ARTICLE 14

Aggravating Circumstances

12) That the crime be committed by means of inundation,

fire, poison, explosion, stranding of a vessel or

The following are aggravating circumstances:

1)

international

That advantage be taken by the offender of his public

That the crime be committed in contempt or with

insult to the public authorities.

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.

5)

That the crime be committed in the palace of the

Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship

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

7)

of

involving great waste and ruin

13)

That

the

act

be

committed

with

evidence

premeditation
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.
There is unlawful entry when entrance is effected by a

shall be deemed to have been committed by a band.

way not intended for that purpose

That the crime be committed on the occasion of a

other calamity or misfortune.

9)

derailment

have acted together in the commission of an offense, it

conflagration, shipwreck, earthquake, epidemic or

8)

thereto,

locomotive, or by the use of any other artifice

position
2)

damage

19) That as a means of the commission of the crime, a

wall, roof, floor, door, or window be broken
20) That the crime be committed with the aid of persons

That the crime be committed with the aid of armed

under fifteen years of age or by means of motor

men or persons who insure or afford impunity.

vehicles, motorized watercraft, airships, or other

That the accused is a recidivist.

similar means. (As amended by RA 5438).

A recidivist is one who, at the time of his trial for one

21) That the wrong done in the commission of the crime

crime, shall have been previously convicted by final

be deliberately augmented by causing other wrong not

judgment of another crime embraced in the same title

necessary for its commissions

of this Code.
10) That the offender has been previously punished by an
offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches
a lighter penalty.
11) That the crime be committed in consideration of a
price, reward, or promise

AGGRAVATING CIRCUMSTANCE

Those which, if attendant in the commission of the

The effect is to give crime its proper its

crime, serve to increase the penalty without exceeding

exclusive and proper name and also to place

the author in such a situation as to deserve

the maximum penalty provided by law for the offense

BASIS: They are based on the greater perversity of the

offender
Not presumed. Rather, it should be proved fully as the

for the said crime

crime itself in order to increase the penalty

To be appreciated, qualifying and aggravating

circumstances MUST BE alleged in the information

If not alleged, they may still be considered in the award

of damages
In considering

the

presence

of

2)

Generic aggravating circumstance:

May be compensated by

The motivating factors

The place of the commission
The time of the commission
The means and ways employed
The personal circumstances of the offender or of the

Cannot be offset by a mitigating circumstance

3)

Generic aggravating circumstance:

When it is not alleged in the information
(If alleged in the information, not to qualify a
particular crime but only as a part of a
narration, it will be legal surplusage or nonprejudicial allegation. Therefore, still a generic
circumstance)

FOUR KINDS AGGRAVATING CIRCUMSTANCES

Generic

Those that can apply generally to all crimes

Means ordinary

In Article 14, applicable to 1, 2, 3 (dwelling), 4,

5, 6, 9, 10, 14, 18, 19 and 20 except by means of
1)

2)

Qualifying aggravating circumstance:

Must be alleged in the information
ORDINARY

CIRCUMSTANCE

AND

AGGRAVATING CIRCUMSTANCE

Another term for ordinary is generic

To distinguish it from one another, they used different

terms for Article 13 and 14

When both ordinary mitigating circumstances and

felonies or crimes
In Article 14, applicable to paragraph 3 (except

the crime, they offset one another

A qualifying aggravating circumstance cannot be offset

dwelling), 15, 16, 17 and 21

by a mitigating circumstance.
A privileged mitigating circumstance cannot be offset by

Inherent

Those that must of necessity accompany the

commission of the crime

It is part of the felony committed. It is an
element of the crime committed
In Article 14, paragraph 13
o Example: Evident premeditation is

generic circumstances are present in the commission of

an aggravating circumstance
AGGRAVATING CIRCUMSTANCES WHICH DO NOT HAVE
THE EFFECT OF INCREASING THE PENALTY
1)

Aggravating circumstances which:

a) In itself, constitute a crime especially punishable by law
b) Which are included by the law in defining a crime and,

inherent in Estafa, robbery, theft,

prescribing the penalty therefor shall not be taken into

adultery, concubinage

account for the purpose of increasing the penalty

Example: Arson fire will not be aggravating

QUALIFYING CIRCUMSTANCE V GENERIC AGGRAVATING

Robbery- Committed in the dark, committed after an

CIRCUMSTANCE
1)

