Aggravating Circumstance KINDS OF AGGRAVATING

If the accused abused his public position Malversation (Art 217)

Advantage be taken by the Falsification of a document committed by public offcers
offender of his public position, If the accused failed to perform his official duties
Direct Assault committed with a weapon by public officer (Art 148) (Art 171)
regardless of him wearing his
uniform Accessories under Article 19, par 3
If the accused took advantage or used his public postion to perpretrate
the crime Crimes committed by public officers (Art 204 to 245)

Crime be committed in contempt

of or with insult to the public
authorities (councilor, mayor,
governor, barangay captain,
barangay chairman) When the offense is committed directly to the public authority =Direct Accused is present, and the crime is not committed against him, the offender knows of his public authority, but this does not
(not applicable when crime is Assault prevent the offender from committing the act
committed in the presence of an
AGENT ONLY - barrio councilman,
barrio policeman, barangay
leader)

On account of his Rank or when there is a clear difference in the social

condition of the offender and the offended (only in crimes against Robbery with Homicide Treachery
persons or honor)

On account of the age of the offended party who is either of tender age,
Robbery with Homicide Parricide (mother)
or of old age

Offender acted with Passion or Obfuscation Rape

Crime be committed with insult or

in disregard of the respect due to
the offended party:
Adbuction

On account of the sex of the offended party who is a WOMAN

There exists a relationship between the offended party and the
offender

Seduction
 Where the offended party, who is the owner of the dwelling, did not give When the offended party, who is the owner of the
Where the robbery is committed by the use of force upon things in
the offender sufficient provocation immediately prior to the commission dwelling, gave the offender sufficient provocation
inhabited house
of the crime, in the dwelling itself immediately prior to the commission of the crime

Where the offended party was attacked in his own house even if the When the deceased was called down from his house
offender did not enter the dwelling and attacked outside of it

Crime be committed in the Where both the offender and offended parties dwell in
Where the offended party be attacked outside his dwelling, and the
dwelling of the offended party the same house, except adultery and concubinage
commission of the attack began in the dwelling
where the offender abused the cases
confidence of the former and the
violation of the sanctity of the Where the dwelling where the crime was committed
Abduction or Illegal Detention Trespass to dwelling
home did not belong to the offended party.
Robbery with violence against or intimidation of persons When the crime was committed not in a private place
Robbery with homicide of abode or residence

Crime was committed in the boarding house of bedspacer, in the

paternal home of the guests, temporary dwelling Treachery
Adultery and Concubinage cases between spouses
When the offended party trusted the offender, who abused such trust
Attempted rape where on the day of the crime, the parties are not
by committing the offense, and such offense was facilitated by the Malversation (Art 217)
together due to confidence with each other
abuse of confidence
Crime be committed with abuse
of confidence, which is real and Qualified Theft (Art 310)
personal
Betrayal of Confidence Killing of child by amah Estafa by Conversion or Misappropriation (Art 315)

Qualified Seduction (Art 337)

Crime be committed with obvious

Visitor commits robbery or theft in the house of his host
ungratefulness

Crime is committed in the palace

of the Chief Executive or in his Even if the activities held in Malacanang are State functions, and regardless if the President is not in Malacanang
presence
Crime is committed where public
authorities are engaged in the The public authorities have to be engaged in the performance of their functions
discharge of their duties

Crime is committed in a place

Even if the activities held in the church are not religious functions Interruption of Religious Worship committed with violence or threats (Art 132 par 2)
dedicated to religious worship

Crime is committed in the Crime began and was accomplished in the nighttime Violation of domicile committed in nighttime (Art 128 par 2) Treachery during nighttime or Treachery facilitated by
nighttime nighttime
Crime is committed in the DARKNESS of the night When crime begins at daytime

