CIRCUMSTANCES

AFFECTING
CRIMINAL LIABILITY
ART. 14 – AGGRAVATING
CIRCUMSTANCES
Article 14 – Aggravating Circumstances
Aggravating or qualifying circumstances must be alleged in the Information,
otherwise, can’t be considered by court for purpose of increasing penalty

Kinds -

▪ Generic – increases penalty to maximum period, found in Art. 14, may be

offset by mitigating circumstance

▪ Qualifying – changes nature and designation of offense, cannot be offset

by mitigating circumstance
Article 14 – Aggravating Circumstances
▪ Special – applies to particular felony only, cannot be offset by mitigating
circumstance

▪ Inherent – element of felony, no longer considered in increasing penalty

Note Art. 62 par. 1 – Aggravating circumstances which in themselves

constitute a crime specially punishable by law, or included by law in
defining a crime and prescribing penalty shall not be taken into account
for purpose of increasing penalty
Article 14 – Aggravating Circumstances

Art. 62 par. 1

Example – taking advantage of public position in relation to Malversation

(Art. 217) or Arbitrary Detention (Art. 124); using of fire in Arson; disrespect
to Dwelling in Violation of Domicile (Art. 128) or Trespass to
Dwelling (Art. 280)
Par. 1 – Advantage be taken by offender of his public
position

Note Art. 62, par. 1(a) – taking advantage of public position a Special
Aggravating Circumstance, the maximum penalty shall be imposed
“regardless of mitigating circumstances”

Offender must deliberately take advantage or use the influence or ascendancy

of his office to realize his criminal purpose

Note Art. 203 on who are considered public officers

Par. 2 – Contempt or insult to public authorities

Requisites -

▪ Public authority is engaged in discharge of his duty

▪ Offender commits crime in his presence
▪ Offender knows him to be a public authority

If crime is committed against public authority himself, offender may be liable

for Direct Assault (Art. 148)

“Public authority” covers persons in authority (Art. 152), not agents of persons
in authority
Par. 3 – Act committed with insult or in disregard of
offended party’s rank, age, sex, or committed in
dwelling of offended party

Insult of rank, age and sex – there must be specific act committed by offender
showing deliberate intention to insult or disregard, other than fact that
offended party is female, or old or of high rank

If rank, age and sex are all present, considered only as one aggravating
circumstance

If offender assaulted person in authority who is not in actual performance of

duty or reason for attack is not past performance of duty, the crime is not
Direct Assault, but aggravating circumstance of “rank” may be appreciated
Par. 3 – Act committed with insult or in disregard of
offended party’s rank, age, sex, or committed in dwelling
of offended party

Age – may be old age or tender age

If child cannot defend himself due to being of tender years, act of accused
may amount to “treachery”

Dwelling – place used exclusively for rest and comfort

Store used as house does not qualify as dwelling

Par. 3 – Act committed with insult or in disregard of
offended party’s rank, age, sex, or committed in dwelling
of offended party

Dwelling applicable even if accused did not enter house during attack,
as long as victim was attacked while inside

Offended party must not give provocation, otherwise, he loses right to

respect and consideration while in his home

Provocation must be sufficient, immediate and coming from offended

party/resident of house
Par. 4 – Abuse of confidence or obvious ungratefulness

Abuse of confidence must facilitate commission of crime, offender

must abuse confidence given by offended party

Ungratefulness must be clear, manifest, obvious

Par. 5 – Crime committed in palace of President, in his
presence, or when public authorities are engaged in discharge
of their duties, or in place dedicated to religious worship

President – need not be engaged in performance of his duties at time of

commission of crime

Commission of crime in palace aggravating even if President is not present

Cemetery – not a place dedicated to public worship

Par. 6 – Crime committed in nighttime, uninhabited
place, or by a band

Nighttime – must be deliberately sought by offender or taken advantage

of by him to facilitate commission of crime

Darkness of night, not nighttime per se, is important in considering presence

of “nighttime” as aggravating circumstance

Uninhabited place – determined by whether or not there was reasonable

possibility of the victim receiving help in the place where crime committed
Par. 6 – Crime committed in nighttime, uninhabited
place, or by a band

