• Must be alleged in the information, otherwise it cannot be considered against the

CHAPTER 14: AGGRAVATING CIRCUMSTANCES offender as such because it will violate the right of the accused to be informed of
the nature of the accusation against him since qualifying circumstances changes
Aggravating circumstances are those which show greater perversity of the offender hence they have the
the nature of the offense. This is beside the fact that the Revised Rules on
effect of imposing the maximum with that provided for by law.
Criminal Procedure new requires specification of qualifying circumstances in the
information.
May be distinguished in the following manner from mitigating circumstance

• Must be proven as conclusively as the guilt of the offender because in changes the
1. The list in Article 13 includes analogous circumstances showing liberality of the
nature of the offense with the corresponding increase in the penalty. For instance,
law in favor of the accused in article 14, the list is exclusive to curtail discretion of the judge to
homicide is penalized with reclusion temporal (20 years maximum). With one
determine what other circumstances may increase the penalty.
qualifying circumstance, it becomes murder penalizd with reclusion perpetua (20
2. Mitigating circumstance may lower the penalty by degree in the Immoral motive, years maximum) this the penalty is doubled.
while it may find support in evidence may not be considered as it does not gall under any
3. SPECIAL OR SPECIFIC AGGRAVATING CIRCUSMTANCE WHICH APPLY TO A PARTICULAR
aggravating circumstance enumerated in article 14 of the rpc.
FELONY. They do not change the character of the offense charges but.

4. INHERENT AGGRAVATING CIRCUMSTANCE – which is an element of the felony thus no

4 kinds of aggravating circumstances - longer considered against the offender in the determination of the penalty (Art 62 no 2)

1. generic circumstance which – Where one of the aggravating circumstances has been used as a qualifying circumstance, the others will
be deemed generic. Since treachery has already been used to qualify the crime as murder, the evident
• have the effect of the penalty being imposed in the maximum period. Noe that premeditation should be considered as only a generic aggravating circumstance (People v Fabios
penalty prescribed in Book II of the cose is the max imposable October 1992)

• apply to all felonies Conspiracy is not aggravating, it is also not qualifying, it is mode or manner of acquiring collective
liability. “The act of one is the act of all.” The presence of conspiracy cannot per se qualify the killing to
• can be offset by an ordinary mitigating circumstance
murder.
• prior to the amendment of the rules of criminal procedure, qualifying
circumstance not alleged in the Information but proved may be appreciated as a
generic aggravating circumstance…but when revised under Sec. 8, rule 110 – be
specifically included in the aggravating circumstance.

2. Qualifying circumstances

• Cannot be offset by any mitigating circumstance

• Change the nature of the crime and the designation of the offense.

Page 1 of 18
Chapter 4: CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY
ARTICLE 14. AGGRAVATING CIRCUMSTANCES
CIRCUMSTANCE
1. That advantage be
taken by the offender of
his position
2. That the crime be
committed in contempt of
or with insult to the public
authorities
3. That the act be
committed (1) with insult
or in disregard of the
respect due the offended
party on the amount of his
(a) rank, (b) age, (c) sex, or
(2) that it be committed in
the dwelling in the
offended party, if the
latter has not given
provocation
BASIS
Greater perversity as shown
in their personal
circumstance;Means used to
secure the commission of
the crime
Greater perversity as shown
by his lack of respect for
public authorities
Greater perversity of the
offender, as shown by the
personal circumstance of the
offended party and the place
of commission of the crime.
***
When all the four
aggravating circumstances
are present – they should be
considered as one
aggravating circumstance
only.
REQUISITES
1. Offender is a public officer
2. Must his influence, ascendancy, and
prestige which his office gives him as
a means by which he commences the
crime
RECKONING QUESTION: Did the accused
abuse his office in order to commit a crime?
1. Public authority is engages in the
exercise of his functions
2. He who is engaged in the exercise of
the said functions is NOT the person
against whom the crime is
committed
3. The offender knows him to be a
public authority
4. His presence has not prevented the
offender from committing the
criminal act. *essential*
1.) THERE SHOULD BE (proof of fact that
there is ) DELIBERATE INTENT to INSULT
OR DISREGARD with RESPECT DUE TO
THE OFFENDED party on the account of --
---
RANK OF OFFENDED PARTY
1.) There must be a difference in
the social condition of the
offender and the offended party
or high social position or
standing
APPLICATION
 There must be proof that the accused took
advantage of his public position
 Present when act done by offender is
connected with the exercise of his official
duty or function
 Failure in official duties is tantamount to
abusing of office
 “taking advantage of public position” – the
public officer must use influence, prestige or
ascendency which his office gives him as a
means but which he realizes his purpose.
 Public authority - 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.
There must be evidence that in the commission of the crime, the accused deliberately intended to offend
or insult the sex, age of the offended party.
*provided that there must be no provocation coming from the offended party.
 It should be clearly demonstrated that the
accused deliberately intended to act with
insult or with disregard of the respect due the
victim on account of his rank. That the
accused was cognizant of the rank of the
deceased police officer or that he articulated
words against the victim.
 Rank – a graded official standing or social
NOT APPLICABLE TO-
o When a public officer commits a common
crime independent of his official functions and
does acts not connected with the duties of his
office, he should be punished as a private
individual without this aggravating
circumstance (US v Dacuycuy)
o Not aggravating when it is an integral
element of, or inherent in, the offense.
o Not aggravating if accused could have
perpetrated the crime without occupying
police position.
o Not applicable to a crime commited in the
presence of an AGENT ONLY.
o Agent of a person in authority – any person
while by direct provision of law or by election
or by appointment by competent authority, is
charged with maintenance of public order and
the protection and security of life and
property. (any persons who comes to the aid
of persons in authority)
o It is absorbed in the crime of direct assault
since rank is an element thereof.
Page 2 of 18