MITIGATING

motor vehicles
Qualifying

affects or changes the nature of the crime

In Article 14, applicable to 16

Specific

It means it is only applicable only to particular

3)

mitigating

Qualifying aggravating circumstance:

offended party

1)

circumstance

aggravating

circumstances, the court focuses its mind on the

1)
2)
3)
4)
5)

penalty than that specially prescribed by law

unlawful entry, a wall, roof, floor, door or window be

Generic aggravating circumstance:

The effect, not offset by any mitigating
circumstance, is to increase the penalty which
should be imposed upon the accused to the
maximum period, but without exceeding the
limit prescribed by law
Qualifying aggravating circumstance:

broken
2)

The same rule shall apply with respect to an aggravating

circumstance inherent in the crime to such a degree that it must
of necessity accompany the commission thereof
Example: Evident premeditation is inherent in theft, robbery,
estafa, adultery and concubinage

Taking advantage of a public position is inherent

where the offenders committed the crime in the exercise of

1)

their functions such as in bribery and malversation

It is an integral element of or inherent in the offense

Example:

Malversation where taking advantage of

official position is made by law an integral

advantage of official position is made by law an

AGGRAVATING CIRCUMSTANCES WHICH ARE PERSONAL

TO THE OFFENDER

It shall serve to increase the penalty of the offender to

whom such circumstances are present:

a) From the moral attributed of the offender
b) From his private relations with the offended party
c) From any other personal cause
These shall only serve to aggravate the liability of the
principals, accomplices and accessories as to whom such
circumstances are attendant

2)

integral element of the crime

If accused could have perpetrated the crime without
occupying public position

That the crime be committed in contempt or with insult to the

public authorities

Basis: Greater perversity of the offender as shown by his

lack of respect for public authorities

Knowledge that a public authority is present is essential
(lack of knowledge indicates lack of intention to insult

AGGRAVATING CIRCUMSTANCES WHICH DEPEND ON

THEIR APPLICATION UPON THE KNOWLEDGE OF THE

The ff circumstances shall serve to aggravate the liability of those

persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein:
1)

That which consists of the Material

2)

execution of the act

That which consists of

REQUISITES
1)

That the public authority is engaged in the exercise of

2)

his functions
That he who is thus engaged in the exercise of said
functions is not the person against whom the crime is

the Means

employed to accomplish it
That advantage be taken by the offender of his public position

Basis: Greater perversity of the offender & by the means

used to secure the commission of the crime

Applicable only when the offender is a public officer
who takes advantage of his public position

ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC

POSITION

public authority)
Committed when his presence has not prevented the
latter from committing the criminal act

OFFENDERS

element of the crime

Falsification of documents where taking

3)
4)

committed
The offender knows him to be a public authority
His presence has not prevented the offender from
committing the criminal act

PUBLIC AUTHORITY

Also called a person in authority

A public officer who is directly vested with jurisdiction
A public officer who has the power to govern and

execute the laws

Example: Councilor, mayor, governor, barangay captain

The public officer must use his influence, prestige or

barangay chairman

ascendancy which his office gives him as the means by

which he realizes his purpose

Did the accused abuse his office in order to commit the

crime?
When the public officer did not take advantage of the

NOT AGGRAVATING WHEN

1)

The crime is committed in the presence of an agent only

Agent of a person in authority Any person

who, by direct provision of law or by election

influence of his position, this aggravating circumstance

or by appointment by competent authority, is

is not present
There must be proof that the accused took advantage of

charged with the maintenance of public order

his public position

The wearing of the uniform is immaterial in certain

property, and, any person who comes to the

cases
Failure in his official duties is tantamount to abusing of
office

NOT AGGRAVATING WHEN

and the protection and security of life and

2)

aid of persons in authority.

The crime is committed against the public authority
If the crime is committed against the public authority
while he is in the performance of his official duty, the

offender
3)

commits

direct

assault

without

this

3)

aggravating circumstance
Lack of knowledge that a public authority is present

When the condition of being

a woman is

indispensable in the commission of the crime

-parricide, rape, abduction, seduction

That the act be committed with insult or in disregard of the

THAT THE CRIME BE COMMITTED IN THE DWELLING OF

respect due the offended party on account of his rank, age, or

THE OFFENDED PARTY

sex, or that is be committed in the dwelling of the offended

The dwelling must be a building or structure,

exclusively used for rest and comfort

Basis: Greater perversity as shown by the place of the

commission of the crime

Violates the sanctity of the privacy the law accords to

human abode
The place of the commission of the crime should be the

party, if the latter has not given provocation.

