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A recidivist is one who, at the time of his trial for one Kinds of aggravating Circumstances:
crime, shall have been previously convicted by final 1. Generic Aggravating;
judgment of another crime embraced in the same 2. Specific Aggravating;
title of this Code. 3. Inherent Aggravating;
10. That the offender has been previously punished 4. Qualifying Aggravating;
by an offense to which the law attaches an equal or 5. Special Aggravating;
greater penalty or for two or more crimes to which it
attaches a lighter penalty. Different kinds of Aggravating Circumstances
11. That the crime be committed in consideration of a 1. Generic Aggravating Circumstance
price, reward, or promise. ➢ are those which apply to all crimes
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a Example: recidivism and nighttime - it can be applied to
vessel or international damage thereto, derailment of crimes against persons, crimes against property, crimes
a locomotive, or by the use of any other artifice against chastity and applied to all other crimes.
involving great waste and ruin.
13. That the act be committed with evidence 2. Specific Aggravating Circumstances
premeditation. ➢ are those that apply only to a certain or particular
14. That the craft, fraud or disguise be employed. crimes
15. That advantage be taken of superior strength, or
means be employed to weaken the defense. Example: Treachery – applies only to crimes against
16. That the act be committed with treachery persons. Cruelty which applies only to crimes against
(alevosia). Persons
There is treachery when the offender commits any of 3. Inherent Aggravating Circumstances
the crimes against the person, employing means, ➢ are those which of necessity follow the commission of
methods, or forms in the execution thereof which the crime because they are considered as ingredient or
tend directly and specially to insure its execution, element of a crime. Hence they are no longer considered
without risk to himself arising from the defense so as to increase the imposable penalty because they
which the offended party might make. are considered elements in the commission of the crime.
17. That means be employed or circumstances
brought about which add ignominy to the natural Example: Dwelling is considered inherent In Violation of
effects of the act. Domicile. Evident premeditation is always inherent in the
18. That the crime be committed after an unlawful crime of robbery
entry.
There is an unlawful entry when an entrance of a 4. Qualifying Aggravating Circumstances
crime a wall, roof, floor, door, or window be broken. ➢ are those that which change the nature of the crime to
19. That the crime be committed with the aid of bring about a greater crime with a higher penalty or even
persons under fifteen years of age or by means of without changing the nature of the crime it brings about
motor vehicles, motorized watercraft, airships, or the imposition of a higher penalty.
other similar means. (As amended by RA 5438).
Example: Those enumerated under Article. 248 Murder.
20. That the wrong done in the commission of the
Such circumstances qualify Homicide into Murder and to
crime be deliberately augmented by causing other
increase the imposable penalty.
wrong not necessary for its commissions.
Effect of more than one Qualifying Circumstance
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If there are more than one qualifying aggravating same cannot increase the penalty to the next higher
circumstance as for example, homicide qualified to degree.
murder, only one will qualify the felony to murder and the
others shall be considered as a generic aggravating In the case of special aggravating circumstance, it
circumstance. CANNOT be offset by an ordinary mitigating
circumstance.
Example:
A killed B there was treachery, it was done in ➢ These circumstances provide for the imposition of the
consideration of a price, reward or promise, there was Maximum penalty prescribed by law and it cannot be
also cruelty, so there are three qualifying aggravating offset by any mitigating circumstance.
circumstances present. Only one of them will qualify the
killing to murder. So if treachery is already proven, the Example;
crime committed is already murder. Cruelty and the other The following are examples of Special Aggravating
circumstance of in consideration of a price, reward or Circumstance;
promise shall only be considered as generic aggravating 1. Quasi-recidivism under Article 60 of the Revised Penal
circumstances. Code;
2. Complex Crimes under Article 48 of the Revised Penal
Art. 248. Murder. — Any person Code; and
who, not falling within the 3. When homicide or murder is committed with the use of
provisions of Article 246 shall kill an unlicensed firearm under P.D. 1866 as amended by
another, shall be guilty of murder R.A. 8294;
and shall be punished by reclusion 4. When in the omission of the crime, advantage was
temporal in its maximum period to taken by the offender of his public position under Article
death, if committed with any of the 62 of the RPC;
following attendant circumstances:
Q: X committed a crime – killing Y. In killing Y, it was
1 . W i t h t r e a c h e r y, t a k i n g alleged in the information that the act of killing was
advantage of superior strength, attended by treachery and abuse of superior strength.
with the aid of armed men, or Both were also proven. If you were the judge, how will
employing means to weaken the you consider these two qualifying aggravating
defense or of means or persons to circumstances?
insure or afford impunity.
A: You have to convict the accused with the crime
2. In consideration of a price, of murder qualified by treachery. Abuse of
reward, or promise. superior strength has no more effect because if
both treachery and abuse of superior strength
3. By means of inundation, fire, attended the commission of the crime, treachery
poison, explosion, shipwreck, absorbs abuse of superior strength. Therefore, no
stranding of a vessel, derailment or need to consider abuse of superior strength.
assault upon a street car or
locomotive, fall of an airship, by Q: X killed Y. It was alleged in the information that the
means of motor vehicles, or with killing attended by treachery. He killed Y because he was
the use of any other means given P500, 000. While Y was crossing the pedestrian,
involving great waste and ruin. he hit and bumped Y with his car. So three qualifying
aggravating circumstances were alleged – treachery, in
4. On occasion of any of the consideration of a prize, reward, or promise, and use of a
calamities enumerated in the motor vehicle. All of them were proven in the trial. If you
preceding paragraph, or of an were the judge, how will you appreciate these qualifying
earthquake, eruption of a volcano, circumstances?
destructive cyclone, epidemic or
other public calamity. A: Convict the accused of murder qualified by
treachery. In consideration of a prize, reward, or
5. With evident premeditation. promise and use of motor vehicle shall be
considered as generic aggravating
6. With cruelty, by deliberately and circumstances. Therefore, there are qualifying
inhumanly augmenting the aggravating circumstances, since you only need
suffering of the victim, or outraging one qualifying to qualify the killing to murder, the
or scoffing at his person or corpse. other aggravating circumstances alleged and
proven shall be considered as generic
aggravating circumstances. Therefore the crime
5. Special Aggravating Circumstance committed is murder qualified by treachery. The
In the case of People of the Philippines v. De Leon (G.R. fact that two generic aggravating circumstances
No. 179943, June 26, 2009) the Supreme Court defined are present means that the maximum period of
Special Aggravating Circumstances as circumstances penalty shall be the one imposed since the
which arise under special conditions to increase the generic aggravating circumstances are not offset
penalty for the offense to its maximum period, but the by any mitigating circumstance.
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