CIRCUMSTANCE
3. That the act be
committed (1) with insult
or in disregard of the
respect due the offended
party on the amount of his
(a) rank, (b) age, (c) sex, or
(2) that it be committed in
the dwelling in the
offended party, if the
latter has not given
provocation
BASIS REQUISITES
AGE OF OFFENDED PARTY
1.) When the offended person, by
reason of age, is old enough to
be the father of the offender.
SEX OF OFFENDED PARTY
1.) Refers to the female sex, not the
male sex.
Greater perversity of the 2.) THAT THE CRIME BE COMMITTED IN
offender, as shown by the THE DWELLING OF THE OFFENDED
place of commission of the PARTY
offense. 1.) Crime was committed in one’s
dwelling
*** 2.) offended party must not give
provocation
One’s dwelling place is a
“sanctuary worthy of
respect”
position or station
APPLICATION
 Circumstance of lack of respect due to age
applies in cases where the victim is of tender
age as well as of old age.
 When it comes to aggravating circumstances
you do not take them in increasing the
penalty when they are inherent in the
commission of a crime.
 Determine first what crime is committed
before considering such circumstance.
 Absorbed in treachery
 When a person compels a woman to go to his
house against her will, the crime coercion with
the aggravating circumstance of disrespect to
sex is committed. (US v Quevengco)
 Killing a female relative of the offended in
retaliation (People v Dayug)
 Direct assault upon a lady teacher.
 Dwelling must be a building or structure,
exclusively used for rest and comfort.
INCLUDES:
a.) Dependencies
b.) The foot of the staircase and
enclosure under the house.
 Even if provocation exists, that it was not
immediately prior to the commission of the
crime.
 Even if the offender did not enter the
dwelling, the circumstance applies – it is
enough that the victim was attacked inside his
own house by the assailant’s own divisive
means
 Aggravating in abduction or illegal detention.
 Even if the victim was just a lessee, bed-
spacer or a boarder. NOT TRANSIENT.
 In adultery, when committed in the dwelling
of husband.
NOT APPLICABLE TO -
o NOT aggravating in robbery with homicide
because it is a crime against property
o Can’t be considered in the absence of
evidence that the accused deliberately
intended to offend or insult the age of victim
o When the offender acted with passion and
obfuscation – this being the condition of mind,
he could not have been conscious that his act
was done with disrespect to the offended party.
o When there exists a relationship between the
offended party and the offender -
o When the condition of being a woman is
indispensible in the commission of the crime –
thus, in (a) parricide, (b) rape, (c) abduction or
(d) seductions, SEX is not aggravating.
o If the following requisites of provocation are
present then dwelling is not aggravating.
1. Given by the owner of the dwelling
2. Sufficient
3. Immediate to the commission of the
crime
4. And close relation bet. Offender and
offended
o NOT AGGRAVATING when both offender and
offended parties are occupants of the same
house.
o When it is inherent in the crime committed:
Robbery by the use of force on things.
o When the it is a store/house at the same time.
o In adultery, when paramour also lives there.
Page 3 of 18
Page 4 of 18
CIRCUMSTANCE BASIS REQUISITES APPLICATION NOT APPLICABLE TO

4. That the act be Greater perversity of the ABUSE OF CONFIDENCE  A 9-month old child killed by an amah o The confidence must facilitate the
committed with (1) abuse offender, as shown by the (househelp) is a grave abuse of confidence- commission of the crime, the culprit taking
of confidence or means and ways employed. 1.) Offended party had trusted the the killer of the child is the domestic servant advantage of offended party’s belief that the
(2)obvious ungratefulness offender of the family and the deceased child’s amah former would not abuse said confidence.
*** 2.) Offender abused such trust by  Inherent in some felonies: malversation, o Betrayal of confidence is not aggravating –
committing a crime against the qualified theft, estafa by conversion or because the victim could resist the
There are TWO aggravating offended party misappropriation. commission of the crime.
circumstances in this 3.) Abuse of confidence facilitated  Confidence between offender and offended
paragraph must be immediate and personal

OBVIOUS UNGRATEFULNESS
1.) That the act must be manifest
and clear with obvious
ungratefulness
 Where the accused killed his father-in-law in
whose house he lived and who partially
supported him.
 Where accused had free access to the house
of the victim who was very kind to him, his
family and who helped him solve his
problems.
o The mere fact, however, that the accused and
the offended party live in the same house is
not in itself enough to hold that there was
present abuse of confidence where the house
was not the property of the offended party.

5. That the crime be Based on the greater Requisite of par 5 as distinguished from  The place of the commission of the felony o Cemeteries are not such a place, however
committed in the palace perversity of offender, as paragraph 2 ( contempt of insult to public (par 5), if it is in Malacanang palace or church, respectable they may be, are not dedicated to
of the Chief of executive, shown by the place of the authorities) is aggravating, regardless of whether the the worship of God.
or in his presence, or commission of the crime, state or official or religious functions are
where public authorities which must be respected. 1. In BOTH, the public authorities are in being held.
are engaged in the the performance of their duties  The mere presence alone of the Chief
discharge of their duties, Executive (need not be in the palace) to
or in a place dedicated to UNDER PAR 5. UNDER PAR 2. constitute such aggravating circumstance.
religious worship.  ^ and even if such public authority is not
2. The public Public authorities engaged in the discharge of his duties where
authorities are performing the crime is committed.
who are in the their duties outside  BUT as regards to the place where the public
performance of their office. authorities are engaged in the discharge of
of their duties their duties, there must be some performance
MUST be in of public functions.
their office  Offender MUST have intention to commit a
crime when he entered the place.