The four circumstances in this paragraph can be

considered as single or together :

1) Rank
2) Age
3) Sex
4) Dwelling
If all four are present, treated as one circumstance only
Basis: Greater perversity of the offender as shown by

the personal circumstances of the offended party and

offended partys permanent residence

Residence

Physical presence of a person in a given area,

the place of the commission of the crime

Applicable only to crimes against persons or honor (Not

temporary

property!)
WITH INSULT OR IN DISREGARD

WHAT AGGRAVATES THE COMMISSION OF THE CRIME?

1)
2)

The accused deliberately intended to offend or insult

the sex or age of the offended party

1)

RANK OF THE OFFENDED PARTY

There must be a difference in the social condition of

the offender and the offended party

Rank

Refers to a high social position or standing

in a community
The proof of fact of disregard and deliberate intent

of the owner
PROVOCATION IN AGGRAVATING CIRCUMSTANCE

3)

AGE OF THE OFFENDED PARTY

Refers the age of the offended party

Deliberate intent to offend or insult if required

Applies to tender age and old age

Not aggravating in robbery with homicide

SEX OF THE OFFENDED PARTY

Refers only to the FEMALE sex

Not aggravating when being a woman is an

element of the crime

There should be manifestation of specific insult

MUST NOT be given by the offended to be considered

an aggravating circumstance
To determine its presence, the ff are its requisites:
1) Given by the owner of the dwelling
2) Sufficient
3) Immediate to the commission of the crime
In the dwelling WITH provocation is not aggravating
ONLY WHEN there is a close relation between
provocation and commission of the crime in the

dwelling
Prosecution must prove that no provocation was given
by the offended party

WHAT DOES DWELLING INCLUDE?

Even if the offender did not enter the dwelling, it is

enough that the victim was attacked in his own house

Dependencies, the foot of the staircase and enclosure
under the house

the sex of the victim or showed disrespect to

her womanhood

Abuse of confidence
The violation of the sanctity of the home by
trespassing therein with violence or against the will

to insult required
2)

community or country with the intent to live

Place of abode whether permanent of

DWELLING NOT AGGRAVATING WHEN

NOT AGGRAVATING WHEN

1)

Both offender and the offended party are occupants of

1)
2)

2)

the same house

When the robbery is committed by the use of force upon

3)

things (bc it is inherent in the crime)

Crime of trespass to dwelling

The offender acted with passion of obfuscation

When there exists a relationship between the
offended party and the offender

4)

When the owner of the dwelling gave sufficient and

5)

immediate provocation
When the dwelling where the crime was committed did

6)

not belong to the offended party

When the rape was committed in the ground floor of a

PUBLIC AUTHORITIES ENGAGED IN THE DISCHARGE OF

7)

two-story structure
Adultery where the paramour also lives in the same

AITHORITIES

dwelling
That the act be committed with abuse of confidence or obvious

he entered the place

THEIR DUTIES VERSUS CONTEMPT OR INSULT TO PUBLIC

1)
2)

ungratefulness

There 2 aggravating circumstance in this paragraph

Basis: Greater perversity of the offender as shown by
the means and ways employed

3)

ABUSE OF CONFIDENCE

Exists only when the offended party has trusted the

offender who later abuses such trust by committing the

crime
The abuse of confidence must be a means of facilitating
the commission of the crime, the culprit taking
advantage of the offended partys belief that the former

would not abuse said confidence

The confidence between the offender and the offended

1)
2)

That the offended party had trusted the offender

That the offender abused such trust by committing a

3)

crime against the offended party

That the abuse of confidence facilitated the commission

Examples

Accused killed father-in-law whose house he

their office
Engaged in the discharge of their duties:
Public authority may be the offended party
Contempt of or insult to:
Public authority should not be the offended party

Regardless of whether functions are held or not, it is still

aggravating when committed there

The Chief executive need not be in Malacanang
His presence in any place where the crime committed,
however, is enough to constitute an aggravating
circumstance even if he is not engaged in the discharge
of his duties

