AGGRAVATING CIRCUMSTANCES

Aggravating Circumstances – are those which if attendant in the commission of the offense,
would serve to increase the penalty.
THE 21 AGGRAVATING CIRCUMSTANCES
1. Advantage of public position -
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age, or sex of the offended party; the crime is committed in the
dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the chief executive, or in his presence, or a place where authorities discharge
their duties, or place of religious worship
6. Night time, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward, or promise
12. Inundation, fire, poison, etc.
13. Evident premeditation
14. Craft, fraud, or disguise
15. Superior strength or means to weaken defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
DISTINCTION BETWEEN MITIGATING AND AGGRAVATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES AGGRAVATING CIRCUMSTANCES
1a. Includes analogous circumstances – Exclusive to the curtail discretion of the judge
showing liberality of the law in favor of the to determine what other circumstances may
accused. increase the penalty.
2a. May lower the penalty by degrees (2A) Increases penalty to the maximum
3a. A matter of defense which does not Must be alleged in the information before
alleged in the information. they can be appreciated in court.

THE 21 AGGRAVATING CIRCUMSTANCES

1. Advantage of public position – taking advantage of public position
 “Did the accused abuse his office in order to commit the crime?”—If “yes” then this
circumstance is present. (Sanchez vs Demetriou)
 It is considered present when the offender falsifies (alter) a document in connection with
the duties of his office which consist of either making or preparing or otherwise
intervening in the preparation of a document.
 The accused use his service firearm to shoot the victim should not be considered as
taking advantage of public position. For such to be considered aggravating, the public
official must use the influence, prestige, and ascendancy which his office gives him in
realizing his purpose. (PP vs Amion).
2. In contempt or with insult to public authorities – contempt of authorities
REQUISITES:
1. The public authority is engaged in the discharge of his duties.
2. Offender knows the identity of the public authority. (eg. kapag alam mong isang
teacher, nurse, etc. ang isang tao)
3. The crime was committed in his presence. (It must not be against the person in
authority for then the crime would be direct assault and these circumstances will be
absorbed being inherent therein.) (alam mong nandon yung mayor, municipal
councilor, instructor, nurse etc., and yet you committed the crime, dahil insulting para
sa isang public authority na gumagawa ka ng krimen kahit na andon na siya mismo or
habang nakikita ka niya. eg. nagtuturo yung professor mo sa Criminal Law habang
ikaw ninanakawan mo yung kaklase mo.)
 Public authorities – persons in authorities (public school teachers, instructors, municipal
health officers, nurses, municipal councilors, agents of bureau of internal revenue,
government officials)
 PUBLIC AUTHORITY – covers not only persons in authority but also agents of person
in authority and other public officers. (Rodgriguez, 19 Phil. 150)
 PUBLIC SCHOOL TEACHERS is now considered a person in authority (under CA 578
amending Art. 152)
 So is the:
1. Town Municipal Health Officer or a nurse
2. Municipal Councilors
3. Agent of the Bureau of Internal Revenue
3. Disrespect on the rank, age, or sex of the offended party; the crime is committed in
the dwelling of offended party - That the act be committed with insult or disregard of
the respect due to 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 -
Disregard on the rank, age, sex, and dwelling of victim.
AGE, SEX, RANK, AND DWELLING
 There must be PROOF that the offender deliberately intended to offend or insult the of
the offended. Thus, circumstance cannot co-exist with passion and obfuscation because
here the offender lost his control or reason. (dapat may evidence na yung pag gawa ng
krimen has something to do with the age, sex, rank, or dwelling of the victim)
 RANK - should be given a plain, ordinary meaning hence refers to high social
positioning or standing. (eg. Gusto mo siyang patayin dahil sa high social position niya,
standing sa pamumuhay)
 DWELLING - includes dependencies staircase and enclosures under the house. Not
necessarily the house be owned by the offended. It is exclusively used for rest or comfort.
(yung krimen na ginawa mo is intended talaga sa dwelling or house nung biktima, eg.