3. Public The public

authority MAY authority should
be the not be the offended
offended party
party

Page 5 of 18
CIRCUMSTANCE BASIS REQUISITE APPLUCATION NOT APPLICABLE TO

6. That the crime be Based on the time and place When nighttime, uninhabited place or band is NIGHTTIME: the period beginning at the end of dusk  To be aggravating, the prosecution must
committed (1) in the of the commission of the aggravating – and ending at dawn. Sunset to Sunrise show that the accused purposely sought to
nighttime, or (2) in an crime and the means and commit the crime at nighttime in order to
uninhabited place, or ways employed 1.) When it facilitated the commission  By and itself, not an aggravating circumstance facilitate the achievement of crime, prevent
(3) by a band, of the crime; or  It becomes so only when it is especially discovery, or evade capture.
whenever such *** 2.) When especially sought for by the sought by the offender, or taken advantage of  MUST BE ALLEGED IN THE INFORMATION
circumstance may offender to insure the commission by him to facilitate the commission of the
facilitate the Can be considered separately of the crime of for the purpose of crime or to insure immunity from capture. o Not aggravating when crime began at
commission of the when their elements are impunity  For the purpose of impunity – means to daytime – when the crime was a result of a
offense. distinctly perceived and can 3.) When the offender took advantage prevent the accused’s being recognized, or to succession of acts which took place within the
subsist, revealing a greater thereof for the purpose of secure himself against detection and period of 2 hrs., commencing at 5 pm and
degree of perversity impunity. punishment. ending at 7pm.
 The lighting of a matchstick or use of o When darkness of the night was merely
IN ADDITION TO THE ABOVE REQ.--- flashlight does not negate the aggravating incidental to the crime committed.
 NIGHTTIME circumstance of nighttime o NOCTURNITY is not aggravating where there
 Commission of the crime must is no evidence that the accused has purposely
begin and be accomplished in the sought the cover of the darkness of the night
nighttime. to commit the crime; nor is there evidence
 The offense must be committed in that nighttime facilitated the commission of
the darkness of the night. the crime, aside from the fact that the scene
of the crime was illuminated.

UNINHABITED PLACE
 SOLITUDE MUST BE SOUGHT TO
BETTER ATTAIN THE CRIMINAL
PURPOSE – It must appear that the
accused sought solitude of the place
where the crime was committed, in order
to better attain his purpose.
 The offenders must choose the place as
an aid either
(1) to an easy and uninterrupted
accomplishment of their criminal
designs.
(2) To insure concealment of the
offense, that he might thereby be
better secured against detection
and punishment.
UNINHABITED PLACE: is one where there are no
houses at all, a place at a considerable distance
from town, or where the houses are scattered at a
great distance from each other.
 Should be determined, not by the distance of
the nearest house to the scene of the crime,
but whether or not in the place of its
commission, there was reasonable possibility
of receiving some help.
 Aggravating where the felony was
perpetrated in the open sea (no help nearby)
 Occupants are the only house in the place
o If offended party was casually encountered by
the accused and the latter did not take
advantage that it facilitates the commission
of the crime.
o Although the house nearest to the dwelling of
the victim was about a kilometer away, if the
defendants did not select the place either to
better attain their object without interference
or to secure themselves against detection and
punishment.

BY A BAND: What is a band? BY A BAND: o If one of the four armed persons is a principal
 At least 4 malefactors (with at least 1  Abuse of superior strength and use of by inducement, they do not form a band.
who is armed) firearms, absorbed in aggravating Connotes that he has no DIRECT
 MUST act together in the commission of circumstance of “by a band” PARTICIPATION in the perpetration thereof.

Page 6 of 18
 the crime
***EXPRESS CONSPIRACY
NOTE: All the armed men, at least 4 in
number, must take direct part in the
execution of the act constituting the crime
(art 17, par 1 RPC)
 “By a band” is inherent in brigandage
 “By a band” is aggravating in robbery with
homicide.
 Aggravating in crimes against property or
against persons or in the crime of illegal
detention or treason.
o When nighttime, uninhabited place or by a
band did not facilitate the commission of the
crime, was not especially sought for or was
not taken advantaged of: NOT
AGGRAVATING
o When casual meeting turned into heated
argumentation and anger and did not afford
the offenders any advantage – not
aggravating
o Not applicable to crimes of chastity

7. That the crime be Has reference to the time of
committed on the the commission of the crime.
occasion of a
conflagration, The debased form of
shipwreck, criminality met in one who,
earthquake, epidemic in the midst of a great
or other calamity or calamity, instead of lending
misfortune. aid to the afflicted, adds to
their suffering by taking
advantage of their
misfortune to despoil them.
1.) There be a state of calamity of
epidemic or misfortune
2.) The offender MUST take
advantage of the calamity or
misfortune in committing the
crime.
 Chaotic condition as an aggravating o Hence, chaotic condition after liberation is not
circumstance: distress similar to calamity, included in this paragraph.
shipwreck, earthquake or epidemic o BUT in the case of People v Penjan, it was
considered chaotic condition from the
liberation of San Pablo.
PAR 7 PAR 12
The crime is committed The crime is committed
ON THE OCCASION of BY MEANS OF ANY
a calamity or such acts involving
misfortune great waste or ruin.