Offender must have especially sought or took advantage of uninhabited

place to facilitate commission of crime

Uninhabited place becomes special aggravating circumstance in crime of

robbery by means of violence or intimidation (Art. 295), in other cases,
generic aggravating only

Band – more than 3 armed persons who acted together in the commission
of crime
Par. 6 – Crime committed in nighttime, uninhabited
place, or by a band

“Band” distinguished from Aid of armed men (par. 8, Art. 14)

▪ In band, there must be at least 4 armed men, in “aid of armed men”, such
number not required

▪ In band, members acted together and considered all principals, in “aid of

armed men”, the men are only accomplice who aided the principal
offender

Note - Band is special aggravating circumstance in crime of robbery by means

of violence or intimidation (Art. 295), in other cases, generic aggravating only
Par. 6 – Crime committed in nighttime, uninhabited
place, or by a band

Note Art. 62 – maximum penalty shall be imposed if offense was committed

by person belonging to “organized/syndicated crime group”, which means
group of 2 or more persons conspiring for purposes of gain in commission of
crime

“Organized crime” is a special aggravating circumstance

Art. 14 – Aggravating Circumstances

Par. 7 – Crime committed on occasion of conflagration, shipwreck,

earthquake, epidemic or other calamity or misfortune

Par. 8 – Crime committed with aid of armed men who insure or afford
impunity

Offender availed of help or relied on aid from armed men when crime
was committed
Par. 9 – Accused is a recidivist
Recidivism – at time of offender’s trial for one crime, he has been previously
convicted by final judgment of another crime embraced in the same title of
RPC

“At time of trial” may be during arraignment or even at promulgation of

judgment

Recidivism not appreciated if the subsequent conviction is for an offense

committed prior to the offense subject of first conviction

To be a recidivist, the prior conviction must be final already (note grounds

when judgment becomes final)
Par. 9 – Accused is a recidivist
Kinds of habituality or repetition -

▪ Recidivism (Art. 14, par. 9)

▪ Reiteracion (Art. 14, par. 10)

▪ Habitual delinquency (Art. 62, par. 5)

▪ Quasi-recidivism (Art. 160)

Par. 10 – Reiteracion
Reiteracion - offender has been previously punished for an offense to which the
law attaches an equal or greater penalty, or for two or more crimes to which it
attaches a lighter penalty

Offender should have been “punished”, meaning, has served sentence

Distinctions with Recidivism -

▪ Recidivism requires previous conviction, Reiteracion requires “punished” or

service of sentence

▪ Recidivism requires felonies falling under same title of RPC, Reiteracion does
not require such
Par. 10 – Reiteracion
▪ Recidivism requires “felonies” or offenses subject of RPC, Reiteracion may
apply even if one crime is punished by special law

Distinctions of Recidivism and Reiteracion with Habitual Delinquency -

▪ Recidivism and Reiteracion are generic aggravating, Habitual Delinquency is

special aggravating circumstance with its own penalty

▪ List of felonies covered by Habitual Delinquency exclusive (falsification, estafa,

theft, serious or less serious physical injury)

▪ Habitual Delinquency requires at least 3 convictions

▪ Habitual delinquency not applicable to special penal laws

Par. 11 – Crime committed in consideration
of price, reward or promise

If present in relation to killing, it is qualifying circumstance, becomes murder

under Art. 248

To be aggravating, price, reward or promise must be the primary

consideration of the offender in committing the felony

It aggravates liability of both offeror (principal by inducement) and

acceptor (principal by direct participation)
Art. 14 – Aggravating Circumstances
Par. 12 - Crime be committed by means of inundation, fire, poison, explosion,
stranding of vessel, derailment of locomotive, or by use of any other artifice
involving great waste and ruin
If used in relation to killing, it is qualifying circumstance, becomes murder under
Art. 248
Par. 13 – Crime committed with evident premeditation
Requisites -
▪ Time when accused decided to commit crime
▪ Act clearly showing accused has clung to his determination
▪ Sufficient lapse of time between determination and execution, to allow
accused to reflect on consequences of his act
Par. 13 – Crime committed with evident
premeditation