OTHER PUBLIC AUTHORITIES

Must be engaged in the performance of their duty

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

PLACE DEDICATED TO WORSHIP

Churches, chapels, momsques

Cemeteries not included

lived in and partially supported him

Accused is a carpenter to whom the family
gave him free access to their house and was

kind to him and helped him solve his problems

Where a security guard killed the bank officer

and robbed the bank

When a visitor commits robber in the house of
the host

That the crime be committed in the palace of the Chief

Executive or in his presence, or where public authorities are
engaged in the discharge of their duties, or in a place dedicated
to religious worship

their duties
Engaged in the discharge of their duties:
Public authorities must be in their office
Contempt of or insult to:
Public authorities are performing their duties outside of

of the crime
OBVIOUS UNGRATEFULNESS

In both, public authorities are in the performance of

OFFICIAL AND RELIGIOUS FUNCTIONS

party must be immediate and personal

REQUISITES

Offender must have intention to commit a crime when

Basis: the greater perversity of the offender as shown by

the place of the commission of the crime which must be
respected

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

Basis: The time & the place of the commission of the

crime and means & ways employed

When all are present, treated as 1 aggravating

circumstance only (case to case basis)

The information must allege that nighttime was sought
for or taken advantage of by the accused or that it
facilitated the commission of rthe crime

WHEN IS NIGHTTIME, UNINHABITED PLACE OR BAND

AGGRAVATING

1)
2)

When it facilitated the commission of the crime

When especially sought for by the offender to insure the

(If crime is committed in a place where a victim can be

3)

commission of the crime for the purpose of impunity

When the offender took advantage thereof for the

purpose of impunity

seen or heard, the place is not inhabited)

Solitude was sought to better attain the criminal
purpose
The offender must choose the place as an aid to:
1) An easy and uninterrupted accomplishment of their

WHENEVER SUCH CIRCUMSTANCES MAY FACILITATE THE

2)

COMMISSION OF THE OFFENSE

When it is sought for by the accused to insure the

thereby be better secured against detection and

commission of the crime or when the offender took

punishment

advantage

of

nighttime

to

prevent

his

being

recognized or to escape easily

Two tests of nighttime as an aggravating circumstance:
1) Objective Test

Nighttime is aggravating if it facilitated the

2)

commission of the crime

Subjective Test

The offender purposely sought the nighttime to

NOT AGGRAVATING WHEN

the crime
BY A BAND

offense, It shall be deemed to have been committed by a

FOR THE PURPOSE OF IMPUNITY

To prevent his being recognized or to secure himself
against detection and punishment

band
The armed men must act together on the commission of

the crime
Offenders must be principals by direct participation
If one of the four armed persons is a principal by
inducement, they do not form a band because all the

NIGHTTIME

From sunset to sunrise, the period of darkness

beginning at the end of dusk and ending at dawn

Not an aggravating circumstance in itself when merely

incidental
Aggravating only when sought for by the offender or
taken advantage by him to facilitate the commission of
the crime to insure his impunity from capture

NOT AGGRAVATING WHEN

Crime began at day time

When crime is not accomplished in the darkness of the

night
When the place of the crime is illuminated by light (use
of match sticks and flashlights does not negate this

incidental

(bribery,

armed men, at least four in number, must take direct

UNINHABITED PLACE
One where there are no houses at all, a place at a

NOT AGGRAVATING WHEN

are scattered at a great distance from each other

Determined by whether or not in the place of the
commission of the offense, there was a reasonable
possibility of the victim receiving some help.

Crimes against chastity

Inherent in the crime itself (Brigandage)
If the aggrupation did not facilitate the commission of
the crime

That the crime be committed on the occasion of a conflagration,

shipwreck,

earthquake,

epidemic

or

other

calamity

or

misfortune

Basis: Time of the commission of the crime

Reason is found in the debased form of criminality met
in one who, in the midst of a great calamity, instead of
lending aid to the afflicted, adds to their suffering by

taking advantage of their misfortune to despoil them

The offender must take advantage of the calamity or
misfortune

considerable distance from town, or where the houses

part in the execution of the act constituting the crime

Aggravating in crimes against property or against
persons or in the crime of illegal detention or treason

malversation, prostitution, bigamy)