8. that the crime be Based on the means and 1.) That armed men or persons took RULE FOR APPLICATION: Not aggravating when:
committed with the ways of committing the part in the commission of the  The casual presence of armed men near the o Both the attacked and the attacking party
aid of (1) armed men, crime crime, directly or indirectly place where the crime was committed DOES were EQUALLY ARMED.
or (2) persons who 2.) That the accused availed himself NOT CONSTITUTE an aggravating o Accused as well as those who cooperated with
insure or afford of their aid or relief upon them circumstance when it appears that the him in the commission of the crime acted
impunity. when the crime was committed. accused DID NOT avail himself of their AID or under the same plan and the same purpose
RELY upon them to commit the crime. for that would have constituted -> conspiracy
WITH THE AID OF BY A BAND (PAR 6.)  Aid of armed men is absorbed by to commit a crime.
ARMED MEN ( PR 8) “employment of band” - NOTE: if there are
four armed men, aid of armed men is
Is present even if one Requires more than 3 absorbed in employment of a band. If there
of the offenders malefactors who are 3 armed men or less, aid of armed men
merely relied on shall have acted may be the aggravating circumstance.
their aid, for actual together in the  AID OF ARMED MEN = includes ARMED
aid is not necessary. commission of an WOMEN.
 DID NOT offense
INITIATE, JUST  ALL
AIDED PRINCIPAL PRINCIPALS
PERPETRATOR
 No required
number of
malefactors

Page 7 of 18
CIRCUMSTANCE BASIS
9. That the accused is a Greater perversity of the
RECIDIVIST offender, as shown by his
inclination to crimes
***
Who is a recidivist? A
recidivist is one who, at the
time of his trial for one crime,
shall have been previously
convicted by final judgment
for another crime embraced
in the same title of the code.
There must be two
convictions.
10. That the offender Same as that of recidivism,
has been previously the greater perversity of the
punished for an offender as shown by his
offense to which the inclination to crimes.
law attaches an equal
or greater penalty for ***
two or more crimes to
which it attaches a
despite the previous
lighter penalty.
punishment, the offender did
not learn his lesson.
REQUISITES
1.) That the offender is on trial for an
offense;
2.) That he was previously convicted by
final judgment of another crime;
3.) That both the first and the second
offenses are embraced in the same
code.
4.) That the offender is convicted of
the new offense.
***
Controlling: time of the trial; not the time of
the commission of the crime.
Time between first and 2nd offense – no
prescription period for lapse of time.
1. That the accused is ON TRIAL for
an offense;
2. 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
3. That he is convicted of the new
offense.
APPLICATION NOT APPLICABLE TO
 ‘At the time of his trial for one crime’ – It is o No recidivism if the subsequent conviction is
meant to include everything that is done in for an offense committed before the offense
the course of the trial, from arraignment until involved in the prior conviction.
after sentence is announced by the judge in o When one offense is punishable by an
open court. ordinance or special law and the other by the
 “final judgment” – executory; meaning 15 days Revised Penal Code, the two offenses are not
have elapsed from its promulgation without embraced in the same title of the Code.
the convict appealing the conviction
 Already final when offender started
serving sentence
 He expressly waived hi right to appeal
 He applied for probation. (he is RECIDIVISM REITERACION
effectively waiving his motion for
reconsideration and appeal)
1. Requires previous 1.. Requires service of
 “must be embraced in the same title code” – conviction with final sentence
robbery and theft are embraced in title ten, judgment
referring to crimes against property.
2. The offense do not
 Homicide and physical injuries are embraced 2. The offense falls need to fall under the
in Title Eight, referring to crimes against under the same title
same title
persons.
 There is recidivism even if the lapse of time 3. No requirement as to
3. Equal or greater
between two felonies is more than 10 years. penalty attached
penalty with that
 PARDON does not obliterate the fact that the
accused is facing now
accused was a recidivist; but AMNESTY
or must be at least 2.
extinguishes the penalty and its effects
 Reitaracion or habituality – it is essential that
the offender be previously punished, that is,
he has served sentence, for an offense in
which the law attaches, or provides for an o REITARACION or habituality not always
equal or greater penalty than that attached by aggravating - if, as a result of taking this
law for the second offense, or for two or more circumstance into acct, the penalty for the
offense, in which the law attaches a lighter crime of murder would be death and the
penalty. offenses for which the offender has been
 Hence, even if the accused served the penalty previously convicted are against property and
the prision mayor in its minimum period and is not directly against persons, the court should
not convicted of an offense for which the exercise its discretion in favor of the accused
penalty of prision mayor max is imposed, by not taking this aggravating circumstance
there is still habituality, PROVIDED that the into account.
penalty attached to the 2 offenses is prision
mayor in its full extent.
Page 8 of 18
Page 9 of 18
RECIDIVISM
A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted by
final judgment for another crime embraced in the
same title of the code
1.) That the offender is on trial for an offense;
2.) That he was previously convicted by final
judgment of another crime;
3.) That both the first and the second offenses are
embraced in the same code.
4.) That the offender is convicted of the new
offense.
When he is a rebel and then he killed a lot of people
before and then he is convicted now with homicide -
--- not the same. For the reason that it was inherent
in his crime of rebellion.
“final judgment” – executory; meaning 15 days have
elapsed from its promulgation without the convict
appealing the conviction
• Already final when offender started
serving sentence
• He expressly waived hi right to appeal
• He applied for probation. (he is
effectively waiving his motion for
reconsideration and appeal)
 Recidivism cannot be appreciated where the
prosecution failed to present a certified true
copies of conviction in the other case since the
same is not cured by the failure of the accused
to object such lack of presentation.
 Recidivism is an affirmative allegation
whenver alleged in the information and when
the accused enters a plea of not guilty to such
issues not only as to his guilt or innocence but
also to the presence or absence of the
modifying circumstances so alleged.
REITERACION/ HABITUALITY HABITUAL DELINQUENCY QUASI-DELINQUENCY
That the offender has been previously punished Habitual Delinquency special aggravating QUASI RECIDIVISM a special aggravating
for an offense to which the law attaches an equal circumstance and unlike the other kinds of aggravating circumstance which may not be offset by an ordinary
or greater penalty or for two or more crimes to circumstance which merely increases the penalty for mitigating circumstance.
which it attaches a lighter penalty. offense committed, habitual delinquent has its own The offender has been previously convicted by final
penalty which escalates with the increase in the judgment and before beginning to serve such
number of conviction. sentence or while serving the same committed a
The rationale here is that despite the previous
felony.
punishment, offender did not learn his reason.
Reason: despite the previous punishment, the
offender did not learn his lesson.
1) That the accused is ON TRIAL for an 1) A person is considered a habitual delinquent if •If it falls under the same title - recidivism. Where
offense; within a period of ten years from the date of his does it fall?
release or last conviction of the crimes of:
2) That he previously served sentence for
(FRETSEL) = Falsification, robbery, estafa, theft,
another offense to which the law attaches ART 160 RPC - commission of another crime during
serious or less serious physical injury
an equal or greater penalty, or for two or the service of penalty imposed for another previous
offense; besides the prov of rule 5 of article 62, any
more crimes to which it attaches lighter
persons who shall commit a felony after having
penalty than that for the new offense; and been convicted by final judgment, before beginning
3) That he is convicted of the new offense. 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.
RECIDIVISM REITERACION RECIDIVISM HABITUAL
DELINQUENCY The thing is recidivism merely imposes maximum
penalty of the period imposed
1. Requires service of 1. 2nd conviction is 1. 3rd conviction is
1. Requires previous
sentence enough necessary  However, QR – prescribes that penalty would
conviction with final
2. Not required to be 2. Requires the crime to 2. Crimes are specific be imposed at the maximum period. Thus
judgment
under the same be under the same title 3. When the next crime effectuates -> the penalty of recidivism
2. The offense falls
title 3. Does not prescribe committed happened because it is absorbed. Same ra sa effect sa
under the same title
3. Equal or greater 4. Generic aggravating after the recidivism. Or does not even matter because
3. NO requirement
penalty as which can be offset by reglamentary period – (unsa man imo idungag) nga ang maximum ra
required to penalty
compared to what an ordinary mitigating cannot be considered. man gihapon ang i-impose. Misnomer ra siya.
attached
the accused is circumstance 4. Special must be  Kay if imo ithink ang purpose sa
facing now or if considered, additional aggravating circumstance- increase the
lighter, there must penalty every crime penalty but in truth- it can only impose the
be at least 2 committed back then. maximum period PRESCRIBED by law.
offenses.
Quasi-recidivism is penalized in addition to habitual
delinquency because e of the opening phrase in
article 160 thus: “besides the provisions of rule 5 of
article 52.” The effect is to penalize the convict with
the maximum period of the new felony committee
plus the penalty for the original conviction plus the
penalty for the habitual delinquency. 4 counts of
homicide - award for previous crimes
Penalty: habitual delinquency award max of 30
years and quasi recidivism (max) – deads.
Page 10 of 18
CIRCUMSTANCE BASIS REQUISITES APPLICATION NOT APPLICABLE TO

