Chapter Four  Qualifying – change the nature and gives the name

exclusive of the crime. It must be alleged, otherwise

CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL will be treated only as generic aggravating
LIABILITY circumstance. It cannot be offset by a mitigating
ARTICLE 14. Aggravating circumstances. — The following are
circumstance (Alevosia or evident premeditation to
aggravating circumstances: qualify killing of a person to murder)
 Inherent – necessarily accompanies the commission
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public of the crime; it is an element of the crime committed
authorities. (evident premeditation is inherent in robbery, theft,
3. That the act be committed with insult or in disregard of the respect due
the offended party on account of his rank, age, or sex, or that is be estafa, adultery, concubinage)
committed in the dwelling of the offended party, if the latter has not given
provocation. Generic Specific Qualifying
4. That the act be committed with abuse of confidence or obvious 1. X
ungratefulness. 2. X
5. That the crime be committed in the palace of the Chief Executive or in 3. X X
his presence, or where public authorities are engaged in the discharge of (Dwelling only) (Except Dwelling)
their duties, or in a place dedicated to religious worship. 4. X
6. That the crime be committed in the night time, or in an uninhabited 5. X
place, or by a band, whenever such circumstances may facilitate the 6. X
commission of the offense. 7. X
Whenever more than three armed malefactors shall have acted together 8. X
in the commission of an offense, it shall be deemed to have been 9. X
committed by a band. 10. X
7. That the crime be committed on the occasion of a conflagration,
11. X
shipwreck, earthquake, epidemic or other calamity or misfortune.
12. X
8. That the crime be committed with the aid of armed men or persons
who insure or afford impunity. 13. X
9. That the accused is a recidivist. 14. X
A recidivist is one who, at the time of his trial for one crime, shall have 15. X X
been previously convicted by final judgment of another crime embraced in 16. X X
the same title of this Code. 17. X
10. That the offender has been previously punished by an offense to 18. X
which the law attaches an equal or greater penalty or for two or more 19. X
crimes to which it attaches a lighter penalty. 20. X X
11. That the crime be committed in consideration of a price, reward, or (Except motor vehicles)
promise. 21. X X
12. That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or international damage thereto,
derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.
The aggravating circumstances must be established with
13. That the act be committed with evidence premeditation. moral certainty, with the same degree of proof required
14. That the craft, fraud or disguise be employed.
to establish the crime itself.
15. That advantage be taken of superior strength, or means be employed
to weaken the defense.
16. That the act be committed with treachery (alevosia). Most important of the classification of aggravating
There is treachery when the offender commits any of the crimes against circumstances are the qualifying and the generic
the person, employing means, methods, or forms in the execution thereof
which tend directly and specially to insure its execution, without risk to aggravating circumstances.
himself arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which add In practice, the so-called generic aggravating
ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. circumstances are referred to simply as aggravating
There is an unlawful entry when an entrance of a crime a wall, roof, floor, circumstances. The so-called qualifying aggravating
door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen circumstances are simply referred to as qualifying
years of age or by means of motor vehicles, motorized watercraft, circumstances.
airships, or other similar means. (As amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissions. GENERIC QUALIFYING
A. Definition – Those circumstance which raise the AGGRAVATING AGGRAVATING
penalty for a crime without exceeding the maximum CIRCUMSTANCE CIRCUMSTANCE
The circumstance can be offset The circumstance affects the
applicable to that crime. by an ordinary mitigating nature of the crime itself such that
circumstance the offender shall be liable for a
more serious crime. The
B. Basis: The greater perversity of the offense as shown circumstance is actually an
by: ingredient of the crime;
No need to allege this Being an ingredient of the crime,
 the motivating power behind the act circumstance in the information, it cannot be offset by any
 the place where the act was committed as long as it is proven during trial. mitigating circumstance;
If it is proved during trial, the court
 the means and ways used would consider the same in
 the time imposing the penalty;
It is not an ingredient of a crime. It Qualifying circumstances to be
 the personal circumstance of the offender only affects the penalty to be appreciated as such must be
 the personal circumstance of the victim imposed but the crime remains specifically alleged in the
the same complaint or information. If not
alleged but proven during the
C. KINDS trial, it will be considered only as
generic aggravating
 Generic – that apply to all crimes. It increases the circumstance. If this happens,
penalty up to maximum period prescribed in the they are susceptible of being
crime. It may be offset by mitigating circumstance offset by a mitigating
circumstance
(Dwelling, nighttime, recidivism) Pursuant to the 2000Revised Rules of Criminal
 Specific – apply only to specific crimes (ignominy – Procedure, every Complaint or Information must state
for chastity crimes; treachery – for persons crimes)
not only the qualifying but also the aggravating
circumstances
- If not alleged, they may still be considered in the
award of damages
(1) That advantage be taken by the offender of his public
position.