Whenever more than three armed malefactors (4 or

more) shall have acted together in the commission of an

*applied in the alternative (one or the other)

aggravating circumstance)
Where nighttime is merely

The accused did not take advantage of the place or that

there is no showing that it facilitated the commission of

facilitate the commission of the crime

criminal design
To insure concealment of the offense, that he might

OTHER CALAMITY OF MISFORTUNE

Refers to other conditions of distress similar to those

enumerated: Conflagration, shipwreck earthquake and
epidemic

NOT AGGRAVATING WHEN

1)
2)

in view of the definition of band which

There was provocation by the offended party

Conditions after liberation

includes any group of armed men, provided

they are at least 4 in number

That the crime be committed with the aid of armed men or

persons who insure or afford impunity

Basis: Means and ways of committing the crime

The armed men must take part directly or indirectly
Includes armed wmen

REQUISITES

Pag 4 armed men, aid of armed men is

absorbed so employment of the band na siya

If 3 armed men or less, aid of armed men is the
aggravating circumstance

That the accused is a recidivist

A recidivist is one who, at the time of his trial for one crime,

1)

That armed men or persons took part in the commission

shall have been previously convicted by final judgment of

2)

of the crime, directly or indirectly

That the accused availed himself of either their aid or

another crime embraced in the same title of this Code

relied upon them when the crime was committed

EXCEPTIONS FOR THIS AGGRAVATING CIRCUMSTANCE

The aggravating circumstance shall not be considered

when
1) Both the attacking party and the party attacked
2)

were equally armed

The accused as well as those who cooperated with
him in the commission of the crime acted under the
same plan and the same purpose

inclination to crimes
RECIDIVISM

judgment of another crime embraced in the same title of

the Revised Penal Code

Cannot refer to crimes in violation of special laws (mala

prohibitum)
IMPRESCRIBABLE
Always a generic aggravating circumstance, It can be
appreciated by the court even if not alleged in the

The casual presence of armed men near the place where

the crime was committed does not constitute an

A recidivist is one who, at the time of his trial of one

crime, shall have been previously convicted by final

RULE FOR THE APPLICATION OF THIS CIRCUMSTANCE

Basis: Greater perversity of the offender, as hown by his

information.
If alleged in the information, it can never be considered

aggravating circumstance when it appears that the

as a qualifying circumstance to change the nature of the

accused did not avail himself of their aid or reply upon

offense

them to commit the crime

REQUISITES

WITH THE AID OF ARMED MEN V BY A BAND

By a band
Requires that more than three armed malefactors shall
have acted together in the commission of an offense
Aid of armed men
Even if one of the offenders merely relied on their aid,

1)
2)

That the offender is on trial for an offense

That he was previously convicted by final judgment of

3)

another crime
That both the first and second offense are embraced in

4)

the same title of this code

That the offender is convicted of the new offense

AT THE TIME OF HIS TRIAL FOR ONE CRIME

What is controlling is the time of the trial, not the time

for actual aid is not necessary

Aid of armed men is absorbed by employment of a band

Thus, it is improper to separately take into

of the commission of the crime

It is not required that at the time of the commission of

account against the accused the aggravating

circumstances of
1) The aid of armed men and
2) Employment of a band in appraising the
gravity of the offense,

the crime, the accused should have been previously

convicted by final judgment of another crime
Includes everything that is done in the course of the
trial,

from

arraignment

until

after

sentence

is

announced by the judge in open court

There is no recidivism if the subsequent conviction is for
an offense committed before the offense involved prior
conviction

PREVIOUSLY CONVICTED BY FINAL JUDGMENT

The final judgment must be decreed before the trial of

the second crime

Section 7 of Rule 120 of the Revised Rules of Criminal
Procedure provides that a judgment becomes final
(except death penalty):
1) After the lapse of the period for perfecting
2)

an appeal
When the sentence has been partially or

3)

totally satisfied or served

The accused has waived in writing his

4)

right to appeal
The accused has applied for probation

Offenses are not necessarily under the same title of the

RPC
It is the penalty
attached to the offense, not the penalty actually imposed

REQUISITES
1)
2)

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
3)

An appeal must be taken within 15 days from

promulgation or notice of judgment or order appealed

CRIME

The accused has previously served sentence for another

offense or sentences for other offenses before his trial for

AND

PREVIOUS

CRIME

MUST

BE

EMBRACED IN THE SAME TITLE OF THIS CODE

Robbery and theft are under crimes against property

Homicide and physical injuries are embraced under

crimes against persons

When one offense is punishable by an ordinance of

1)