There was little to impossible chance of offended party to receive some

help
When the offenders did not seek the place either to
Crime is committed in an
The offenders must choose the place as an aid either to an easy and Robbery with violence against or intimidation of persons (Art 295) better attain their object without interference or to
uninhabited place
uninterrupted accomplishment of their criminal design, or to insure secure themselves against detection and punishment
concealment of the offense, that he might thereby be better secured
against detection and punishment
 Crimes against property Brigandage (Art 306)

When crime is committed by four or more armed malefactors who acted Crimes against persons Crimes against Chastity
Crime is committed by a band together and took part in the commission of an offense
Illegal detention Abuse of Superior Strength
Treason Use of Firearms
Robbery with Homicide Robbery with violence against or intimidation of persons (Art 295) Allegation of Treachery

Crime be committed on the

occasion of a conflagration,
MURDER The Offender took advantage of the calamity or misfortune, or chaotic condition
shipwreck, earthquake, epidemic,
or other calamity or misfortune

Where the armed men took part directly or indirectly to the offense and
the accused availed himself of their aid or relied upon them when the Treachery Both the attacked and attacker are armed equally
Crime be committed with the aid
crime was committed
of armed men or persons who
insure or afford impunity
When the accused and those who cooperated with him
Employment of a band, where there are more than three who is armed MURDER
acted in the same plan and purpose

The offender is on a trial for an offense, he was previously convicted by final judgment of another crime, wherein both the first and second offense The subsequent conviction is for an offense committed
The accused is a recidivist
are embraced in the same title of this Code and the offender is convicted of the new offense. before the offense involved in the prior conviction

Offender has been previously

punished for an offense to which
the law attaches an equal or
greater penalty of for two or
more crimes to which it attaches
a lighter penalty
The accused is on trial for an offense wherein he previously served sentence for another offense to which the law attaches an equal or greater penalty or for two or more crimes which the law attaches a
lighter penalty that that for the new offense in which he is convicted of the new offense.
Habitual Delinquency (EXTRAORDINARY AC) Quasi-recidivism (SPECIAL AC)

Affects equally both the offeror and acceptor

Cirme be committed in a
consideration of a price, reward MURDER
Inducement must be the primary consideration for the commission of the
or promise
crime

Arson (Art 320)

Crime be committed by means of
inundation, fire, poison,
explosion, stranding of a vessel Crime involving Destruction (Art 324)
Intent to kill the victim by any of these means, and the victim died as a
or intentional damage thereto, Arson with Homicide (Art 320 to 326)
consequence = MURDER
derailment of a locomotive, or by
the use of any other artifice
involving great waste and ruin Damage to means of communication, derailment of cars, collision or
accident must result from damage to railway, telegraph or telephone
lines (Art 330)

If it is proved that criminal had deliberately planned to kill the victim,

When the execution of the criminal act was preceded by cool thought
and reflection upon the resolution to carry out the criminal intent during
Crime is committed with evident the space of time sufficient to arrive at a calm judgment
premeditation
When there is no proof as to how and when the plan to kill was hatched
or what time elapsed before it was carried out
and had persistently and continuously followed it, notwithstanding that
he had ample time to allow his conscience to overcome the Robbery (especially if committed by various persons)
determination of his will, if he had so desired, after meditation and
reflection
Reward or Promise on the part of the Inducer When the crime was made in the heat of anger
 May be aggravating in Robbery with Homicide if the premeditation There is a plan to kill, not a specific target, but a random person who
Treason
included the killing of the victim may or may not get in the way of the execution

Where the killing of the victim was incidental during the

Error in personae Treason by killings
commission of the robbery

Crime was committed using the

Using intellectual tickery or cunning on the part of the accused Where craft partakes of an element of the offense
employment of craft
Accused with murder in their hearts pretended to be friends with the
Insidious words or machinations used to induce the victim to act in a
Employment of fraud victim only to lulre him and kill him after
manner which would enable the offender to carry out his design Treachery, except when craft employed in robbery with
Resorting to any device to conceal his identity and the victim did not homicide to facilitate the robbery scheme
Employment of disguise
recognize the offenders
Defendants acted with abuse of superior strength, for whereas they One who attacks the other with passion and
When a man attacks a woman with a weapon
were weilding bolos while their victim was unarmed and tried to flee obfuscation