11. That the crime be Greater perversity of the 1. Presupposes 2 or more  If the price or reward or promise is alleged in o If without previous promise it was given
committed in offender, as shown by the offenders/principals the information as a qualifying aggravating voluntarily after the crime had been
consideration of a motivating power itself. • Principal by inducement/offeror circumstance, it shall be considered against all committed as an expression of his
price, reward of • Principal by participation/acceptor the accused, it being an element of the crime appreciation for the sympathy and aid shown
promise. of murder. by other accused, it should not be taken into
2. Price, reward or promise must be for consideration for the
the purpose of inducing another to o Without reward in the execution is not
perform the deed. considered
 When another aggravating circumstance o Not aggravating or considered when death is
12. That the crime be Reference to means and 1. Used by the offender as a means to already qualifies the crime, any of these just a result of another crime like arson.
committed by means ways employed accomplish a criminal purpose. aggravating circumstances shall be
of inundation, fire, considered as generic aggravating
poison, explosion, circumstance
stranding of a vessel or
intentional damage REFER TO PARAGRAPH 7 for By means of fire  WHEN USED AS A MEANS TO KILL o Hence, if the purpose of the explosion,
thereto, derailment of comparison. ANOTHER PERSON, the crime is murder. inundation or fire is to kill a predetermined
a locomotive, or by the  in order to constitute murder, there should be person, the crime committed is murder. Once
use of any other an actual design to kill and that the use of fire any of these circumstances is alleged in the
artifice involving waste should be purposely adopted as a means to information to qualify the offense, it should
and ruin. that end.. not be considered as generic aggravating
 If there is intent to kill and explosion is used by circumstance, because it is am integral
By means of explosion the offender to accomplish his criminal element of the offense already
purpose, it is murder if the victim dies in
consequence thereof. ***
 Under article 330, which defines and penalizes
the crime of damage to means of NOTE: Each of the circumstances of fire,
communication, derailment of cars, collision explosion, and derailment of locomotive may
by means of derailment locomotive or accident must result from damage to a be a part of the definition of a particular
railway, telegraph or telephone lines. crime, such as, arson (art 320), crime involving
 BUT this is without prejudice to the criminal destruction (art 324) and damages and
liability for other consequences of criminal obstruction to means of communication (art
act. 330).

In these cases, they do not serve to increase

the penalty, because they are already
included by the law in defining the crimes.
Thus, they should not be considered as
aggravating circumstance and shall not be
taken into consideration in increasing the
penalty.

