AGGRAVATING CIRCUMSTANCES (ART 12)
Those which, if attendant in the commission of a crime, serve to increase the penalty without exceeding the maximum of the penalty provided by law
Greater perversity of offender manifested in commission of felony
GENERIC QUALIFYING AGGRAVATING
Those that change the nature of the
crime (i.e alevosia or evident
Those that can generally apply to crimes.
premeditation qualifies the killing of a
person to murder);
Offset by MC? YES
Penalty? Maximum PERIOD
Offset by MC? NO
Penalty? 1 DEGREE higher
a. Recidivist under Gambling law
(PD 1602)
b. Cyber-crime of libel
(RA 10175)
1. Contempt or insult to public authority
c. Leader of band
(2)
(Art. 295)
2. Crime committed in the dwelling of
d. Art. 248. Murder
the offended party (3)
i. With treachery, taking advantage
of superior strength, with the aid of
3. Abuse of confidence or obvious
armed men, or employing means to
ungratefulness (4)
weaken the defense or of means or
persons to ensure or afford
4. Place and time of commission of
impunity
offense (5)
ii. In consideration of a price, reward,
or promise
5. Nighttime, uninhabited place, or band
iii. By means of inundation, fire,
(6)
poison, explosion, shipwreck,
stranding of a vessel, derailment or
6. Recidivism (9)
assault upon a street car or
locomotive, fall of an airship, by
7. Habituality (10)
means of motor vehicles, or with
the use of any other means
8. Craft, fraud, or disguise (14)
involving great waste and ruin.
iv. On the occasion of any of the
9. Unlawful entry (18)
calamities enumerated in the
preceding paragraph, or of an
10. Breaking of parts of the house (19)
earthquake, eruption of a volcano,
destructive cyclone, epidemic or
11. Use of persons under 15 yrs. of age
other public calamity.
(20)
v. With evident premeditation.
vi. With cruelty, by deliberately and
inhumanly augmenting the
suffering of the victim, or
outraging or scoffing at his person
or corpse.
SPECIAL
Those which arise under special
conditions to increase penalty of crime
Offset by OMC and PMC? NO
Penalty? 1 DEGREE higher
a. Complex crimes (Art. 48)
b. Advantageous use of public position
(Art 62)
c. Taking advantage of public position
(1)
d. Quasi-recidivism: commission of
another crime during service of
penalty imposed for another previous f. Violation of domicile (Art. 128)
offense (Art. 160)
e. Use of unlicensed firearm
i. For homicide or murder
(RA 8294)
ii. When inherent in the crime
(RA 10591)
iii. In the commission of brigandage
(Art. 306)
f. Error in personae (Art. 49)
SPECIFIC INHERENT
Those that must necessarily accompany
Those that apply only to particular crimes the commission of the crime
Offset by MC? YES Not appreciated as aggravating
Penalty? Maximum PERIOD circumstances
Does NOT increase penalty
a. Disregard of rank, age, sex, due to the
offended party applicable only in
crimes against persons and honor (3)
b. Abuse of superior strength or means
be employed to weaken the defense
applicable only in crimes against
persons (15)
Other examples:
a. Ignominy in rape (Art. 266-A)
c. Treachery applicable only in crimes
against persons (16)
b. Fraud in estafa (Art. 315)
d. Ignominy applicable only in crimes
c. Breaking of a wall or unlawful entry
against persons (17)
into a house in robbery with the use
of force upon things (Art. 299)
e. Cruelty in crimes against persons (21)
d. Abuse of public position in
malversation of public funds and
property (Art. 217)
g. Interruption of religious worship (Art.
132)
e. Deceit in simple seduction (Art. 338)
h. Direct assault (Art. 148)
f. Evident premediation in:
i. Robbery
i. Less serious physical injuries (Art.
ii. Theft
265) ○ Slavery (Art. 272)
iii. Estafa
iv. Adultery
j. Qualified trespass to dwelling (Art.
v. Concubinage
280)
k. Grave threats (Art. 282)
l. Grave coercion (Art. 286)
m. Marriage contracted against
provisions of law (Art. 350)