UNIVERSITY OF PERPETUAL HELP-MOLINO

LECTURE GUIDE IN CRIMINAL LAW I

MODULE III
CHAPTER FOUR – CIRUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY

Art. 14. Aggravating circumstances. — The following are aggravating

circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public
authorities.
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 or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his
presence, or where public authorities are engaged in the discharge of their duties, or in
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, 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. Whenever more than three-armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committee by a band.
8. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
9. That the crime be committed with the aid of armed men or persons who insure
or afford impunity.
10. That the accused 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 of another crime embraced in the same title of
this Code.
11. 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.
12. That the crime be committed in consideration of a price, reward, or promise.
13. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage thereto, derailment of a locomotive, or
by the use of any other artifice involving great waste and ruin.
14. That the act be committed with evidence premeditation.
15. That craft, fraud, or disguise be employed.
16. That advantage be taken of superior strength, or means be employed to
weaken the defense.
17. That the act be committed with treachery (alevosia)
There is treachery when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising from the
defense which the offended party might make.
18. That means be employed or circumstances brought about which add ignominy
to the natural effects of the act.
19. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is affected by a way not intended for the
purpose.
20. That as means to the commission of a crime a wall, roof, floor, door, or window be
broken.
21. 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).
 22. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.

KINDS OF AGGRAVATING CIRCUMSTANCES

1. Generic - that which generally applies to all crimes like recidivism.
2. Specific- that which applies to a particular felony like cruelty in crimes against
persons.
3. Qualifying – that which changes the nature of the felony, as in treachery in murder.
4. Inherent- that which is part of the felony committed, as unlawful entry in robbery with
force upon things.

A. TAKING ADVANTAGE OF OFFICIAL POSITION (Art. 14, Par. 1)

The offender is a public officer who availed of the influence or reputation inherent
in his position for the purpose of committing the crime. The offender must avail himself
of the prestige, or ascendancy which goes with his position as a means of securing the
execution of the crime. In other words. The position must in any way facilitate its
commission.
B. CRIME COMMITTED IN CONTMEPT OF OR WITH INSULT TO PUBLIC
AUTHORITIES (Art. 14, Par. 2)

Requisites:
a. The public authority is engaged in the discharge of his duties.
b. He is not the person against whom the crime is committed.
c. that the offender knows of the identity of the public authority.

Meaning of “Public Authority”

A public authority, sometimes called a person in authority, is a public officer which is
directly vested with jurisdiction, that is, a public officer which has the power to govern
and execute the laws. The councilor, the mayor, the governor, etc., are persons in
authority. The Barangay Captain is also a person in authority.
C. ACT COMMITTED WITH INSULT OR LACK OF REGARD DUE TO OFFENDED
PARTY BY REASON OF AGE, SEX OR RANK OR THE CRIME IS COMMITTED IN
THE DWELLING OF THE OFFENDED PARTY, IF THE LATTER HAS NOT GIVEN
PROVOCATION (Art. 14, Par. 3)

Meaning of “With Insult or in Disregard”

“With insult or in disregard” means the specific fact of insult or disregard of the sex, age
or rank of offended party who is a woman older or of higher rank than the accused.

Example of cases involving disregard of rank

1. Killing of judge because he was strict.
2. The accused, a clerk, killed the victim who was a ranking official of the Civil Service
Commission.
Example of cases involving disregard of age
1. The accused was 45 years of age, and the offended party was an octogenarian.
2. The victim in the crime of murder is a 3-year-old child.
The aggravating circumstance of disregard of the victim’s age is applicable only to
crimes against persons and honor.