Escidivism must be taken into account as an aggravating

no

matter

how

many

years

3)

offense is greater
When the accused served at least 2 sentences, even

intervened between the first and second felonies

Pardon does not obliterate the fact that the accused was

a recidivist
Amnesty extinguishes the penalty and all its effects so

2)

he cannot be a rescidivist if felony is under the same title

That the offender has been previously punished by an

3)

penalty or for two or more crimes to which it attaches a

lighter penalty

Basis: Greater perversity of the offender as shown by his

inclination to crimes
Refers to reiteracion or habituality
It is essential that the offender be previously punished,
that he has served a sentence, for an offense in which

or for two or more offenses in which the law attaches a

of this code
Reiteracion:
Not always an aggravating circumstance
Recidivism:
Always taken to be in consideration in fixing the penalty
to be imposed upon the accused

THE FOUR FORMS OF REPETITION

1)

Recidivism
generic aggravating circumstances

2)

Reiteracion of Habituality
generic aggravating circumstances

the law attaches, or provides for an equal or greater

penalty that that attached by law to the second offense

the forst offense

Reiteracion:
The previous and subsequent offenses must not be
embraced in the same title of this Code
Recidivism:
It requires that the offenses be included in the same title

of the RPC

offense to which the law attaches an equal or greater

Reiteracion:
The offender shall have served out his sentence for the
first offense
Recidivism:
It is enough that a final judgment has been rendered in

have

lighter penalty

offense is equal to that for the new offense

When the penalty provided by law for the previous

RECIDIVISM V REITERACION

IMPRESCRIBABLE CHARACTERISTIC
circumstance

2)

lighter

two offenses are not embraced in the same title of this

code

the new offense

The second requisite is present when:
1) When the penalty provided by law for the previous

if the penalties provided by law for the crimes are

special law and the other by the Revised Penal Code, the

offense
That he is convicted for the new offense

HAS BEEN PREVIOUSLY PUNISHED

from
PRESENT

That the accused is on trial for an offense

That he previously served sentence for another

3)

Multi-recidisivm or habitual delinquency

extra-ordinary aggravating circumstance
-

When a person, within a period of 10 years s

release or last conviction of the crimes of
serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found
guilty of any of said crimes a third time or
oftener

In habitual delinquency, the offender is either a

recidivist or one who has been previously
punished for 2 of more offenses (habituality)

He shall suffer an additional penalty for being

a habitual delinquent

4)

Quasi-recidivism

Special aggravating circumstance

Any person who shall commit a felony after
having been convicted by a final judgment,
before beginning to serve such sentence, or
while serving the same, shall be punished by a
maximum period of the penalty prescribed by
law for the new felony.

That the crime be committed in consideration of a price,

reward, or promise

Basis: Greater perversity of the offender, as shown by

the motivating power itself

Presupposes the concurrence of two or more offenders:
1) The one giving or offering the price or promise
2)

(Principal by inducement)
The one who accepts it
(Principal by direct participation)

It affects both the inducer and the inducee

Price, reward or promise must be for the purpose of

inducing another to perform the deed

The evidence must show that one of the accused used
money or other valuable consideration for the purpose

of inducing another to perform the deed.

If without previous promise, it was given voluntarily
after the crime had been committed as an expression of

his appreciation for the sympathy and aid shown by

The crime is committed on the occasion of a calamity ot

other accused, it should not be taken into consideration

misfortune

for the purpose of increasing the penalty

The price, reward or promise need not be given before
the commission of the crime.

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

That the act be committed with evidence premeditation

premeditation implies a deliberate planning of the act

before executing it
Evident premeditation may be considered in principal

by inducement
The prosecution should prove the time when the intent
to commit the crime was engendered in the mind of the

Basis: means and ways employed

Unless used by the offender as a means to accomplish a

accused, the motive which gave rise to it and the means

which he had beforehand selected to carry out his

criminal purpose, any of the circumstances in paragraph

12 cannot be considered to increase the penalty or to

change the nature of the offense

When there is no actual design to kill a person in

committed by means of fire.

When used as a means to kill another person, the crime

only

implied.