Basis: greater perversity of the offender, as shown by
the personal circumstance of the offender and also by
the means used to secure the commission of the crime
Requisite:
a. The offender is a public officer
b. The commission of the crime would not have been
possible without the powers, resources and influence of
the office he holds.
“public officer”
- A public officer is any person who, by
(1)direct provision of the law,
(2)popular election or
(3)appointment by competent authority shall take
part in the performance of public functions in the
Government of the Philippine Islands or shall
perform in said Government or in any of its
branches, public duties as an employee, agent
or subordinate official of any rank or class.
“advantage be taken by the offender of his public
position”
- Applies only when the person committing the
crime is a public officer who takes advantage of
his public position
- Public officer must use the influence, prestige or
ascendancy which his office gives him as the
means by which he realizes his purpose (US v.
Rodriguez, 19 Phil. 150, 156-157)
Discussion:
o There must be proof that the accused took advantage
of his public positon
o If the accused could have perpetrated the crime
without occupying his position, then there is no abuse
of public position. (People v. Sumaoy, G.R. No.
105961, October 22, 1996)
o Wearing uniform is immaterial in certain cases
o Failure in official duties is tantamount to abusing of
office
o NOT AGGRAVATING when it is an integral element
of, or inherent in the offense (malversation under
Article 217, falsification of document under Article
171)
(2) That the crime be committed in contempt of or which
insult to the public authorities
Requisites:
a. That the public authority is engaged in the exercise
of his functions
b. That he who is thus engaged in the exercise of said
function is not the person against whom the crime is
committed
c. The offender knows him to be a public authority
d. His presence has not prevented the offender from
committing the criminal act
“public authority”
- Also called person in authority
- A public officer who is directly vested with
jurisdiction, that is, a public officer who has the
power to govern and execute the laws
- Governor,Mayor , Barangay captain, Councilors,
Government agents, Chief of Police
Discussion
o Not applicable when crime is committed in the
presence of an agent only (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, such as
barrio councilman, barrio policeman and barangay
leader, and any person who comes to the aid of
persons in authority)
o The crime should not be committed against the
public authority (if yes then=direct assault), Article
148)
o Knowledge that a public authority is present is
essential
o When the presence of public authority, made
known to the offender, has not prevented the latter
from committing the criminal act
(3) That the act be committed with insult or in disregard
of the respect due the offender party on account of
his rank, age, or sex, or that it be committed in the
dwelling of the offended party, if the latter has not
given provocation.
Basis: greater perversity of the offender, as shown by
the personal circumstances of the offended party and
the place of the commission of the crime
Requisite of disregard to rank, age, or sex:
a. Crimes must be against the victim’s person or his
honor
b. There is deliberate intent to offend or insult the
respect due to the victim’s rank, age, or sex
Discussion
o Four circumstances are enumerated in this
paragraph, which can be considered single, or
together. If ALL the four circumstances were
present, they have the weight of one aggravating
circumstance only
o Applicable only to crimes against persons or honor
o “with insult or in disregard”- it is necessary to prove
the specific fact or circumstance, other than that the
victim is a woman, in order that it may be
considered as an aggravating circumstance, there
must be evidence that in the commission of the
crime, the accused deliberately intended to offense
or insult the sex or age of the offended party
 of the rank of the offended party
Rank-refers to a high social position or
standing as a grade in the armed forces; or
to a graded official standing or social
position or station; or to the order or place
 in which said officers are placed in the army
and navy in relation to others; or to the
designation or title of distinction conferred
upon an officer in order to fix his relative
position in reference to other officers in
matters of privilege….
