&accused with two others used masks to cover their faces when committing the crime.
&guy illegally wore a constabulary uniform
&use of an assumed name in the publication of a libel constitutes disguise
NOT": DISGIS" IS NOT AN AGGRAVATING CIRC!STANC" IF:
& the victims were still able to identify their malefactors even if their faces were covered with
handkerchiefs.
& the accused was recogniDed even with a mask on, because his face could easily be seen
together with the identifying features of his mustache.
1>- Su&erior Strengt) or !eans to 4ea.en De'ense
R"$ISIT"S:
a. There must be evidence that the offender is physically stronger.
b. That the offender abused such superiority.
To TAK" ADVANTAG" o' su&erior strengt) means
I & to use purposely excessive force
I & out of proportion to the means of defense available to the person attacked.
Su&eriorit* ma* arise 'rom:
1age, siDe, and strength of the parties
&notorious ine"uality of the forces between the victim and the aggressor
&weapon used is out of proportion to the defense available to the offended party
I22STRATIONS OF ABS" OF S/"RIOR STR"NGT5:
& a strong man ill&treated a child, an old or decrepit person, or someone weakened by sickness
& victim is weakened by the employment of the offender of drugs or intoxicants
& victim who is smaller than his aggressor and is under the influence of li"uor and is unarmed
was pushed to the wall by his aggressors who fired two shots at him after attempting to escape.
&male with a weapon attacking a female with a weapon is superiority of strength of a male
&three men wielding bolos over a victim who was unarmed and trying to flee.
&simultaneous attacks by two persons with revolvers against a defenseless person
NO ABS" OF S/"RIOR STR"NGT5 IN T5" FO22O4ING I22STRATIONS:
&.f an attack is made alternately on the victim, this does not constitute the use of superior
strength. The attack has to be simultaneous in order for it to be considered as using and
abusing superior strength.
&a husband kills the wife, since sex or gender is inherent in parricide and it is generally accepted
that the husband is physically stronger than the wife.
&even if the victim was attacked by two aggressors if there is no evidence of relative physical
strength of the parties, because the mere fact of superiority in numbers is not sufficient to bring
the case within aggravating circumstance.
&three persons armed with bolos attacked another who was armed with a revolver since their
strength is almost balanced as a revolver is more effective than three bolos
&when one aggressor acted as principal while the others are accomplices because it did not
show that they cooperated in some way to weaken the defense of the victim.
NOT": Bhen treachery is present, superior strength is absorbed, being that it is inherent in
treachery. The aggravating circumstance of by a band is absorbed in treachery.
NOT": 'buse of superiority is absorbed by a crime committed by a band because they both utiliDed
the combined strength of the assailants to overpower the victim and consummate the killing.
ABS" OF S/"RIOR STR"NGT5 VS CO!!ISSION OF A CRI!" B( A BAND
A+use o' Su&erior Strengt) B* A Ban, #Cua,rilla%
*ulprits taking advantage of their
collective strength to overpower their
relatively weaker victim
7ffense is committed by more than three
armed malefactors regardless of the
comparative strength of the victim.
Taken into account is the relative
physical strength of the aggressor
vis&a&vis the offended party
't least four malefactors
Their number is immaterial when their is
no evidence of physical strength of
parties
'll of the four malefactors are armed
I22STRATION OF !"ANS "!/2("D TO 4"AK"N D"F"NS":
&one throws a cloak over a person while struggling with one another, and then wounds or kills
him.
&one person suddenly casts sand or dirt upon another personEs eyes while in the middle of
fighting, then wounds or kills him.
&when the offender intoxicates the other to weaken the defense to kill or wound the victim.
NOT": This applies only to crimes against persons and sometimes against person and property such
as robbery with physical in8uries or homicide.
NOT": This is absorbed in treachery as it is one of the methods of insuring the execution of this act.
1?- Treac)er* (Alevosia% 1 when the offender commits any of the crimes 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.
BASIS: means and ways employed in the commission of the crime showing clear and convincing
evidence of treachery.
R"$ISIT"S:
a. The victim was not in a position to defend himself at the time of the attack.
b. The offender consciously adopted the particular means or method or form of attack employed by
him.
