AGGRAVATING CIRCUMSTANCE

are those which, if attendant in the commission of the crime, serve to increase the
penalty without, however, exceeding the maximum of the penalty provided by law for
the offense
TYPES
GENERIC
Generally apply to all crimes.
Example - dwelling, nighttime, recidivism
SPECIFIC
▪ Particular crimes
Example - ignominy in crimes against chastity; Cruelty; treachery in crimes against
persons
QUALIFYING
Changes the nature of the crime
▪ Example - Alevosia, evident premeditation qualifies the killing of a person to murder.
INHERENT
Must of necessity accompany the commission of the crime
▪ Example - evident premeditation is inherent in robbery, theft, estafa, adultery,
concubinage

1. That advantage be taken by the offender of his position

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
2. That the crime be committed in contempt of or with insult to the public
authorities
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
▪ His presence has not prevented the offender from committing
the criminal act. *essential*
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

1. RANK OF OFFENDED PARTY

▪ There must be a difference in the social condition of the offender and the offended
party or high social position or standing
2. AGE OF OFFENDED PARTY
▪ When the offended person, by reason of age, is old enough to be the father of the
offender.
3. SEX OF OFFENDED PARTY
▪ Refers to the female sex, not the male sex.
4. THAT THE CRIME BE COMMITTED IN THE DWELLING OF THE OFFENDED
PARTY
▪ Crime was committed in one’s dwelling
▪ Offended party must not give provocation
4. That the act be committed with (1) abuse of confidence or (2)obvious
ungratefulness
▪ ABUSE OF CONFIDENCE
1. Offended party had trusted the offender
2. Offender abused such trust by committing a crime against the offended party
3. Abuse of confidence facilitated
▪ OBVIOUS UNGRATEFULNESS
1.)That the act must be manifest and clear with obvious ungratefulness
5. That the crime be committed in the palace of the Chief of executive, or inhis
presence, or where public authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.

✓ The place of the commission of the felony (par 5), if it is in Malacanang palace or
church, is aggravating, regardless of whether the state or official or religious functions
are being held.

✓ The mere presence alone of the Chief Executive (need not be in the palace) to
constitute such aggravating circumstance.

✓ ^and even if such public authority is not engaged in the discharge of his duties where
the crime is committed.

✓ BUT as regards to the place where the public authorities are engaged in the
discharge of their duties, there must be some performance of public functions.

✓ Offender MUST have intention to commit a crime when he entered the place

6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place,
or (3) by a band, whenever such circumstance may facilitate the commission of
the offense.
When nighttime, uninhabited place or band is aggravating
1) When it facilitated the commission of the crime; or
2) When especially sought for by the offender to insure the commission of the crime of
for the purpose of impunity
3) When the offender took advantage thereof for the purpose of impunity
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune
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.
8. that the crime be committed with the aid of (1) armed men, or (2) persons who
insure or afford impunity
1) That armed men or persons took part in the commission of the crime, directly or
indirectly
2) That the accused availed himself of their aid or relief upon them when the crime was
committed.
9. That the accused is a RECIDIVIST
1. That the offender is on trial for an offense;
2. That he was previously convicted by finaljudgment 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.
10. That the offender has been previously punished for an offense to which the
law attaches an equal or greater penalty for two or more crimes to which it
attaches a lighter penalty
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.
11. That the crime be committed in consideration of a price, reward of promise.
1. Presupposes 2 or more offenders/principals
• Principal by inducement/offeror
• Principal by participation/acceptor
2. Price, reward or promise must be for the purpose of inducing another to perform the
deed.
12. 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 waste and ruin.
▪ 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 waste and
ruin.

13. that the act be committed with evident premeditation

▪ evident premeditation
14. That (1) craft, (2) fraud, or (3) disguise be employed
1) craft,
2) fraud,
3) disguise be employed
15. that (1) advantage be taken of superior strength or (2) means be employed to
weaken the defense
ABUSE OF SUPERIOR STRENGTH
Intentional use of superior strength
1. Where there is excessive force out of proportion to the means of defense available to
person attacked.
2. When there is a NOTORIOUS INEQUALITY of forces between aggressor and the
victim (age, size and
strength)
3. Numerical superiority
4. Offender uses a powerful weapon which is out of proportion to defense.
WEAKEN DEFENSE (absorbed in the next section : treachery)

16. That the act be committed with treachery (alevosia)

Requisite:
1) That at the time of the attack, the victim was not in a position to defend himself
2) That the offender consciously adopted that particular means, method or form of
attack employed by him.
17. That means be employed or circumstances brought about which add
IGNOMINY to the natural effects of the act
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.
18. that the crime be committed after an unlawful entry.
▪ Unlawful entry
19. that as a means to the commission of a crime, a wall, roof, floor or window be
broken
1) Breaking of a part of the building
2) To effect entrance only
3) Utilized in the commission of the crime
20. that the crime be committed (1) with the aid of persons under 15 years of age
or (2) by means of motor vehicles, airships or similar means
▪ 1) with the aid of persons under 15 years of age or
▪ (2) by means of motor vehicles, airships or similar means
CRUELTY
1) That the injury caused be deliberately increased by causinganother 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