CIRCUMSTANCE WHICH AGGRAVATE 

CRIMINAL
LIABILITY (AGGRAVATING CIRCUMSTANCES)
 

Art. 14. Aggravating The following are aggravating  

circumstances. circumstances:

  1. That advantage be taken by  

the offender of his public position.

  2. That the crime be committed in 1. That the public authority I

contempt or with insult to the engaged in the exercise of his
public authorities. functions

   

2. That the public authority is not the

person against whom th 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

  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 committed in the
dwelling of the offended party, if
the latter has not given
provocation.
  4. That the act be committed with Abuse of confidence
abuse of confidence or obvious
1.
ungratefulness.
2.
3.
Obvious ungratefulness
1.
2.
3.
  5. That the crime be committed in 1.
the palace of the Chief Executive 2.
or in his presence, or where
public authorities are engaged in
the discharge of their duties, or in 3.
a place dedicated to religious
worship.
  6. That the crime be committed in  
the night time, or in an
uninhabited place, or by a band,
That the offended party had
trusted the offender
That the offender BUSED
THE confidence of the offended
party
That the abuse of
confidence facilitated the
commission of the crime
That the offended party had
trusted the offender
Abused such trust by
committing a crime against the
offended party
That the act be committed
with obvious ungratefulness
When it facilitated the
commission of the crime
When  especially sought for
by the offender to insure the
commission of the crime or for
the purpose of impunity
When the offender took
advantage thereof for the
purpose of impunity
 whenever such circumstances
may facilitate the commission of
the offense.

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.

  7. That the crime be committed  

on the occasion of a
conflagration, shipwreck,
earthquake, epidemic or other
calamity or misfortune.

8. That the crime be committed
with the aid of armed men or
persons who insure or afford
impunity.
1.  that the men or persons took
part in the commission, directly or
indirectly
2. that the accuser availed himself
of their aid or relied upon them
when the crime was committed

recidivist 9. That the accused is a 1. That the offender is on trial

recidivist.
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 this Code.
for an offense
2. That he was previously
convicted by final judgementof
another crime
3. That both the first and the
second offenses are embraced
in the same title of the code
4. That the offender is
convicted of the new offense

Reiteracion or habituality 10. That the offender has been
previously punished by 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.
 
  11. That the crime be committed Reward must be the primary reason
in consideration of a price,
reward, or promise.
  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.
  13. That the act be committed
with evidence premeditation.
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 2 or more lighter
penalties than that for the new
offense
3. That he is convicted of the new
offense
or premordial motive for the
commission of the crime
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 his conscience
to overcome the resolution of
 his will

  14. That the craft, fraud or  

disguise be employed.

  15. That advantage be taken of  

superior strength, or means be
employed to weaken the
defense.

alevosia 16. That the act be committed
with treachery (alevosia).
There is treachery when the
offender commits any of the
crimes against the person,
1. That at the time of the
attack, the victim was not in a
position to defend himself
2. That the offender
consciously adopted the
particular means, method or
form of attack employed by him

employing means, methods, or

 
forms in the execution thereof
which tend directly and specially Considered present in:
to insure its execution, without
mistake in personnae and
risk to himself arising from the
defense which the offended party aberratio ictus
might make.

  17. That means be employed or  

circumstances brought about
which add ignominy to the natural
effects of the act.

  18. That the crime be committed  

after an unlawful entry.

  19. There is an unlawful entry  

when an entrance of a crime a
 wall, roof, floor, door, or window
be broken.

  20. That the crime be committed  

with the aid of persons under
fifteen years of age or by means
of motor vehicles, motorized
watercraft, 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.
1. that the injury caused be
deliberately increased by causing
other wrong
2. that the other wrong be
unnecessary for the executon of the
purpose of the offende