- There must be a difference in the social
condition of the offender and the
offended party
- Proof of fact of disregard and deliberate
intent to insult required
 Of the age of the offended party
- The circumstance of old age cannot be
considered aggravating in the absence
of evidence that the accused deliberately
intended to offend or insult the age of
the victim (People v. Diaz, L-24002,
January 21, 1974, 55 SCRA 178, 187)
- the circumstance of lack of respect due
to age applies in case where the victim
is of tender age as well as of old age
(age of the offended party)
 of the sex of the offended party
- refers to the female sex, not to the male
sex
- when the offender acted with passion
and obfuscation
- when there exists a relationship between
the offended party and the offender
- when the condition of being a woman is
indispensable in the commission of the
crime (parricide, rape, abduction,
seduction)
Elements of the aggravating circumstance of dwelling:
a. Crime occurred in the dwelling of the victim
b. No provocation on the part of the victim
Requisites for Provocation: ALL MUST CONCUR
a. given by the owner of the dwelling
b. sufficient
c. immediate to the commission of the crime
If all these conditions are present, the offended party is
deemed to have given provocation, and the fact that the
crime is committed in the dwelling of the offended party
is not an aggravating circumstance
Basis:
Greater perversity of the offender as shown by the place
of the commission of the offense
Discussion:
o Dwelling-must be a building or structure, exclusively
used for rest and comfort
o Considered as an aggravating circumstance
primarily because of the sanctity of privacy the law
accords to human abode
o One’s dwelling place is a sanctuary worthy of
respect, and that one who slanders another in the
latter’s house is more guilty that he who offends him
elsewhere
o Dwelling includes the dependencies, the staircase
and the enclosures therein
o What aggravates the commission of the crime in
one’s dwelling:
1. The abuse of confidence which the offended
party reposed in the offender by opening the
door to him
2. The violation of the sanctity of the home by
trespassing therein with violence or against the
will of the owner
o Evidence must show clearly that the defendant
entered the house of the deceased to attack him
o Offended party must not give provocation, when it is
the offended party who has provoked the incident,
he loses his right to respect and consideration due
him in his own house
o Even if the offender did not enter the dwelling, this
aggravating circumstance applies
o It is not necessary that the accused should have
actually entered the dwelling of the victim to commit
o It is enough that the victim was attacked his inside
his own house, although the assailant may have
devised means to perpetrate the assault from
without
o Even if the killing took place outside the dwelling, it
is aggravating provided that the commission of the
crime began the dwelling
o It is aggravating in abduction or illegal detention
where the victim was taken from her or his house
and carried away to another place
o Dwelling need not be owned by the offended party.
It is enough that he used the place for his peace of
mind, rest, comfort and privacy.
o Not included in treachery
o DWELLING IS NOT AGGRAVATING in the ff.
cases:
- When both offender and offended party are
occupants of the same house, and this is true
even if the offender is a servant on the house
- When the robbery is committed by the use of
force upon things (as it is inherent)
- In the crime of trespass to dwelling (it is
inherent)
- When the owner of the dwelling gave
sufficient and immediate provocation
- When the dwelling where the crime was
committed did not belong to the offended
party
- In adultery, when paramour also lives there
o DWELLING WAS FOUND AGGRAVATING in
the following cases although the crimes were
committed not in the dwelling of the victims
- Victim was raped in the boarding house
where she was a bedspacer
- Victims were raped in their paternal home
where they were guests at the time and did
not reside there (in People v Ramolete, No.
L-28108, March 27, 1974, 56 SCRA 66, 81,
dwelling was not considered aggravating
because the victim was a mere visitor in the
house where he was killed)
- Victim was killed in the house of her aunt
where she was living with her niece (dwelling
may mean temporary dwelling)
 - Victims, while sleeping as guests in the
house of another person, were shot to death
in the house
- When the husband killed his estranged wife
in the house solely occupied by her, other
than the conjugal home
- When adultery is committed in the dwelling of
the husband, even if it is also the dwelling of
the unfaithful wife
(4) That the act be committed with abuse of confidence,
or obvious ungratefulness.