Page 11 of 18
CIRCUMSTANCE BASIS
13. that the act be Has reference to the ways of
committed with committing the crime,
evident premeditation because evident
“GIPAMINSARAN” premeditation implies a
deliberate planning of the act
before executing it.
***
ESSENTIAL 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 calm judgment.
THUS, evident premeditation
may not be appreciated
absent of any proof as to
how and when the plan to kill
was hatched or what time
elapsed before it was carried
out.
REQUISITE
THE PREMEDITATION must be evident, not
merely suspected.
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
consequences of his act and to
allow conscience to overcome the
resolution of his will.
SUFFICIENT LAPSE OF TIME – the
offender must have an opportunity
to coolly and serenely think and
deliberate on the meaning and the
consequences of what he planned
to doo, an interval long enough for
his conscience and better
judgment to overcome his evil
desire and scheme.
------- notwithstanding, the offender still
committed the crime which made it
aggravating because of such stubborn
adherence to the commission of felony.
APPLICATION
 The date and time when the offender
determined to commit the crime is essential,
because the lapse of time (3rd requisite) is
computed from that date and time.
 2nd requisite is necessary which must be
notorious and manifest, and the purpose and
determination must be plain and have been
adopted after mature consideration on the
part of the persons who conceived and
resolved upon the perpetration of the crime.
 After the offenders had determined
(conceived) to commit the crime, they
manifestly indicated that they clung to their
determination ----
o When the crime was carefully planned
by the offenders
o when offenders previously prepared
the means which they considered
adequate to carry it out.
o When the defendant made repeated
statements that the hour of reckoning
of the victim would arrive and armed
themselves with deadly weapon.
 What is sufficient lapse of time?
o Evident premeditation was held
attendant where the accused had had
three day’s time to meditate upon the
crime w/c he intended to commit, and
was not prompted by impulse of the
moment. (People v Lasafin)
o Three hours or less considered
sufficient lapse of time.
 Evident premeditation and PRICE or REWARD
can COEXIST. – may be taken into
consideration independently of the fact that
premeditation has already been considered,
inasmuch as there exists no compatibility
between these two circumstances, because if
it is certain that as a general rule: price or
reward implies premeditation, it is no less
certain that the latter may be present without
the former.
 For premeditation to exist: It is not necessary
that there is a plan to kill a particular person.
NOT APPLICABLE WHEN
o Mere threats w/out the second element does
not show evident premeditation:
 A threat to kill, unsupported by other
evidence which would disclose the true
criminal state of mind of the accused,
will only be construed as a casual remark
naturally emanating from a felling of
rancor and not a resolution of character
involved in evident premeditation.
o Existence of ill-feeling or grudge alone is not
proof of evident premeditation.
 A nursed grudge/resentment – not a
conclusive proof of evident
premeditation.
o CONSPIRACY generally presupposed
premeditation – where conspiracy is directly
established, the existence of evident
premeditation can be taken for granted.
o BUT WHEN CONSPIRACY is only implied,
evident premeditation may not be
appreciated, in the absence of proof as to how
and when the plan to kill the victim was
hatched and the time which had elapsed
before the commission of crime.
o Premeditation is ABSORBED by reward or
promise, sometimes. -> applicable only to the
inductor. The mere fact that another
executed the act on the promise of reward
does not necessarily mean that he had
sufficient time to reflect on the consequences
of his act.
o When victim is different from that intended
premeditation is not aggravating.
 REASON FOR THE DIFFERENCE OF THE
RULING:
Page 12 of 18