Execution of act must be preceded by cool thought and reflection during

the period of time sufficient to arrive at calm judgment

If present in relation to killing, it is qualifying circumstance, becomes murder

under Art. 248

The victim killed must be the person the offender premeditated to kill
Art. 14 – Aggravating Circumstances
Par. 14 – Craft, fraud or disguise be employed in commission of crime

Par. 15 – Abuse of superior strength, or means be employed to weaken the

defense

Abuse of superior strength – deliberately using excessive force out of

proportion to means of defense of offended party

There should be clear inequality of strength

Par. 16 – Crime committed with treachery

Treachery - offender commits crime against person, employing means,

methods, or forms in its execution which tend directly and specially to insure
its execution, without risk to himself arising from the defense which the offended
party might make

Applicable to crimes against persons only (example: homicide, serious

physical injuries)

If present in relation to killing, it is qualifying circumstance, becomes murder

under Art. 248
Par. 16 – Crime committed with treachery

Location of wound, manner of attack may determine presence of

treachery

Mode of attack must be consciously adopted by offender; treachery

can’t be presumed

If victim is young child, treachery is present even if manner of attack not shown
because victim cannot be expected to put up a defense

Treachery is appreciated if victim is asleep at time of attack

Treachery may be appreciated even if attack is frontal if such attack is

sudden and unexpected
Par. 17 – Ignominy

Distinguished from Cruelty (par. 21)

Ignominy relates to moral suffering, adding disgrace or humiliation to victim,

while cruelty pertains to additional, unnecessary physical suffering inflicted
by offender on victim

Note - Qualifying circumstance of cruelty or outraging or scoffing at person or

corpse under Art. 248

Number of wounds of victim per se does not prove cruelty, offender should
have prolonged victim’s suffering
Par. 18 – Crime be committed after an unlawful
entry
Unlawful entry- entrance is done through a way not intended for the purpose

Par. 19 – As means to commission of crime, wall, roof, floor, door or window

be broken

Par. 20 – Crime committed with aid of minor, or by motor vehicle or similar

means

Note RA No. 10630, amending RA No. 9344 – Exploitation of children for

commission of crimes is special aggravating circumstance
Par. 20 – Crime committed with aid of minor, or
by motor vehicle or similar means
Use of a motor vehicle is aggravating when it is used either to commit the
crime or to facilitate escape, but not when the use was merely incidental
and was not purposely sought to facilitate the commission of the offense
or to render the escape of the offender easier and his apprehension difficult

Use/Possession of Loose Firearm as Aggravating Circumstance

When loose firearm is possessed but not used in commission of crime - separate
prosecutions for crime committed and illegal possession
Use/Possession of Loose Firearm as Aggravating
Circumstance
Loose firearm is used in commission of crime –

If penalty for crime committed is higher than for possession of loose firearm –
possession is special aggravating

If maximum penalty for crime committed is lesser than for possession of

loose firearm – prosecution is for crime committed, but penalty is that imposed
on possession

If maximum penalty for crime committed is equal to that of possession of loose

firearm – prosecution is for crime committed, but additional penalty of prison
mayor minimum shall be imposed
Use/Possession of Loose Firearm as Aggravating
Circumstance

If possession of loose firearm is in furtherance of or in connection with rebellion or

attempted coup d’ etat, such possession will be absorbed as an element of the
crime of rebellion or attempted coup d’ etat

Note Sec. 25 of RA No. 9165 – Positive finding for use of dangerous drugs is
qualifying aggravating circumstance in the commission of a crime by an
offender