Basis: greater perversity of the offender, as shown by
means and ways employed
Requisites of Abuse of Confidence:
a) Offended party has trusted the offender
b) Offender abused such trust
c) Abuse of confidence facilitated the commission of the
crime
Discussion (Abuse of confidence)
o Exists only when the offended party has trusted the
offender who later abuses such trust by committing
the crime
o Must be means of facilitating the commission of the
crime
o Culprit took advantage of the offended party’s belief
that the former would not abuse said confidence
o There must be a special relation of confidence
between the accused and the victim
o The confidence between the offender and the
offended party must be immediate and personal
o Inherent in malversation (Art. 217), qualified theft
(Art. 310), estafa by conversion or misappropriation
9Art. 315), and qualified seduction (Art. 357)
Requisites of Obvious Ungratefulness:
a) That the offended party had trusted the offender;
b) That the offender abuse such trust by committing a
crime against the offended party;
c)That the act be committed with obvious ungratefulness
Discussion (Obvious Ungratefulness)
o Ungratefulness must be obvious (manifest and
clear)
o robbery or theft committed by a visitor in the house
of the offended party is aggravated by obvious
ungratefulness
(5) That the crime be committed in the place of the Chief
Executive, or in his presence, or where the public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship
Basis: greater perversity of the offender, as shown by
the place of the commission of the crime which must be
respected
Requirements of the aggravating circumstance of public
office:
a. The crime occurred in the public office
b. Public authorities are actually performing their public
duties
Requisites for aggravating circumstances for place of
worship:
a. The crime occurred in a place dedicated to the
worship of God regardless of religion
b. Offender must have decided to commit the crime
when he entered the place of worship
Discussion:
o Public authorities are in the performance with their
duties (similar with par. 2)
o Public authorities must be in their office
o Public authority may be the offended party
o Nature of public office should be taken into account,
like a police station which is on duty 24 hrs. a day
o if it was committed in Malacañang palace or a
church it is aggravating, regardless of whether State
or official; functions are being held.
o The Chief Executive need not be in Malacanang
Palace, his presence alone in any place where the
crime is committed is enough to constitute the
aggravating circumstance
o Other public authorities must be actually engaged in
the performance of duty
o An electoral precinct during election day is a place
where public authorities are engaged in the
discharge of their duties
o In places dedicated to religious worship-church and
any offense committed thereat even if no ceremony
is taking place, is aggravated by this circumstance
o Offender must have intention to commit a crime
when he entered the place
(6) That the crime be committed in the nighttime, or in an
uninhabited place, or by a band, whenever such
circumstance may facilitate the commission of the
offense
Basis:on the time and place of the commission of the
crime and means and ways employed
Discussion:
o When their elements are distinctly perceived and
can subsist independently, revealing a greater
degree of perversity (nighttime, uninhabited place,
by a band can be considered separately)
o When aggravating?
a. When it facilitated the commission of the
crime; or
b. When especially sought for by the offender
to insure the commission of the crime or for
the purpose of impunity
c. When the offender took advantage thereof
for the purpose of impunity
o “especialy sought for”, “for the purpose of impunity”
and “took advantage thereof”-in order to realize the
crime with more ease, to prevent his (accised’s)
being recognized, or to secure himself against
detection and punishment
I. Nighttime
- where it is self-evident that it was sought to
facilitate the commission of the offense when all
the members of the house were asleep
- Although not specifically sought for by the
culprit shall aggravate his criminal liability if it
facilitated the commission of the offense or the
 offender took advantage of the same to commit
the crime
- should be understood, according to Viada, that
period of darkness beginning at end of dusk and
ending of dawn
- from sunset to sunrise
- become aggravating when it is especially
sought by the offender, or taken advantage of by
him to facilitate the commission of the crime
-commission of the crime must begin and be
accomplished in the nighttime
- when the place of the crime is illuminated by
light, nighttime is not aggravating
-absorbed by Treachery
