Notes: Criminal Review October 3, 2020

Qualifying circumstances; are those that change the nature of the crime; Article 248. and other special law such as RA
9165 ( Dangerous Drugs Act ); if the crime is committed by the accused while under the influence of dangerous drugs.
Servant; theft from qualified theft; Theft of motor vehicle; motor vehicle is used in the commission in the crime; Qualified
carnapping’
Qualified rape; the accused has moral ascendency; The victim is pregnant; relative by affinity; Article 266-B (2);
Special aggravating circumstances
Article 62; Article 13; Article 160
Cruelty and ignominy, against persons;
Specific in character
Generic aggravating affects only mitigating circumstance; it does not affect the increase or decrease of the penalty;
Extra-ordinary; additional penalty for being habitual delinquent
Inherent aggravating; element of the crime is committed; the penalty is fixed by law; the maximum of the penalty.
Article 14 Aggravating Circumstances
Par 1. malversation, bribery
Par 2. committed in the presence of public officer, person in authority
Par 3. offended is of higher rank, offender is of lower rank; both of tender age and older age; big disparity of age; women,
disrespect of sex; dwelling, 200 meters away from the dwelling buy snifing rifle; home is place to rest; sanctity
Par 4 Killing his father in law in whose house he lived and who partially supported him. Those persons given certain
benefits that no one cannot forget.
Par 5 Crime is committed in Palace, in the presence of Chief Executive, public places where public function is being held,
religious worship;
Par 6 period of darkness; facilitated, especially sought and took advantage thereof; uninhabited place; place of the
commission and help is hard to get. No help is forthcoming; nighttime is absorbed in treachery; band or quadrille; armed
men acted together in the commission of the crime provided with means of violence; all criminally liable; brigandage, four
or more persons purpose of kidnapping and ransom; indiscriminate in character;
Par 7 taken advantage of to add to the their suffering by taking advantage of their misfortune to despoil them; after the
earthquake, directly or indirectly; armed men must take part directly or indirectly; Aid of armed men ( atleast 2 );
Rescidivist, during his trial he is convicted of another crime of the same title under RPC; even 30 years is still applicable;
Generic aggravating circumstance;
Par 8
Par 9
Par 10
Par 11 Price, reward or promise
Par 12
Par 13 intelligent person; 1 hours is enough to clung to his determination to commit the crime; sufficient lapse of time to
allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will
Par 14 Craft involves intellectual trickery and cunning on the part of the accused; Craft is chicanery resorted to by the
accused to aid in the execution of his criminal design. Craft and fraud may be absorbed by treachery and evident
predetermination; disguise is act resulting to devise to conceal his identity. 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.
Par 15 Only crime against person; Special complex crime; Robbery in homicide ( treachery is appreciated in homicide );
aggression is continuous, present in the end of the assault ( not appreciated ); specific person is in mind; but the victim is
different; the intended must be the victim otherwise treachery is not applied; aberration ictus and preater intentionem;
craft, means and methods and forms, band, aid of arm men, nighttime absorbed in treachery; means employed add
ignominy, crimes against person, chastity and honor, act of cruelty; aggravating circumstance against person; Ignominy
( add disgrace or moral suffering ) People vs Torrefiel; Cruelty adds pain, torture
Par 16
Par 17
Par 18 There is an unlawful entry when an entrance is affected by a way not intended for the purpose
Par 20 minor ( under 18 years of age not acting with discernment )
Par 21