Example of cases involving disregard of sex

1. The killing of an old woman, a sexagenarian, was attended by disrespect on account
of her sex.

DWELLING
“Dwelling” includes dependencies, staircase, and enclosures under the house.
Dwelling includes a room in a boarding house.
Dwelling need not be owned by the victim. Thus, in one case this aggravating
circumstance was appreciated although the victims were killed while sleeping as guests
in the house of another. As aptly stated in the case of People v. Balansi, one does not
lose his right to privacy where he is offended in the house of another because as invited
guest, he is sheltered by the same roof and protected by the same intimacy of life it
affords.
In the aggravating circumstance of dwelling, it is required that the crime be wholly or
partly committed therein or in any integral part thereof and the place be actually and
exclusively used as living quarters or for dwelling purposes.
D. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS (Art. 14. Par. 4)
Requisites:
a. the offended party has trusted the offender;
b. the offended abused such trust; and
c. that such abuse of confidence facilitated the commission of the crime.
This aggravating circumstance is to be considered where there exists trust and
confidence between the accused and the victim and the accused mase use of such
relation to commit the crime.
It is essential that the confidence between the parties must be immediate and personal
such as would give the accused some advantage or to make it easier for him to commit
the crime. That such confidence was a means of facilitating the commission of the
crime, the culprit taking advantage of the offended party’s belief that the former would
not abuse such confidence.
E. CRIME COMMITTED IN (A) PALACE OF THE CHIEF EXECUTIVE (B) IN HIS
PRESENCE; (C) WHERE THE PUBLIC AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THE DUTIES; (D) IN A PLACE DEDICATED TO RELIGIOUS
WORSHIP (Art. 14, Par. 5)
Performance of any function is not necessary if the crime is committed in the palace of
the Chief Executive or in his presence or in a place dedicated to religious worship. But
there must be some performance of public functions as regards the place where the
public authorities are engaged in the engaged in the discharge of their duties.

F. NIGHTTIME, UNINHABITED PLACE OR BAND (Art. 14. Par. 6)

Nocturnity/Nighttime
Nighttime is that period of darkness beginning at the end of dusk and ending at
dawn. Night is defined as that period from sunset to sunrise. To be aggravating, the
crime must be committed exclusively at night. So, if the commission of the crime
commenced at daytime and was consummated at nighttime, it is not aggravating.
Nighttime becomes aggravating when it is especially sought by the offender and
taken advantage of by him to facilitate the commission of the crime to ensure immunity
form capture.
Two tests for nocturnity as an aggravating circumstance
They are the (a) objective test, under which nocturnity is aggravating because it
facilitates the commission of the crime; and (b) the subjective test, under which
nocturnity is aggravating because it was purposely sought for by the offender.
The two tests must be applied in the alternative. Even if nocturnity was not purposely
chosen, it will still be present if it facilitated the commission of the crime.

Uninhabited Place
Uninhabited place is aggravating if it is shown that such facilitated the
commission of the crime or the offender took advantage of the isolated place either (a)
that he might better attain his end, free from molestation, or (b) that he might
better secure himself against detection.
Uninhabited place is determined not by the distance of the nearest house to the
scene of the crime but whether or not in the place of the commission of the offense
there was a reasonable possibility of the victim receiving some help.

Band
Consists of at least four-armed malefactors organized with the intention of
carrying out any unlawful design. They should have acted together in the commission of
the crime. If one has no direct participation in the commission of the crime like a
principal by inducement, there is no band .

G. CRIME COMMITTED ON THE OCCASION OF CALAMITY (Art. 14, Par. 7)

This aggravating circumstance is committed on the occasion of, or during
conflagration, shipwreck earthquake, epidemic or other calamity or misfortune.

H. AID OF ARMED MEN WHO INSURE OR AFFORD IMPUNITY (Art. 14. Par. 8)
The armed men present must take part, either directly or indirectly in the
commission of the crime by the offender. But it must not appear that the offender
as well as those armed men acted under the same plan and for the same
purpose as there will be conspiracy.
I. RECIDIVISM (Art. 14, par. 9)
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 the Revised Penal Code.
What is controlling is the time of trial, not the time of the commission of the crime.

J. REITERACION OR HABITUALITY (Art. 14. Par. 10)

In reiteracion, it is essential that the offender be previously punished, that is, he
has served his sentence, for an offense in which the law attached, or provides for
an equal or greater penalty than that attached by law to the second offense, or
for two or more offenses in which the law attaches a lighter penalty. The two
offenses are not embraced in the same title of the Code.