When there is a notorious inequality of forces between the victims and

Treason Treason by killing
the aggressor, which he took advantage in the commission of the crime

Weapon used is out of proportion to the defense available to the Quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against
offended party each other
Advantage be taken of superior
When two persons with a revolver simultaneously attacked a defenseless
strength or that means be Parricide against wife
person
employed to weaken the defense When the attack was made on the victim alternately,
Coercion and Forcible Abduction, when greatly in excess of that required one after the other
When the offenders did not take advantage of their superior strength
to commit the offense

Means be employed or
circumstances brought about
which add ignominy to the
natural effects of the act or to
make the effects of the crime
more humiliating or to put the
offended party to shame
Illegal detention (Art 267 and 268) Allegation of Treachery When one acted a principal and the others as
Robbery with Rape or Multiple Rape accomplices
No evidence that accused is physically stronger and that he abused
Robbery with Homicide committed by more than one man
such superiority Treachery = MURDER
Robbery with homicide committed by a band
Crimes against Chastity
Crimes of less serious physical injuries (Art 265 par 2)
Light or Grave coercion (Art 287 par 2 or Art 286, respectively) When the ignominious acts are done when the victim is
MURDER
Murder already dead
Rape with ignominy
Rape in Robbery with Homicide

Act of entering through a window Robbery with force upon things (Art 299 par a)
Crime be committed after an Robbery with violence against or intimidation of persons Article 302 of the RPC
unlawful entry
Theft Trespass to Dwelling (Art 280)

Cutting of a canvas of the tent Robbery with force upon things (Art 299 par a)
A wall, roof, door, or window be
When the offender broke the wall, roof, door, or
broken as a means to the
Offender resorted to any of said means to enter the house Article 302 of the RPC window to get out of the place
commission of a crime
The crime be committed with the
Frequent practice resorted to by professional criminals to avail
aid of persons under 15 years of Crimes committed by means of deceit or abuse of confidence = CANNOT APPLY
themselves of minors taking advantage of their irresponsibility
age
The crime be committed by
means of motor vehicles, airships, Usage of the motor vehicles in going to the place of the crime, in carrying away the effects thereof, and in facilitating their escape Incidental to the commission of the crime
or other similar means which was
purposely sought for to facilitate Forcible Abduction (Art 342) Crimes committed by merely taking personal property which need not be carried away = CANNOT APPLY
the crime
The wrong done in the
commission of the crime be
When culprit deliberately intended to cause the victim unnecessary
deliberately augmented by MURDER When the victim is already dead
physical pain in the consummation of the criminal act
causing other wrong not
necessary for its commission
Crimes against persons, employing means, methods or forms in the
Considered when maastermind is a conspirator, regardless of non- execution thereof which tend directly and specially to insure its
Treason by Killings
physical appearance in the execution of the crime execution without risk to himself arising from the defense which the
offended party might make
The offenders employed a mode of execution which ensured the killing
Victim was not alone, attack happened frontally, attack
without any risk to them arising from any defense the offended party Murder by poisoning
happened in daylight
might make
The act be committed with When aggression is continuous, treachery must be present at the
Treachery Treason Conspiracy
beginning ot the assault
When the initial assault on the victim was not made in a sudden and
Killing of a child by and adult person =MURDER The decision to kill was sudden
unexpected manner for the victim
Age and Sex Shooting was preceded by a heated discussion
When the assault was not continuous, when there was an interruption, it
is sufficient that treachery was present at the moment the fatal blow was Cannot coexist with passion or obfuscation
Meeting between the accused and victim was casual and attack was
given impulsively done The offenders did not hide their intentions of harming
the offended party