Gusto mong rape-in sa kusina or kwarto nila yung biktima)
Note: Kung hindi mo cinonsider yung age, sex, rank, and dwelling ng biktima, talagang
gusto mo lang gawin yung crime regardless of these elements to be considered, hindi siya
kasama sa aggravating circumstances.
4. That the act be committed with abuse of confidence or obvious ungratefulness -
Abuse of confidence or obvious ungratefulness
REQUISITES:
1. Offended has trusted the offender
2. Offender abused such trust
3. Such abuse of confidence facilitated commission of the crime (pinagkatiwalaan yung
offender, pero inabuso niya yung tiwalang yon, to the point na nakagawa na siya ng
krimen. Eg. kapag ang isang tao pumasok bilang isang helper sa isang bahay,
pinagkatiwalaan siya ng mga amo niya, pero nung tumagal ninakawan niya yung mga
naninirahan doon)
Note: The confidence between parties must be immediate and personal.
5. Palace of the chief executive, or in his presence, or a place where authorities
discharge their duties, or place of religious worship – That the crime be committed in
the a. palace of the Chief Executive or b. in his presence (Chief Executive), or where
public authorities are engaged in the discharge of their duties, or c. in a place dedicated to
religious worship – Place of President public places or those dedicated to worship.
(ginawa mo yung crime sa malacanang palace, sa city hall, municipal hall, kapilya,
cathedral, church etc.)
6. Night time, uninhabited place, band – 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. (inantay mo talaga yung gabi para magawa or gawin yung
isang krimen, kasi kapag sa umaga mo ginawa, baka makita ka)
UNINHABITED PLACE – one where there are no houses or where the houses are
scattered at a great distance from each other.
BAND – 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. (should
be 4 or more persons to be considered a band.)
Q: When is nighttime, uninhabited place, and band aggravating?
A: 1. When the offender took advantage thereof for the purpose of impunity.
2. When specially sought for by the offender to insure the commission of the crime
(nasiguro yung pag gawa ng krimen)
 3. When it facilitated the commission of the crime. (napadali yung pag gawa ng krimen)
7. On occasion of conflagration, shipwreck etc. – That the crime be committed on the
occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or
misfortune. – Taking advantage of calamity, disaster.
8. Aid of armed men – That the crime be committed with the aid of armed men or person
who insure or afford impunity. (para magawa mo yung isang krimen, nagpatuloy ka sa
ibang tao, at yung mga taong yon ay mga armado)
9. Recidivist – That the accused is a recidivist – recidivism
RECIDIVIST – 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.
REQUISITES:
1. That the offender is on trial for an offense
2. The he was previously convicted by final judgment
3. That both the first and the second offenses are embraced in the same title of the Code
(eg. yung offender ay convicted na noon ng crime ng theft, ngayon naman ang trial
niya is crime of robbery, nagffall sa same title yung dalawang krimen na ginawa niya
which is crime against property)
4. That the offender is convicted of the new offense
10. Reiteration – That the offender has been previously punished by an offense to which the
law attaches an equal or greater penalty or for two o more crimes to which it attaches a
lighter penalty. – Reiteracion or habituality (paulit ulit niyang ginagawa)
REQUISITES:
1. That the accused is on trial for an offense
2. The 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
3. That he is convicted of the new offense
Note: The crimes that the offender committed should not be embraced or should not fall
on the same title of the Revised Penal Code.
FOUR FORMS OF REPETITION
1. RECIDIVISM
2. REITIRACION OR HABITUALITY
3. MULTI-RECIDIVISM OR HABITUAL DELINQUENCY
4. QUASI-RECIDIVISM
Recidivism and Reiteracion
Reiteracion - must have served out his sentence for the first conviction; previous and
subsequent offense must not be embraced within the same title of the RPC
Recidivism – only a final judgment is needed and both offenses must be embraced within
the same title of the RPC
 Quasi-recidivist – is a person shall commit a felony having been convicted by final
judgment for an offense before beginning the service of such sentence or while serving
the same. Not necessarily embraced in the same title. (nakacommit ng felony and
naconvict na by final judgment, then bago niya iserve yung sentence niya or while
sineserve niya yung sentence niya, nakagawa nanaman siya ng isa pang felony)