RECIVIDISM DISTINGUISHED FROM REITERACION/HABITUALITY

REITERACION RECIDIVISM
The offender is previously punished It is enough that there is a previous
conviction by final judgment
The Offenses are not embraced in the The offenses must be embraced in
same title of the Code the same title of the Code
Is not always aggravating as its If present, is always considered
appreciation rests upon the discretion aggravating
of the court

K. COMMISSION OF A CRIME IN CONSIDERATION OF A PRICE, PROMISE OR

REWARD (Art. 14, Par. 11)
If the money was given without any previous promise, after the commission of
the crime as an expression of sympathy, this circumstance cannot be present.

L. COMMISSION OF A CRIME BY MEANS OF INUNDATION, FIRE, POISON,

EXPLOSION, STRANDING OF A VESSEL OR INTENTIONAL DAMAGE THERETO,
DERAILMENT OF LOCOMOTIVE OR THE USE OF ANY ARTIFICE INVOLVING
GREAT WASTE AND RUIN
 This is the only aggravating circumstance that may constitute a crime in itself.

So, if a building is set on fire to burn it, the crime committed is arson. If as a
result of the burning of the building, somebody dies, the crime committed is arson only
and the death of the person will be absorbed in the crime of arson.
If the building is burned as a means to kill the occupant, the crime will be murder,
not murder with arson.
If the explosion was used as a means to kill the occupant of the building who
died as a consequence, the crime will be murder.

M. EVIDENT PREMEDITATION (Art. 14. Par. 13)

The elements of evident premeditation are: (a) the time when the accused
determined to commit the crime (b) an act manifestly indicating that the accused
has clung to his determination; and (c) a sufficient lapse of time between such
determination and execution to allow him to reflect upon the consequences of his
acts.
Evident premeditation cannot be considered to qualify a murder where it is not
shown when the plan to kill was hatched, or what time elapsed before it was carried out.

N. CRAFT, FRAUD OR DISGUISE IS EMPLOYED (Art. 14, Par. 14)

Craft is cunning or intellectual trickery or chicanery resorted to by the accused to
carry out his evil design.
Examples:
1. There is craft when the accused assumed a position of authority to gain entrance in a
house to enable him to be alone with the offended party to commit acts of
lasciviousness upon her.
2. Feigning friendship, accused was able to lure the victim to the uninhabited place
where the crime was thereafter committed.
Fraud constitutes deceit and manifested by insidious words or
machinations as illustrates in the case of the stepfather of the offended party, who
taking advantage of the absence of her mother, took the young girl away and told her
she was to be taken to the house of her godmother but instead she was taken to
another house where she was raped.
 Disguise is the concealing of identity. It is not aggravating if it did not facilitate
the commission of the crime, or it is not taken advantage of by the accused in the
course e of the assault.
The test of disguise is whether the device or contrivance resorted to by the
offender was intended to or did make identification more difficult, such as the use of a
mask.

O. ABUSE OF SUPERIOR STRENGTH (Art. 14, Par. 15)

The aggravating circumstance of abuse superior strength depends on the age.
Size and strength of the parties. It is considered when there is notorious inequality of
forces between the victim and the aggressor, assessing a superiority of strength
notoriously and advantageously for the aggressor which is selected or taken advantage
of by him in the commission of the crime.
There must be a deliberate intent to take advantage of the same.

P. MEANS BE MEPLOYED TO WEAKEN THE DEFENSE (Art. 14. Par 16)

Examples:
1. Intoxicating a victim with intention to kill him is characterized by means
employed to weaken the defense.
2. Suddenly casting sand or dirt upon the eyes of the offended party and then
wounding him.

Q. TREACHERY (Art. 14. Par. 17)

Treachery is applicable in crimes against persons only. It is qualifying in murder
and in serious physical injuries.
The essence of treachery lies in the adoption of ways that minimize or neutralize
any resistance which may be put up by the offended party.
There is treachery, when the offender commits any of the crimes against
persons, employing means, methods or forms in the execution thereof which tend
directly and specially to ensure its execution, without risk to himself arising from the
defense which the offended party might make.
ELEMENTS:
1. The employment of means of execution that gives the person attacked
no opportunity to defend himself or retaliate; and
 2. The means of execution were deliberately or consciously adopted.

