Article 14 Aggravating Circumstances- The following are aggravating circumstances Section

That the advantage be taken by the offender of his public position. offender 2.Personal circumstance of the offender, and 3. Means used to secure the commission of the crime. That the crime be committed in contempt of or with insult to the public authorities. 1.Greater perversity of the offender, and 2. Lack of respect for the public authorities 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act.

Basis
1.Greater perversity of the

Requisites

Notes

That the act be committed

1.Greater perversity of the

Provocation must be:

Rank- refers to a high

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with insult or in disregard of the respect due the offended party on account of his rank, age, sex or that it be committed in the dwelling of the offended party, if the latter has not given provocation.

offender. 2.Personal circumstances of the offended party, and 3.Place of the commission of the crime

1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime.

social position or standing as a grade in the armed forces; or to a graded official standing or social position or status.
Two kind of Robbery 1. Robbery with violence against or intimidation of persons. 2. Robbery with force upon things in inhabited house.

That the act be committed with abuse of confidence or obvious ungratefulness.

1.Greater perversity of the offender.

1. That the offended party has trusted the offender. such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime.

2.Means and ways employed. 2. That the offender abused

That the crime be committed in the palace of the Chief

1.Greater perversity of the offender.

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executive, or in his presence or where public authorities are engaged in the discharge of their duties or in a place dedicated worship. That the crime be committed in the nighttime or in an uninhabited place, or by a band, the whenever commission of such an circumstances may facilitate offense. to religious

2.Place of the commission of the crime, which must be respected.

1.Time and place of the commission of the crime, and 2.Means and ways employed

Nighttime, uninhabited place or band is aggravating: 1.When it facilitated the commission of the crime. 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.

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.

That the crime be committed 1. Time of the commission of on the occasion of a the crime.

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conflagration, earthquake,

shipwreck epidemic, or and ways of 1. That armed men or person took part in the commission of 2. That the crime, directly or indirectly; the accused availed himself of their aid or relied upon them when the crime was committed.

other calamity or misfortune. That the crime be committed 1. Means with the aid of armed men or persons who insure or afford impunity. committing the crime.

That

the

accused

is

1.Greater perversity of the 1. That the offender is on trial Recidivism must be taken offender. 2.Inclination to crimes.

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.

for an offense;
2. That he was

into

account

as

an

previously .aggravating circumstance

have intervened between first and second are felonies

convicted by final judgment no matter how many years

of another crime; second offenses 3. That both the first and the the

embraced in the same title of the Code.

4. That the offender is convicted

of the new offense.

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That the offender has been Same as that of recidivism, 1. previously punished for an i.e., the greater perversity of attaches an equal or greater inclination to crimes. offense to which the law the offender as shown by his 2. penalty or for two or more crimes to which it attaches a lighter penalty.

That the offender is on Forms of repetition: 1.Recidivism 2.Reiteracion habituality 3.Multi-recidivism 4.Quasi-recidivism or habitual delinquency or That he previously served

trial for an offense; sentence for another offense

to which the law attaches an

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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.

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That the crime be committed in consideration of a price, reward, or promise. be means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment or a locomotive, or by the use ruin. of any other artifice involving great waste and

1.Greater perversity of the offender 2.Motivating power itself

That the crime be committed 1. Means and ways employed

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That the act be committed

1.Ways of committing the 1. The time when the offender Essence of Premeditation

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with evident premeditation.

crime 2.Deliberate planning of the act before executing it

determine crime,

to

commit

the

1. Must

be

preceded

by cool thought and reflection 2. Calm judgment.

2. An act manifestly indicating that the culprit has clung to his determination; and, 3. Sufficient lapse of time.

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That craft, fraud, or disguise be employed. That the advantage be taken of superior be strength, employed or to means

1.Means

employed

in the 1. Craft, Fraud and Disguise

commission of the crime

weaken the defense. That the act be committed 1. Means and ways employed Requisites of Treachery with treachery (alevosia). There is treachery when the offender commits any of this crime against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, himself without risk to the arising from 2. That the offender consciously adopted the particular means, method or form of attack employed by him. in the commission of the crime. 1. That at the time of the attack, the victim was not in a position to defend himself; and Rules treachery: 1.Applicable crime person. 2.Means, method or of forms need not insure accomplishment crime. 3.The mode of attack must be consciously adopted. only to the against regarding

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defense which the offended

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party might make.

Treachery means that the offended party was not given opportunity to make a defense.

That means be employed or circumstance brought about which add ignominy to the natural effects of the act.

1.Means employed

Ignominy-

is

circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime.

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That the crime be committed after an unlawful entry. There is unlawful entry when the entrance is effected by a way not intended for the purpose. That as a means to the

1.Means and ways employed to commit the crime.

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1.Means and ways employed to commit the crime.

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commission of a crime a wall, roof, floor, door, or window be broken. That the crime be committed

1.Means and ways employed to commit the crime.

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with the aid of persons under fifteen years of age, or by means of motor vehicle,

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airship, means.

or

other

similar 1.Means and ways employed to commit the crime. 1. That the injury caused be Cruelty- when the culprit deliberately increased by enjoys

That the wrong done in the commission of the crime be deliberately augmented for by its neither causing other wrong nor necessary commission.

and and

delights

in

causing other wrong.

making his victim suffer gradually, in of the the

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2. That the other wrong be slowly of the purpose of the physical

unnecessary for the execution causing him unnecessary

pain

offender.

consummation criminal act.

Alternative Circumstances
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 commissions Basis Nature and effects of the crime and the other conditions attending its commissions

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