If

implied,

evident

proof as to how and when the plan to kill the victim was
hatched or what time had elapsed before it was carried

to kill the victim, burned the house where the latter was,

is

premeditation may not be appreciated in the absence of

killed. On the other hand, if the offender had the intent

murder qualified by the circumstance that the crime was

criminal intent.
Conspiracy presupposes premeditation except when the
conspiracy

burning a house, it is plain arson even if a person is

and the victim died as a consequence, the crime is

Basis: ways of committing the crime because evident

out.
Evident premeditation and price or reward can co-exist
When victim is different from that intended,
premeditation is not aggravating UNLESS it shows that
the conspirators were determined to kill not only the

is murder

intended victim but also anyone who may help him put

1) By means of fire
-there must be an actual design to kill and the use of fire
should be purposely adopted as a means to that end.
-Of the purpose of the explosion, inundation, fire or

a violent resistance.
It is not necessary that there is a plan to kill a particular

poison is to kill a predetermined person, the crime

person (check book for disagreeing jurisprudence)

Evident premeditation, while inherent in robbery, may

committed is murder

be aggravating in robbery with homicide if the

premeditation included the killing of the victim

2)

By means of explosion

-If there is intent to kill and explosion is used by the

offender to accomplish his criminal purpose, it is murder
if the victim dies as a direct consequence thereof.

ESSENCE OF PREMEDITATION

- If no intention to kill, it will be a crime involving

cool thought and reflection upon the resolution to carry

destruction.

out the criminal intent during the space of time

3) By means of derailment of locomotive

- Under Article 330, the crime of damage must result from
damage to a railway, telegraph or telephone lines (Art. 330

was hatched or what time elapsed before it was carried

of cars, collision or accident)

out.

-Read book. Pp 403

( It explains other liability for other consequences of the
act)
PARAGRAPH 12 Versus PARAGRAPH 7

Paragraph 12:
Crime is committed by means of any of such acts involving
great waste or ruin
Paragraph 7:

sufficient to arrive at a calm judgment

Evident premeditation may not be appreciated when
there is no proof as to how and when the plan to kill

penalizes damage to means of communication, derailment

The execution of the criminal act must be preceded by

REQUISITES OF EVIDENT PREMEDITATION

The prosecution must prove:

1) The TIME when the offender determined to commit
the crime

Essential because the lapse of time for the

purpose of the third requisite is computed
from that date and time

2)

An act manifestly indicating that the culprit has

CRAFT

clung to his determination

Must be based on external acts and not

Involves intellectual trickery and cunning on the part of

presumed from mere lapse of time

Criminal intent must be notorious and manifest

the accused
Trick, artifice, cunning or a skill applied for a bad

and the purpose and determination must be

purpose
It is not attendant where the accused was practically in a

stupor when the crime was committed

Chicanery resorted to by the accused to aid in the

plain and have been adopted after mature

consideration on the part of the persons who

execution of his criminal design. It is employed as a

conceived and resolved upon the perpetration

of the crime, as a result of deliberation,
meditation and reflection sometime before its

3)

commission.
Mere threats without the second requisite does

not show evident premeditation

Existence of ill-feeling or grudge alone is not

proof of evident premeditation

sufficient lapse of time between

WHEN IS CRAFT NOT AN AGGRAVATING CIRCUMSTANCE

1)

3 day s time to meditate upon the crime

2)

prompted by impulse of the moment

Where the accused had more than one-half
a day for meditation and reflection and to

FRAUD

harken to its warnings

3 hours or less considered sufficient lapse

offender to carry out his design

Deception employed to cause a person to give up
property or some lawful right

CRAFT VERSUS FRAUD

of time

Insidious words or machinations used to induce the

victim to act in a manner which would enable the

allow his conscience to overcome the

resolution of his will had he desired to

aggravation
Where the unlawful scheme could have been carried out just
the same w/o the pretense.

which he intended to commit and was not

o

Where craft partakes of an element to the offense, the same

may not be appreciated independently for the purpose of

the

determination and execution

Lapse of time
o

scheme in the execution of the crime.

Fraud:
When there is a direct inducement by insidious words

coolly and serenely think and deliberate on

or machinations
Craft:
Pag wala, the act of the accused done in order not to

the meaning and the consequences of what

arouse suspicion of the victim constitutes craft

Why is sufficient time required?

o The offender must have an opportunity to

he planned to do, an interval long enough

for his conscience and better judgment to
overcome his evil desire and scheme.