Examples where there is treachery:

1. If the deceased was killed while asleep.
2. If the deceased was shot while answering the call of nature.
3. If the hands of the victim were tied when attacked.
4. Where the victim was shot while lying on the floor.

R. MEANS EMPLOYED OR CIRCUMSTANCES BROUGHT ABOUT TO ADD

IGNOMINY TO THE NATURAL EFFECTS OF THE CRIME (Art.14. Par. 18)
Ignominy is defined as a circumstance pertaining to the moral order, which adds
disgrace and obloquy to the material injury caused by the crime. Example: raping a
woman in front of her husband.
Ignominy distinguished from Cruelty
- Ignominy produces moral suffering, while cruelty produces physical suffering.

S. UNLAWFUL ENTRY (Art. 14. Par. 19)

Unlawful entry exists when an entrance into a building is made by a way not
intended for the purpose. Entering through a window is unlawful entry. The unlawful
entrance must be made for the purpose of committing a crime like rape or murder.
Unlawful entry to be considered aggravating must be for the purpose of entrance
and not for the purpose of escape.

T. AS A MEANS TO COMMIT A CRIME, A WALL, ROOF, FLOOR, DOORS, OR

WINDOWS BE BROKEN (Art. 14, Par. 20)
To be considered as an aggravating circumstance, breaking the door must be
utilized as a means to the commission of the crime.

U. COMMISSION OF THE CRIME WITH THE AID OF PERSONS UNDER 15 YEARS

OR BY MEANS OF MOTOR VEHICLES, AIRSHIPS, MOTORIZED WATER CRAFT
OR SIMILAR MEANS (Art. 14, Par. 21)
 This circumstance will be considered when there is a showing that the motor
vehicle was purposely used to facilitate the commission of the offense or when it is
shown that without it the offense charged could not have been committed or was
intentionally sought to ensure the success of the nefarious enterprise.
“Other similar means” should refer to other means of transportation that are similar to
motor vehicles or airships. A scooter and a motorcycle are included under “similar
means”

V.THE WRONG DONE IN THE COMMISSION OF THE CRIME IS DELIBERATELY

AUGMENTED BY ANOTHER WRONG NOT NECESSARY FOR ITS COMMISSION
(Art. 14, Par. 22)
For cruelty to be considered as aggravating circumstance, it is essential that the
wrong done in the commission of the crime be deliberately augmented and that such
wrong is unnecessary for the accomplishment of the purpose of the offender.
There is cruelty when the culprit enjoys and delights in making his victim suffer
slowly and gradually, causing unnecessary moral and physical pain in the
consummation of the criminal act which he intended to commit.

CHAPTER V
ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. – Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission. They are the relationship,
intoxication, and the degree of the instruction or education.

Relationship
Is taken into consideration when the offended party is the spouse ascendant,
descendant, legitimate, natural or adopted brother or sister or relative by affinity in the
same degree.
When aggravating
Relationship is aggravating in crimes against persons if the offended party is a
relative of higher degree or when the offender and the offended party are relatives of
the same level.
As a rule, relationship is mitigating if the offended party is of a lower degree than that of
the offender.

Intoxication
Intoxication is mitigating if it is not habitual, or it is not subsequent to the plan of
the commission of a felony. It is aggravating if it is habitual or intentional.

To be mitigating, it must be shown; (1) that at the time of the commission of the
criminal act, the accused has taken such quantity of alcoholic drinks s to blur his reason
and deprive him of a certain degree of control, and (2) that such intoxication is not
habitual or subsequent to the plan to commit the felony.
To be aggravating, there must be evidence of excessive and habitual use or
specific purpose to commit the crime by getting drunk, otherwise, it will be mitigating.

Degree of Instruction and Education/Lack of Education

It is not illiteracy alone but lack of sufficient intelligence and knowledge of the full
significance of all acts, which only the trial court can appreciate what constitute the
mitigating circumstances of lack of instruction.