-information must allege that nighttime was
sought for or taken advantage of by the accused
or that it facilitated the commission of the crime
-NOT AGGRAVATING when crime began at
daytime
-commission of the crime must begin and be
accomplished in the nighttime
-lighting of matchstick or use of flashlights does
not negate the aggravating circumstance of
nighttime
- Even if there was darkness but the nighttime
was only an incident of a chance meeting, there
is no aggravating circumstance here
Elements; The following are the elements of
Nighttime;
1. The darkness or silence of the night was
especially sought by the offender;
2. That night time was taken advantage of by the
offender to facilitate the commission of the
crime;
3. The purpose is to insure his immunity from
capture
II. Uninhabited place
- one where there no houses at all
- place at a considerable distance from town, or
where the houses are scattered at a great
distance from each other
-should not be considered when the place
where the crime was committed could be seen
and the voice of the deceased could be heard
from a nearby house
- determined by whether or not in the place of
the commission of the offense there was a
reasonable possibility if the victim receiving
some help
- to an easy and uninterrupted accomplishment
of their criminal designs and to insure
concealment of the offense
Requisites:
a. The place facilitated the commission or
omission of the crime
b. Deliberately sought and not incidental to the
commission or omission of the crime
c. Taken advantage of for the purpose of
impunity
III.Band
- whenever more than three armed malefactors
shall have acted together in the commission of
an offense, it shall be deemed to have been
committed by a band
-all must be principals by direct participation
- if one of the four armed persons is a principal
by inducement, they do not form a band
- all the armed men, at least four in number,
must take direct part in the execution of the act
constituting the crime
- aggravating in crimes against property or
against persons or in the crime of illegal
detention or treason
- Not applicable to crimes against chastity
abuse of superior strength and use of firearms,
absorbed
- inherent in brigandage
- Aggravating in robbery with homicide
-if the meeting is casual, the homicide committed
by the killers comprising a band is not
aggravated.
- Arms is not limited to firearms, sticks and
stones included
Requisites:
a. Facilitated the commission of the crime
b. Deliberately sought
c. Taken advantage of for the purposes of
impunity
d. There must be four or more armed me
(7) That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune
Basis: reference to the commission of the crime
Reason: found in the debased form of criminality met in
one who, in the midst of a great calamity, instead of
lending aid to the afflicted, adds to their suffering by
taking advantage of their misfortune to despoil them
Requisites:
a. Committed when there is a calamity or misfortune 1.
Conflagration 2. Shipwreck 3. Epidemic
b. Offender took advantage of the state of confusion or
chaotic condition from such misfortune
Discussion
o Offender must take advantage of the calamity or
misfortune
o Crime is committed DURING any of the calamities
(8) That the crime be committed with the aid of armed
men, or persons who insure of afford impunity
Basis: means and ways of committing the crime
Requisites:
a. That armed men or persons took part in the
commission of the crime, directly or indirectly
b. That the accused availed himself of their aid or relied
upon them when the crime was committed
Discussion
o If the accused relied on the presence of armed
men, availing himself of the aid of the latter, his
liability is aggravated
o Casual presence of armend men near the place
where the crime was committed DOES NOT
CONSTITUTE an aggravating circumstance
o Exception:shall not be considered/ is not present
- when both the attacking party and the party
attacked were equally armed
- when the accused as well as those cooperated
with him in the commission of the crime acted under
the same plan and for the same purpose
- Casual presence, or when the offender did not
avail himself of any of their aid nor did not
knowingly count upon their assistance in the
commission of the crime
o If there are four armed men, aid of armed men is
absorbed in employment of a band
o Aid of armed men= armed women
BY A BAND AID OF ARMED MEN
Requires more than 3 Present even if one of
armed malefactors who the offenders merely
all acted together in the relied on their aid. Actual
commission of an aid is not necessary
offense
Must have acted The armed men may
together in the actual have direct or indirect
commission of the participation. They are
crime; (conspiracy) mere accomplices of the
offender.
