DWELLING – must be a building or structure, exclusively used for rest and comfort.

- Considered as aggravating circumstance because of the sanctity of privacy the

law accords to human abode.
What aggravates the commission of the crime in ones dwelling
The abuse of confidence which the offended party opened the door.
Violation of sanctity of home by means of trespassing
*offended party must not give provocation
Provocation must be:
Given by the owner of the dwelling, sufficient, and immediate to the commission of
the crime
Because the provocation is not immediate, dwelling is aggravating
Prosecution must prove that no provocation was given by the offended party
Even if the offender did not enter the dwelling, the circumstances applies; the victim was inside
his dwelling
Even if the killing took place outside the dwelling, it is aggravating provided the crime began in
the dwelling
Dwelling includes dependencies, foot of the staircase, and enclosure under the house

Abuse of confidence – exist when the offended party has trusted the offender
Requisites:
1.the offended party trusted the offender
2.the offender abused such trust by committing a crime against the offended party
3.the abuse of confidence facilitated the commission of crime

THE CRIME COMMITTED IN PALACE OR IN PRESENCE OF CHIEF EXECUTIVE

-because the place of the chief executive need to be respected
OFFICIAL OR RELIGIOUS FUNCTIONS NOT NECESSSARY
-the chief executive need not to be in malacanang to consider it aaggravating
-other public authorities must be engaged in the performance of duty
Place dedicated to religious worship
Offender must have intention to commit a crime when he entered the palace.

Nightime- based on time and place of commission of crime

When aggravating:
1.when it facilitated the commission of crime
2.when especially sought for by the offender to insure the commission of the crime or for the
purpose of impunity
3.when the offender took advantage thereof for the purpose of impunity

Nightime need not be specifically sought for when 1.it facilitated the commission of th