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CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY (AGGRAVATING CIRCUMSTANCES)

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 1. That the public authority I engaged in the with insult to the public authorities. exercise of his functions 2. That the public authority is not the person against whom th 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 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.

recidivist

Abuse of confidence 1. That the offended party had trusted the offender 2. That the offender BUSED THE confidence of the offended party 3. That the abuse of confidence facilitated the commission of the crime Obvious ungratefulness 1. That the offended party had trusted the offender 2. Abused such trust by committing a crime against the offended party 3. That the act be committed with obvious ungratefulness 5. That the crime be committed in the palace of 1. When it facilitated the commission of the Chief Executive or in his presence, or where the crime public authorities are engaged in the discharge 2. When especially sought for by the of their duties, or in a place dedicated to offender to insure the commission of religious worship. the crime or for the purpose of impunity 3. When the offender took advantage thereof for the purpose of impunity 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. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 8. That the crime be committed with the aid of 1. that the men or persons took part in the armed men or persons who insure or afford commission, directly or indirectly impunity. 2. that the accuser availed himself of their aid or relied upon them when the crime was committed 9. That the accused is a recidivist. 1. That the offender is on trial for an A recidivist is one who, at the time of his trial offense for one crime, shall have been previously 2. That he was previously convicted by convicted by final judgment of another crime final judgementof another crime embraced in the same title of this Code. 3. That both the first and the second offenses are embraced in the same title of the code

Reiteracion or habituality

That the offender is convicted of the new offense 10. That the offender has been previously 1. That the accused is on trial for an offense punished by an offense to which the law 2. That he previously served sentence for another attaches an equal or greater penalty or for two offense to which the law attaches an equal or or more crimes to which it attaches a lighter greater penalty or 2 or more lighter penalties than penalty. that for the new offense 3. That he is convicted of the new offense 11. That the crime be committed in Reward must be the primary reason or premordial consideration of a price, reward, or promise. motive for the commission of the crime 12. That the crime be committed by means of inundation, fire, poison, 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. 13. That the act be committed with evidence 1. The time when the offender premeditation. determined to commit the crime 2. An act manifestly 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 14. That the craft, fraud or disguise be employed. 15. That advantage be taken of superior strength, or means be employed to weaken the defense. 16. 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. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 18. That the crime be committed after an unlawful entry. 19. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. 20. 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). 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. 1. that the injury caused be deliberately increased by causing other wrong 2. that the other wrong be unnecessary for the executon of the purpose of the offender 1. That at the time of the attack, the victim was not in a position to defend himself That the offender consciously adopted the particular means, method or form of attack employed by him

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alevosia

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Considered present in: mistake in personnae and aberratio ictus