(9) That the accused is a recidivist
Basis: shown by his inclination to crimes
Requisites:
a. That the offender is on trial for an offense
b. That he was previously convicted by final judgment of
another crime
c. That both the first and the second offenses are
embraced in the same title of the Code
d. That the offender is convicted of the new offense
Discussion:
o A recidivist is one who, at the time of his trial for one
crime shall have been previously convicted by final
judgment of another crime embraced in the same
title of the RPC
o At the time of the trial, and not the time of the
commission of the crime (include everything that is
done in the course of the trial, from arraignment
until after sentence is announced by the judge in
open court)
o No recidivism if the subsequent conviction s for an
offense committed before the offense involved in
the prior conviction
o A judgment in a criminal case becomes final
a. after the lapse of the period for perfecting an
appeal (an appeal must be taken within 15 days
from promulgation or notice of the judgment or
order appealed from)
b. when the sentence has been partially or totally
satisfied or served
c. the accused has waived in writing his right to
appeal
d. accused has applied for probation
o Present crime and the previous crime must be
embraced in the same title of this code
o Must be taken into account no matter how many
years have intervened between the first and second
felonies
o Pardon does not obliterate the fact that the accused
was a recidivist; but amnesty extinguished the
penalty and its effects
(10) That the offender has been previously punished for
an offense to which the law attaches an equal or
greater penalty or for two or kore crimes to which it
attaches a lighter penalty
Basis: as shown by his inclination to crimes\
Requisites:
a. That the accused is on trial for an offense;
b. That he previously served sentence for another
offense to which the law attaches an equal or greater
penalty, or for two or more crimes to which it attaches
lighter penalty than that for the new offense; and
c. That he is convicted of the new offense.
Discussion
o In reiteracion, it is essential that the offender be
previously punished, that is, he has served
sentence
o Speaks of penalty attached to the offense, which
may have several perios
RECIDIVISM REITERACION
Requires conviction by Requires service of
final judgment; sentence;
Crimes must be May be felonies or
felonies; offenses punishable by
special law;
Offenses are under the Offenses may or may
same title of the RPC; not be in the same title
of the RPC;
Four Forms or repetition
1. Recidivism
2. Reiteracion Or habituality
3. Multi-recidivism or habitual delinquency
4. Quasi-recidivism
Habitual delinquency (art. 62)
- when a person within a period of ten years from
the date of his release or last conviction of the
crimes or serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty
of any said crimes a third time or oftener
- Either recidivist or one who has been previously
punished for two or more offenses (habituality)
-he shall suffer an additional penalty for being a
habitual delinquent
Quasi-recidivism (art. 160)
- any person who shall commit a felony after having
been convicted by final judgment, before beginning
to serve such sentence, or while serving the same,
shall be punished by the maximum period of the
penalty prescribed by law for the new felony.
(11) That the crime be committed in consideration of a
price, reward or promise
Basis: as shown by the motivating power itself
Requisites:
a. At least 2 principals 1. The principal by inducement 2.
The principal by direct participation
b. the price, reward, or promise should be previous to
and in consideration of the commission of the
criminal act ( Applicable to both principals.)
Discussion:
o Presupposes the concurrence of two or more
offenders
o There must be two or more principals (principal by
direct participation and by inducement)
o Price, reward or promise must be for the purpose of
inducing another to perform the deed
o If w/o previous promise, it was given voluntarily
after the crime hd been committed as an expression
of appreciation, it should not be taken into
consideration
o To be considered against the principal by
inducement, it is necessary that the price, reward or
promise must be the prime reason for the principal
by direct participation committed the crime.
o That without the price, reward or promise, the
principal by direct participation would not have
committed the crime.
o the price, reward or promise must be the primary
reason or the primordial motive for the commission
of the crime.
(12) That the crime committed by means of inundation,
fire, poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin
Basis: means and ways employed
Requisite:
a. The wasteful means were used by the offender to
accomplish a criminal purpose
Discussion
o When used as means to kill another person, the
crime is murder (qualifying)
o “by means of fire” use if fire should be purposely
adopted as a means to that end
o “by means of explosion”
o “by means of derailment locomotive
o Fire is not aggravating in the crime of arson. *
o Whenever a killing is done with the use of fire, as
when to kill someone, you burn down his house
while the latter is inside, this is murder.
o There is no such crime as murder with arson or
arson with homicide. The crime committed is only
murder.
o If the victim is already dead and the house is
burned, the crime is arson. It is either arson or
murder.
o If the intent is to destroy property, the crime is
arson even if someone dies as a consequence. If
the intent is to kill, there is murder even if the house
is burned in the process.