13. that the act be
committed with
evident premeditation
“GIPAMINSARAN”
14. That (1) craft, (2) Reference to the means
fraud, or (3) disguise employed in the commission
be employed of the crime.
***
This circumstance is
characterized by the
intellectual or mental rather
than the physical means to
which the criminal resorts to
carry out his design.
CRAFT
1.) involves intellectual trickery and
cunning on the part of the accused
2.) Resorted to by the accused to aid in
the execution of criminal design.
Employed as a scheme in the
execution of the crime.
FRAUD
1.) Insidious words and machinations
used to induce the victim to act in
a manner which would enable the
offender to carry out his design.
1. The criminal intent w/c was
carried out was to kill the first
two persons whom the accused
should meet @ the place where
he intended to commit the crime.
EVIDENT PREMEDITATION WAS
CONSIDERED (Manalinde)
2. After careful thought and
meditation, the accused decided
to kill, whatever individual he
should meet from the town
where his son got the sickness of
cholera. Acted on impulse and
vengeance considerably,
Perpetrated the crime with
premeditation. (Zalsos)
3. A general attack upon a village
having been premeditated and
planned, the killing of any
individual during the attack is
attended by the aggravating
circumstance of evident
premeditation. (Rodriguez)
 Evident premeditation while inherent in
robbery, may be aggravating in robbery with
homicide if the premeditation included the
killing of the victim.
 Where appellant deceived the victim into
coming to her apartment under the pretext of
accompanying the victim to the bank, and
luring her to the 3rd floor of the apartment to
which he committed the crime.
 There is craft where accused lured victim out
of the house to kill him.
 Pretension whereby intent to do such a crime
would not arouse suspicion from the offended
party.
 Where four men determined to kill a man
faraway, invited him to go mountain climbing
and killed him there.
 Where the defendants induced their victims
to give up their arms upon a promise that no
harm be done to them (US v Abelinde), AND
when the latter gave up their arms, the
former killed them.
 To enter the house of Pedro, one of the
accused shouted they wanted to buy
When the offender decided to kill a particular
person and premeditated on the killing, but when
he carried out his plan he actually killed another
person, it cannot properly be said that he
premeditated on the killing of the actual victim.
But if the offender premeditated on the killing of
any person like Manalinde who decided to kill the
first 2 persons he would meet – is proper to
consider against the offender the aggravating
circumstance because whoever it is he killed was
contemplated in his premeditation.
And where the victim belonged to the class
designated by the accused, although the victim
was not previously determined, premeditation is
aggravating.
In the case of Zalsos, the victim belonged to the
class which was any “persons of Macabebe” to
whom he attributed with cholera epidemic in his
barrio.
o Not an aggravating circumstance where craft
partakes of an element of an offense, the
same may not be appreciated independently
for the purpose of aggravation.
o Not established when the evidence shows
that the accused and his companions, did not
plan to camouflage their hostile intentions ate
the incipiency of the attack. (People v.
Cunanan)
o But craft is NOT attendant where the unlawful
scheme could have been carried out just the
same even without the pretense.
THERE IS HAIRLINE DISTINCTION BETWEEN
CRAFT AND FRAUD. There is craft or fraud when
by trickery, accused gain entrance in victim’s
house. Pretending to have pacific intentions,
gained entrance and consent from victim to which
facilitated commission of crime.
CRAFT FRAUD
Page 13 of 18
 cigarettes, which induced the owner to open The act of the accused When there is a direct
backdoor for them, and one of them said they done in order NOT to inducement by insidious
wanted to drink water. Once inside, they arouse suspicion from words or machinations
committed robbery with rape. FRAUD is the victim
aggravating.
 When the defendant covered his face with o That even though he assumed that
DISGUISE handkerchief before committing the crime masquerade as a disguise, he was readily
1.) Resorting to any devise to conceal that he should not be recognized, disguise is recognizable because his face could easily be
identity present. seen together with his identifying feature,
disguise is not aggravating.
o When offenders may or might have superior
15. that (1) advantage ABUSE OF SUPERIOR STRENGTH  THERE MUST BE EVIDENCE THAT THE strength, but they do not or did not take
be taken of superior Intentional use of superior strength ACCUSED were physically stronger and that advantage of it.
strength or (2) means 1.) Where there is excessive force out they abused such superiority. o When one attacks another with passion and
be employed to
of proportion to the means of  Where the victim who died was an innocent obfuscation
weaken the defense
defense available to person tender baby and the others were barely 5 and o Does not apply when a quarrel unexpectedly
*** attacked. 12 years old. arose and the fatal blow was struck at a time
Keyword: advantage a. When there is a  When deceased was defenseless and under when the aggressor was brawling with the
NOTORIOUS INEQUALITY the influence of liquor, a clear case of victim.
of forces between aggressor superiority is present. o Not applicable when the attack was made on
and the victim (age, size and  Abuse of superior strength when a man the victim alternately.
strength) attacks a woman with a weapon (which his o No abuse of superior strength in parricide
2.) Numerical superiority sex and the weapon used afforded him in the against wife.
3.) Offender uses a powerful weapon commission of crime) o The mere fact of there being superiority of
which is out of proportion to  ABUSE OF STRENGTH by NUMERICAL numbers is not sufficient to bring case within
defense. SUPERIORITY: aggravating circumstance.
o Unarmed victim was attacked by 3 men o No abuse of superior strength when one acted
and all of them with weapons. as principal and the other two as accomplices
ABUSE OF o Assailants were 4 in number and were – inconsistent because it should be 3 men
BY A BAND SUPERIOR armed with bladed instruments. The cooperated together in some way designed to
STRENGTH deceased was alone, unarmed and weaken the defense.
taken by surprise. o WHEN THERE IS TREACHERY – superior
Cuadrilla – Gravamen is the o Jurisprudence – 4 men and 1 strength is absorbed.
1.) Atleast 4 taking advantage by defenseless victim, w/out treachery,
malefactors the culprits of their would constitute advantage of superior
and collective strength to strength (people v garcia)
2.) All of them overpower their  When weapon used is out of proportion to the
are armed. relatively weaker defense available to the offended party.
victim or victims.  Aggravating in COERCION and FORCIBLE
ABDUCTION when greatly in excess of that
*** *** which is required to commit the offense.
The number of Relative physical  Other crimes – illegal detention by 6 men , in
aggressors and the might vis-à-vis the robbery with rape committed by 4 men, in
fact that they are offended party robbery with homicide by 3 mean.
armed  AGGRAVATING CIRCUMSTANCES
ABSORBING BAND - cuadrilla. Band and
abuse have the same essence which is the
utilization of combined strength of the
assailants.

Page 14 of 18
MEANS EMPLOYED TO WEAKEN  Exists when the offender, who had the o MEANS TO WEAKEN DEFENSE ABSORBED
DEFENSE intention to kill the victim, made the IN TREACHERY
deceased intoxicated, thereby materially
weakening the resisting power of victim.
 APPLICABLE ONLY TO CRIMES AGAINST
PERSONS OR PERSONS AND PROPERTY

Page 15 of 18
CIRCUMSTANCE BASIS REQUISITE APPLICATION NOT APPLICABLE TO

16. That the act be Reference to the means and Requisite: RULES REGARDING TREACHERY – o CANNOT BE PRESUMED - the suddenness of
committed with ways employed in the 1.) That at the time of the attack, the 1.) Applicable only to crimes against person attack, does not suffice to support a finding of
treachery (alevosia) commission of the crime victim was not in a position to 2.) Means, methods or forms need not insure alevosia, even if the purpose was to kill, as
defend himself accomplishment of crime long as the decision was made all of a sudden
MEANING OF TREACHERY 2.) That the offender consciously 3.) The mode of attack MUST be consciously and the victim’s helpless postion was
– when the offender adopted that particular means, adopted. accidental.
commits any of the crimes method or form of attack o When there is NO witness to such crime
against the person, employed by him.  The treacherous character of the means o Neither was there treachery where the attack
employing means, methods employed in the aggression does not depend was frontal, indicating that the victim was not
or forms in the execution upon the result thereof but upon the means totally w/out opportunity to defend himself,
thereof which tend directly itself, in connection with aggressor’s purpose when the surrounding circumstance was
and specially to insure its in employing it. acted upon impulse.
execution, without risk  The accuse maust make preparation to kill the o Mere suddenness of the attack is not enough
arising from the defense deceased in such a manner as to insure the to constitute treachery. It must be
which the offended party execution of the crime or to make it deliberately chosen by the accused.
might make. impossible for the person attacked to defend o Where the meeting between the accused and
himself. the victim is casual and the attack impulsively
 The characteristic and unmistakable done, there is no treachery. – the reason
Treachery – means, Abuse of superior Means employed to manifestation of treachery is the deliberate, being that the accused could not have made
methods or forms of strength – does not weaken the defense – sudden and unexpected attack of the victim the preparation for the attack, the meeting
attack are employed by employ means, like in treachery, but from behind, w/out any warning and w/out between him and the deceased being casual,
the offender to make it methods or forms of the means employed giving him an opportunity to defend himself and the means, method and form of attack
impossible or hard for attack; he only takes ONLY MATERIALLY or repel the initial assault. could not have been thought by the accused,
the offended party to advantage of his weakens the resisting because the attack was impulsively done.
put up any sort of superior strength power of the offended Attacks showing eliminating risk – o NO TREACHERY WHEN the victim was
resistance party. already defending himself when he was
a.) Victim asleep attakced by the accused.
b.) Victim half-awake or just awakened o Mere sudden and unexpected attack does no
In relation to other circumstances -
c.) Victim grappling or being held necessarily not give rise to treachery
d.) Attacked from behind o No treachery where the accused gave the
Absorbed Inherent Not absorbed
a. With a firearm deceased a chance to prepare.
Abuse of
b. With a bladed weapon o Also when the attack was preceded by a
superstrength
c. Other modes of armed attack warning. CALLING ATTENTION NOT
Aid of armed men  There is treachery in killing a child. NECESSARILY A WARNING.
and by a band
 Treachery may exist even if the attack is made o No treachery when preceded with a heated
Means to weaken face-to-face: discussion.
the defense 1. When it was not preceded by a o ATTACK FROM BEHIND may not necessarily
dispute be alevosia – it must be sudden and
nighttime
2. And offended party was unable to consciously adopted also
prepare himself for his defense. o Cannot co-exist with passion or obfuscation
Age and sex