R2"S R"GARDING TR"AC5"R(: #!A!%
1applicable only to crimes against persons
&means, methods or forms need not insure accomplishment of crime
&mode of attack must be consciously adopted
Haccused must make some preparation to kill the victim
Hmode of attack is thought of by the offender and not unexpected
TR"AC5"R( IS /R"S"NT 45"N:
&the victim is not in a position to defend himself
&the offenders made a deliberate surprise or unexpected attack on the victim
&when the offender takes advantage of relative confusion so that his acts and identity would not
be detected by the people around him, and so that escape would be facilitated
&killing a child because of the weakness of the child due to his tender age thereby eliminating
danger to the accused.
NOT": -uddenness of attack does not suffice treachery even if the purpose was to kill. Bhat
is necessary is that it can be proven as fully as the crime itself in order to aggravate the liability
or penalty incurred by the culprit, because suddenness of attack may be a reaction to an actual
or imagined provocation. Cence passion and obfuscation cannot coexist with treachery
because it handicaps the offenders ability to consciously adopt a mode of attack and merely
employ a method due to his loss of reason.
NOT TR"AC5"R(:
&when the meeting of the victim and assailant is accidental
&when there are no witnesses who could have seen how the victim was shot
&when the altercation is the result of a casual and not a planned encounter
&when the attack is frontal indicating that the victim was not totally without opportunity to
defend himself.
&when accused does note camouflage his hostile intentions
&when the accused gave the deceased a chance to prepare such as that in a gunfight
&when the attack was preceded by a warning
&when the attack was preceded by a heated discussion
NOT": .ntent to kill is not necessary in murder with treachery because there is no
incompatibility, moral or legal between alevosia and the lack of intent to cause so great an
in8ury.
I22STRATION: ' struck 9 with the fist from behind, the blow landing on the back part of the
head, causing the latter to fall backwards, his head hitting the asphalt pavement which caused
death resulting from a fracture of the skull, is guilty of murder characteriDed by treachery, even
if he did not intend to kill the deceased.
NOT": Treachery may exist even if the attack is face to face as long as the attack was not
preceded by a dispute and the offended party was unable to prepare himself for defense, or
when the attack was so sudden and unexpected.
NOT": 'ttack from behind may not always be alevosia or treachery. This conclusion can only
be drawn when the re"uisites were taken into account in the performance of the act, which are
that the mode of attack was consciously adopted and the risk to the offenderEs life was taken
into account.
NOT": Treac)er* must +e &resent at t)e +eginning o' t)e assault :)en:
1the aggression is continuous 2page 41 of book 4eople vs *anete5
&or when there was an interruption of the assault 2page 42 of the book 4eople vs
9aluyot5
NOT": Art- ?38 /ar- 4 states that treachery is considered against those persons only who had
knowledge of the employment of treachery at the time of the execution of the at or their
cooperation therein. Bhen there is conspiracy, treachery attends against all conspirators
even if only one did the act that lead to the death of a victim.
DIFF"R"NC" OF TR"AC5"R(8 ABS" OF S/"RIOR STR"NGT5 AND !"ANS "!/2O("D TO 4"AK"N
D"F"NS":
Treac)er* A+use o' Su&erior Strengt)
!eans "m&lo*e, to 4ea.en
De'ense
3eans, methods, or forms of
attack are employed by the
offender to make it
impossible or hard for the
offended party to put up any
sort of resistance.
7ffender does not employ
means, methods or forms of
attack as he only takes
advantage of his superior
strength.
The offender may employ
means, methods, or forms but
only to weaken the resisting
power of the offended party.
AGGRAVATING CIRC!STANC"S ABSOR"D B( TR"AC5"R( D" TO T5"IR IN5"R"NT /R"S"NC" IN
T5" CO!!ISSION T5"R"OF:
&evident premeditation
&abuse of superior strength
&aid of armed men
&by a band
&means to weaken the defense
&nighttime
&craft
&disregard of age and sex
&poisoning
1D- Ignomin* 1 a circumstance pertaining to the moral order, which adds disgrace and obloguy to the
material in8ury caused by the crime.
& applicable when the crime committed is against chastity.
BASIS:
1means employed adds insult to the in8ury caused
&means employed makes the effects of the crime more humiliating or puts the offended party to
shame
&adds to the moral suffering of the victim
NOT": .gnominy aggravates the penalty for the crime of less serious physical in8uries.
NOT": Bhen a man is killed in front of his wife, there is no ignominy. .t is also not present when
the victim is already dead and a dismemberment is done afterwards.