(13) That the act be committed with evident
premeditation
Basis: ways of committing the crime, because evident
premeditation implies a deliberate planning of the act
before executing it
Requisites, the prosecution must prove:
1. 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
consequence of his act and to allow conscience to
overcome the resolution of his will.
Discussion
o Essence of premeditation- that the execution 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 judgment
o May not be appreciated absent any prrof as to
how and when the plan to kill was hatched or what
time elapsed before it was carried out
o There must be evidence showing that the accused
meditated and reflected on his intention between
the time when the crime was conceived by him and
the time it was actually perpetrated
o The premeditation must be evident and not merely
suspected
o Mere threats without the second element does not
show evident premeditation
o Conspiracy generally presupposes premeditation
o Can co-exist with price or reward
o When victim is different from that intended,
premeditation is not aggravating
o Not necessary that there is a plan to kill a particular
person
o Inherent in robbery, may be aggravating in robbery
with homicide if the premeditation included the
killing of the victim
o The premeditation must be based upon external
facts, and must be evident, not merely suspected
indicating deliberate planning
(14) That craft, fraud, or disguise be employed
Basis: means employed in the commission of the crime
Requisite:
a. The offender must have actually taken advantage of
craft, fraud, or disguise to facilitate the commission of the
crime.
Discussion
o Characterized by the intellectual or mental rather
than physical means to which the criminal resorts to
carry out his design
o Inherent in estafa and falsification
I. Craft
  Involves intellectual trickery and cunning on
the part of the accused
II. Fraud
 Insidious words or machinations used to
induce the victim to act in a manner which
would enable the offender to carry out his
design
 as distinguished from craft which involves
acts done in order not to arouse the
suspicion of the victim, fraud involves a
direct inducement through entrapping or
beguiling language or machinations
III. Disguise
 Resorting to any device to conceal identity
 Purpose of the offender in using any device
must be to conceal his identity
 accused must be able to hide his identity
during the initial stage, if not all through out,
the commission of the crime and his identity
must have been discovered only later on, to
consider this aggravating circumstance
(15) That advantage be taken of superior strength, or
means be employed to weaken the defense
Requisites for abuse of superior strength are the
following;
1. That there be a notorious inequality of forces between
the offender and the offended party in terms of their age,
size and strength;
2. That the offender took advantage of this inequality of
forces to facilitate the commission of the crime
Inequality of forces : includes the following;
1. Offender uses weapon to take advantage;
2. Numerical Superiority;
3. Difference in physical characteristics such as age
strength and size.
Discussion
o “advantage”- to use purposely excessive force out
of proportion to he means of defense available to
the person attacked
o There is no advantage in:
 One who attacks another with passion and
obfuscation
 When a quarrel arose unexpectedly and the
fatal blow was stuck at a time when the
aggressor and his victim were engaged
against each other as man to man
 Attack was made on the victim alternatively
o An attack made by a man with adeasly weapon
upon an unarmed and defenseless woman
constitutes the circumstance of abuse
o NO ABUSE of superior strength in parricide against
the wife
o Evidence of relative physical strength is necessary
o Number of aggressors, if armed, may point to abuse
of superior strength
o There is abuse of superior strength when weapon
used is out of proportion to the defense available to
the offended party
o Superior strength is absorbed in treachery
o Means employed to weaken the defense
o Intoxicating the victim to weaken defense
o Superiority may arise from aggressor’s sex, weapon
or number as compared to that of the victim (e.g.
accused attacked an unarmed girl with a knife; 3
men stabbed to death the female victim).