 Summary of rules:
Dwelling 1. When the aggression is
continuous, treachery must be

Page 16 of 18

17. That means be Reference to the means
employed or employed.
circumstances brought
about which add
IGNOMINY to the
natural effects of the
act
18. that the crime be Reference to the means and
committed after an ways employed to commit a
unlawful entry. crime.
***Reason for aggravation: one
who acts, not respecting the
walls erected by men to guard
their property and provide for
their personal safety shows a
greater perversity, a greater
audacity; hence, the law
punishes him with more
severity.
19. that as a means to Reference to the means and
the commission of a ways employed to commit a
crime, a wall, roof, crime.
floor or window be
broken.
***
SC called it the aggravating
circumstance of forcible entry
IGNOMINY – a circumstance pertaining to
the moral order, which adds disgrace and
obloquy to the material injury caused by
the crime
1) the means employed or the
circumstances brought about must tend to
make the effects of the crime more
humiliating or to put the offended party to
shame.
Unlawful entry – when an entrance is
effected by a way not intended for the
purpose.
1.) To effect entrance, not for
escape
1.) Breaking of a part of the
building
2.) To effect entrance only
3.) Utilized in the commission of
the crime
present at the beginning of the
assault
2. 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.
 In treachery, it makes no difference WON the
victim was the same person whom the
accused intended to kill – because it still
rendered victim impossible to defend himself.
 Inherent in murder by poisoning
 Applicable to crime committed against
chastity
 When before victim was killed, he was forced
to kneel in front of his house with the servants
in a line before him.
 Where a woman was raped in the presence of
her husband
 Rape as ignominy in robbery with homicide
 Rape committed in a house after an entry o BUT unlawful entry is one of the ways of
through the window. committing robbery with force upon things
 Also when the offender went into the victim’s under art 299 and art 302 of the code.
room through the window. Inherently in this kind of robbery.
o Generic aggravating – when not in the
information, not considered.
o Not aggravating in the trespass to dwelling.
 Under Rule 113, section 22 (revised rules of
criminal procedure) – an officer, in order to
make an arrest, either by virtue of a warran or
without a warrant, as provided in sec 5 may
break into any building or enclosure where
the person to be arrested is or is reasonably
believed to be, if he is Refused admittance
thereto, after announcing his authority and
purpose.
Page 17 of 18

20. that the crime be Reference to the means and 1.) Asking the minor to do the crime for the
committed (1) with the ways employed to commit a principal because of their perceived
aid of persons under 15 crime. innocence and immunity from being
years of age or (2) by criminally charged.
means of motor
vehicles, airships or ***
similar means
2 different aggravating circumstance in
paragraph 20.
1.) tends to repress, so far as possible, the
frequent practice resorted to by pro
criminals to avail themselves od minors
taking advantage of their irresponsibility
2.) intended to counteract the great
facilities found by modern criminals in said
means to commit crime and flee and
abscond once the same is committed.
o ESTAFA, cannot be committed by means of
BY MEANS OF MOTOR VEHICLE – motor vehicle
o
1.) when used to facilitate the commission of the
crim
NOTE: if the motor vehicle was used only in
facilitating the escape, it should not be
aggravating.
 Aggravating where the accused use a motor
vehicle to insure the success of their nefarious
enterprise
 Also referring to motorized vehicle or other
efficient means of transportation similar to
automobile, airplane.

21. cruelty Reference to the means and
ways employed to commit a
crime.
IGNOMINY
INVOLVES MORAL SUFFERING REFERS TO PHYSICAL SUFFERING
1.) That the injury caused be
deliberately increased by
causing another wrong
2.) When the wrong done was
intended to prolong the
suffering of the victim, causing
him unnecessary moral and
physical pain by
3.) That the accused enjoyed and
was delighted in making his
victim suffer
CRUELTY
 CRUELTY – when the culprit enjoys and o Another wrong is not necessary for its
delights in making his victim suffer slowly commission
and gradually, causing him unnecessary o Cannot be presumed
physical pain in the consummation of the o Plurality of wounds alone does not show
criminal act. cruelty
 Refers to physical suffering of victim o No cruelty when another wrong done was
purposely intended by offender after the victim died.
 Considered in extracting victim’s eye and
stuffing his mouth with mud
 Or burning mouth of child in murder
Rapes, robbery and other forms of cruelties
are aggravating circumstances of ignominy
and cruelty in treason.

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