4 REPETITIOUS OFFENDERS
RECIDIVIST REITERACION HABITUAL QUASI-
OR DELINQUENT RECIDIVIST /
HABITUALITY MULTI-
RECIDIVIST
One who at the He is an offender Within ten years A PERSON
time of his trial for who HAS BEEN THE ACCUSED IS AFTER HAVING
one crime, shall PREVIOUSLY CONVICTED OF BEEN
have been PUNISHED FOR: ROBBERY, CONVICTED
convicted by final THEFT, ESTAFA, SHALL COMMIT
judgment of An offense to which FALSIFICATION, ANOTHER
another crime the law attaches an SERIOUS OR FELONY WHILE
embraced in the equal or greater LESS SERIOUS SERVING HIS
same title of the penalty or PHYSICAL SENTENCE
Revised Penal For two or more INJURIES IS
Code. crimes to which it FOUND GUILTY
attaches a lighter OF ANY OF THE
penalty. SAID CRIME FOR
THE THIRD TIME
OR OFTENER.

11. Price, reward, or promise – That the crime be committed in consideration of a price,
reward, or promise. (ginawa mo yung crime dahil may price, reward, or may promise
sayo after mo magawa yung crime)
12. Inundation, fire, poison, etc. – That the crime be committed by means of inundation,
fire, poision, 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. – Fire,
poison, and other great waste and ruins. (eg. para siguradong mapatay mo yung isang tao,
nilagyan mo ng poison yung pagkain niya)
FIRE – instead na barilin mo, binuhusan mo ng gasoline at sinunog mo para mamatay
siya
STRANDING OF A VESSEL – sinira mo yung vessel para malunod yung mga taong
sakay non
DERAILMENT OF LOCOMOTIVE – sinira mo yung mga daanan para madisgrasya
yung tao
13. Evident premeditation – That the act be committed with evidence premeditation.
Pre – bago/new
 Mediation – pinagplanuhan mong mabuti
EVIDENT PREMEDITATION – it involves a determination to commit the crime prior
to the moment of its execution and also to carry out the criminal intent which must be the
result of deliberate, calculated PRE, and reflective thoughts through a period of time
sufficient to dispassionately consider and accept the consequences thereof indicating
greater perversity.
REQUISITES OF EVIDENT PREMEDITATION:
1. The time when the offender determined to commit the crime;
2. An act manifest 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. (may lapse of time na may chance siyang pag isipan yung
gagawin or ginawa niyang krimen)
14. Craft, fraud, or disguise – That the craft, fraud, or disguise be employed.
Craft (“ASTUCIA” in Latin) – is a circumstance characterized by trickery or cunning
(skill to deceive someone, para kang ginagayuma) resorted to by the accused, to carry out
his design. It is the use of intellectual trickery and cunning on the part of the accused.
Fraud (“FRAUDE” in Latin) – insidious words or machinations used to induce the
victim to act in a manner which would enable the offender to carry out his design.
Disguise (“DISFRAZ” in Latin) – it involves the deliberate effort of the accused to
conceal his identity in the commission of the crime.
15. Superior strength or means to weaken defense – That advantage be taken of superior
strength, or means be employed to weaken the defense. – Advantage of superior strength,
weakening of defense. (eg. alam mong matatalo ka sa kaaway mo, kaya nilasing mo
muna siya bago mo siya patayin para wala siyang lakas lumaban)
16. Treachery – That the act be committed with treachery (alevosia)
TREACHERY OR 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 take. (isang method or means para ma-execute mo directly yung
gusto mong magawa, hindi na kailangan nung offender na depensahan yung sarili niya
kasi hindi niya na bibigyan ng pagkakataon yung biktima na maglaban pa, papatayin niya
na agad agad)
17. Ignominy – That means be employed, or circumstances brought about which add
ignominy to the natural effects of the act.
IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime. It is a circumstance that tends to make
the effects of the crime more humiliating, thus adding to the victim’s moral sufferings.
(eg. nangrape yung offender ng isang babae, pero bote yung ininsert niya sa vagigi ng
babae)
18. Unlawful entry – That the crime be committed after an unlawful entry.
 UNLAWFUL ENTRY (ESCALAMIENTO) – There is an unlawful entry when an
entrance is affected by a way not intended for that purpose. (hindi naman yun yung
pasukan, pero doon ka pumasok para magawa mo yung krimen. eg. pumasok ka sa
bintana which is hindi naman intended for entrance)
19. Wall, roof, floor be broken – That as a means to the commission of the crime a wall,
roof, floor, door, or window be broken. – Broken wall, roof, floor, or window. (sinira mo
yung wall para makapasok sa isang establishment at isagawa yung krimen)
20. Aid of persons under 15, motor vehicle – 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. – Help of person under age, motor vehicle. (ginamit mo
yung menor de edad sa pag gawa ng isang crime)
21. Cruelty – That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissions.
CRUELTY (ENSANAMIENTO) – a circumstance whereby the offender enjoys and
delights in making his victim suffer slowly and gradually, causing him unnecessary
physical pain in the consummation of his criminal act. (eg. unti unting pinuputol yung
body parts ng isang tao hanggang sa mamatay siya)

AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY

Q: Robber X and Robber Y robbed a certain village upon the assurance of the barangay
tanod that they would not patrol the village on that night. What aggravating circumstance
is present?
A: Aid of persons who insure impunity
Note: Pwedeng multiple aggravating circumstances ang macommit ng isang tao, na magpapataas
ng parusa niya.
FOUR KINDS OF AGGRAVATING CIRCUMSTANCES
 Generic – generally applies to all crimes. (pwede sa lahat)
 Inherent – that must necessarily accompany the commission of a crime. (nasa crime
itself)
 Qualifying – that which changes the nature of the crime. (eg. ang homicide kapag
nadagdagan ng ibang elements, magiging murder)
 Specific – Those that apply only to a particular crime. (applies only to a certain crime)