o Only applicable to crimes against persons
(16) That the act be committed with treachery (alevosia)
Basis: means and ways employed in the commission of
the crime
Requisites:
a. that at the time of the attack, the victim was not in the
position to defend himself
b. that the offender consciously adopted the particular
means, method or form of attack employed by him
Discussion
o There is treachery 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
o It means that the offended party was not given
opportunity to make a defense
o Applicable only to crimes against the person
o generally characterized by the deliberate and
sudden and unexpected attack of the victim from
behind, without any warning and without giving the
victim an opportunity to defend himself
o Means, methods or forms need not insure the
accomplishment of crime
o Mode of attack must be consciously adopted
o Cannot be presumed
o But treachery may exist even if attack is face-to-
face – as long as victim was not given any chance
to prepare defense
o It makes no difference whether or not the victim was
the same person whom the accused intended to kill
o If the offended party was able to put up a defense,
even only a token one, there is no treachery
anymore
o does not exist if the accused gave the deceased
chance to prepare or there was warning given or
that it was preceded by a heated argument
o there is always treachery in the killing of child
o Summary of the rules:
 When the aggression is continuous,
treachery must be present at the beginning
of the assault
 When the assault was not continuous, in
that there was an interruption , it is
sufficient that treachery was present at the
moment the fatal blow was given
(17) That means be employed or circumstances brought
about which add ignominy to the natural effects of
the act
Basis: means employed
Requisites:
a. Crime must be against chastity, less serious physical
injuries, light or grave coercion, and murder
b. The circumstance made the crime more humiliating
and shameful for the victim
Discussion
o Ignominy is a circumstance pertaining to the moral
order, which adds disgrace and obloquy to the
material injury caused by the crime
o Applicable to crimes against chastity, less serious
physical injuries, light or grave coercion, and
murder
o The means employed or the circumstances brought
about must tend to make the effects if the crime
more humiliating or to put the offended oarty to
shame
o NO INGNOMINY when a man is killed in the
presence of his wife
o Rape as ignominy in robbery with homicide
o Ignominy not present where the victim was already
dead when such acts were committed against his
body or perso
(18) That the crime be committed after an unlawful entry
Basis: means and wasy employed to commit the crime
Discussion
o There is an unlawful entry when an entrance is
effected by a way not intended for the purpose
o To effect entrance and not for escape
o Act of entering through the window, which is not the
proper place for entrance into the house
o Not aggravating in trespass to dwelling
o Inherent in: Trespass to dwelling, and robbery with
force upon things.
o Why aggravating? One who acts, not respecting the
walls erected by men to guard their property and
provide for their personal safety, shows greater
perversity, a greater audacity and hence the law
punishes him with more severity
(19) That as a means to the commission of a crime, a
wall, roof, floor, door, or window be broken
Basis: means and ways employed to commit the crime
Discussion
o Breaking the wall, roof, floor, door, or window must
be utilized as means to the commission of any
crime
o To effect entrance only
o Breaking is lawful in the following instances:
a. an officer in order to make an arrest may break
open a door or window of any building in which the
person to be arrested is or is reasonably believed to
be;
b. an officer if refused admittance may break open
any door or window to execute the search warrant
or liberate himself,
(20) That the crime be committed with the aid of persons
under fifteen tears of age, or by means of motor
vehicles, airships, or other similar means
Basis: means and ways employed to commit the crime
Discussion
o With the aid of persons under fifteen years of age:
 To repress, so far as possible, the frequent
practice resorted to by professional
criminals to avail themselves of minors
taking advantage of their irresponsibility
o Means of motor vehicles, airships, or other similar
means
 To counteract the facilities found by modern
criminals in said means to commit crime
and flee and abscond once the same is
committed
 Where the accused used the motor vehicle
in going to the place of the crime in carrying
away the effects thereof, and in facilitating
their escape
 “or other similar means”- motorized vehicles
or other efficient means of transportation
similar to automobile or airplane
 The motor vehicle must have been sought
by the offender to facilitate the commission
of the crime.
(21) That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong
not necessary for its commission
Basis: ways employed in committing the crime
Requisites:
a. That the injury caused be deliberately increased by
causing other wrong
b. That the other wrong be unnecessary for the
execution of the purpose of the offender
Discussion
o There is cruelty when the culprit enjoys and delights
in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the
consummation of the criminal act (People v. Dayug,
49 Phil 423. 427)
o It is essential that the wrong done was intended to
prolong the suffering of the victim, causing him
unnecessary moral and physical pain
o Refers to physical suffering of victim purposely
intended by offender
o Cannot be presumed
o Plurality of wounds alone does not show cruelty
o No cruelty when other wrong was done after the
victim was dead
o Refers to physical suffering (ignominy involves
moral suffering)