NOT": ;ape is ignominy in robbery with homicide because it is a show of deliberately augmenting
unnecessary wrongs to the main criminal ob8ective under paragraphs 1! and 21 of article 14.
1@- nla:'ul "ntr* 1 an entrance is effected by a way ot intended for the purpose.
& must be a means to effect entrance and not escape
BASIS: means and ways employed to commit the crime
RATIONA2": .t becomes an aggravating circumstance because of the lack of respect demonstrated
by the perpetrator in disregarding the personal safety and sanctity of the owners of the home.
CONSID"R"D IN:
1raped committed in a house after an entry through a window
&murder were accused entered the room of the victim through the window
&robbery with violence against or intimidation of persons because unlawful entry is not inherent
in this kind of robbery.
NOT": ,nlawful entry becomes inherent in committing robbery with force upon things. 9ut in the
crime of theft, where unlawful entry is alleged, it becomes a generic aggravating circumstance which
raises the penalty of theft to its maximum.
NOT": >welling and ,nlawful (ntry are two different aggravating circumstances that should be
taken individually if present in a crime. (xample murderer gained access to the house by climbing
through the window and murdered persons once inside.
1A- Brea.ing 4all8 Floor8 Roo'
BASIS: means and ways employed to commit the crime
RATIONA2": .t is therefore not necessary that the offender enters the building in the commission of
a crime, what aggravates the liability of the offender is the breaking of a part of the building as a
means to the commission of the crime.
:7T(1 9reaking a wall, floor, or roof only becomes lawful when an officer has to do this in order to
make an arrest be it with a warrant or none at all, so long as the officer is refused admittance in said
building.
3C- 4it) Ai, o' /ersons n,er 1>9 B* !otor Ve)icle
BASIS: means and ways employed to commit the crime.
3 DIFF"R"NT AGGRAVATING CIRC!STANC" OF /AR- 3C:
1. 4rofessional criminals taking advantage of minorsE irresponsibility
2. =reat facilities found by modern criminals in sad means to commit crime and flee and abscond
once the same is committed.
NOT": ,se of motor vehicles becomes aggravating if it is purposely and conveniently used both in
going to the place of to commit the crime and in fleeing from it as it furnishes a "uick means for the
flight or concealment of the offender. 9ut if it was only used to facilitate the escape since
incidentally it became available for such , it cannot be an aggravating offense.
NOT": The phrase Fother similar meansG is to be understood as referring to motoriDed vehicles or
other efficient means of transportation similar to automobile or airplane. ' bicycle is therefore not
considered as one as it does give an effect of a faster escape due to the absence of a motor.
31- Cruelt* 1 it is when a culprit en8oys the delights in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.
BASIS: 3eans and ways employed in committing the crime
R"$ISIT"S:
a. .n8ury caused be deliberately increased by causing other wrong.
b. The other wrong be unnecessary for the execution of the purpose of the offender.
NOT": The phrase Fbe deliberately augmented by causing other wrongG means that the offender
had the deliberate intention to prolong the agony or suffering of the victim.
I22STRATIONS OF CR"2T(:
&burning the moth of an 11 month old child before killing the child
&extracting the victimEs eye and stuffing his mouth with mud
NOT": 3ultiple wounds inflicted on a victim does not show cruelty as long as appreciable time
intervening between the infliction of one wound and that of another is absent as this merely shows a
rapid succession of infliction of in8uries but not cruelty because it lacks the intent of the offender to
prolong the agony of the offended party.
CR"2T( DISTINGIS5"D FRO! IGNO!IN(
Cruelt* Ignomin*
;efers to physical suffering ;efers to moral suffering
AGGRAVATING CIRC!STANC"S /"C2IAR TO C"RTAIN F"2ONI"S:
1. /iolation of domicile committed in the nighttime.
2. (vidence not returned immediately after the search made by the offender.
3. The interruption of religious worship is made with violence.
4. Bhen the offender lays hands upon a person in authority.
5. .mmoral traffic or human trafficking.
. =rave threats made in writing or through a middleman.
!. ;obbery with violence against or intimidation of persons is committed in an uninhabited place or
by a band.
A2T"RNATIV" CIRC!STANC"S & are 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
commission.
BASIS:
&the nature and effect of the crime
&the other conditions attending its commission