Mere determination to commit the

DISGUISE

crime does not itself establish evident

The purpose of the offender in using any device must be

to commit the crime prior to the

to conceal his identity

Examples:

The fact that the defendant had his face

moment of execution, but also that his

blackened in order that he should not be

premeditation for it must appear, not

only that the accused made a decision

decision was the result of meditation,

calculation of reflection or persistent

o

handkerchief before committing the crime

attempt.
There must be sufficient time between
the outward acts and the actual
commission of the crime

That the craft, fraud or disguise be employed

Basis: means employed in the commission of the crime

Application is characterized by the intellectual or
mental rather than the physical means to which the
criminal resorts to carry out his design

recognized constitutes disguise

When the defendant covered his face with

WHEN

IS

unless when he can be recognized

Wearing masks to cover faces in order to

conceal their identity unless recognized

Illegally wearing a constabulary uniform
Assumed name in a publication of libel
DISGUISE

NOT

CIRCUMSTANCE
1)

When accused is recognizable

AN

AGGRAVATING

3)

The victim was an innocent baby and the wounded

4)

children were at the age of 5 and 12 years old

An attack made by a man with a deadly weapon upon

That advantage be taken of superior strength, or means be

employed to weaken the defense

an unarmed and defenseless women constitutes the

circumstance of abuse of superiority which his sex and

ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH

use of weapon afforded him

To take advantage of superior strength means to use

purposely excessive force out of proportion to the

means of defense available to the person attacked

What matters is whether the aggressors took advantage
of their combined strength in order to consummate the

WHEN IS ABUSE TO SUPERIOR STRENGTH AGGRAVATING

Depends on the age, size and strength of the parties

It is considered whenever there is a notorious inequality

crime
When there is marked disparity of physical strength

of the forces between the victim and the aggressor,

between the offender and the victim, and the former

advantageous for the aggressor which is selected or

took advantage of his superior physical strength to

taken advantage of by him in the commission of the

commit the crime, then abuse of superior strength must

crime
1) Number of aggressors, if armed, may point to abuse

assessing

be considered as an aggravating circumstance

The numerical superiority of the attackers of the victim,
together with the nature of the weapon used may be
considered in appreciating the absence or presence of

this circumstance
No abuse of superior strength in parricide because that

the victim is a woman is inherent in parricide

There must be evidence that the accused were physically

stronger and that they abused such superiority

When there is an allegation of treachery, superior
strength is absorbed

ILLUSTRATIONS OF HAVING NO SUPERIOR STRENGTH

1)

One who attacks another with passion and obfuscation

2)

does not take advantage of his superior strength

When a quarrel arose unexpectedly and the fatal blow

4)

against a defenseless person

Illegal detention where 6 persons carried the victim

5)
6)

away from his home

Rape committed by 4 people
Coercion and forcible abduction

BY A BAND VERSUS ABUSE OF SUPERIOR STRENGTH

Band:

influence of liquor, a clear case of abuse of superiority

was present

weaker victim or victims.

What is taken into consideration is not the
number of aggressors nor the fact that they are
armed but their

offended party and the offender

The deceased was unarmed, much smaller than the

officers. The deceased was defenseless and under the

Takes advantage by the culprits of their

collective strength to overpower their relatively

or intoxicants. There is a marked strength between the

was fired at 3 times by the accused who were police

comparative strength of the victim or victims

Components:
a) At least 4 malefactors
b) All 4 malefactors are armed
Absorbs treachery

Abuse of superiority:

physical strength has been overcome by the use of drugs

wall by a third party. As he tried to escape, the victim

When the offense is committed by more than

three armed malefactors regardless of the

A strong man has ill-treated a child, an old or decrepit

offender and he was attacked after he was pushed to the

notoriously

defense available to the offended party

Simultaneous attack by 2 persons with revolvers

person or one weakened by disease or where a persons

2)

strength

3)

ILLUSTRATIONS OF ABUSE OF SUPERIOR STRENGTH

1)

of

of superior strength
When weapon used is out of proportion to the

were engaged against another as man to man

strength, but they do not or did not take advantage of it.

superiority

2)

was struck at a time when the aggressor and his victim

In these cases, the offenders may or might have superior

relative physical might

compared to the offended party.

Absorbs Band

WHEN IS SUPERIOR STRENGTH NOT AN AGGRAVATING

CIRCUMSTANCE
1)

When one acted as principal and 2 as accomplices

-it must appear that the accused cooperated
together in some way designed to weaken the
defense

the execution of the crime or to make it

MEANS EMPLOYED TO WEAKEN DEFENSE

-

Applicable only to crimes against persons

Absorbed in treachery
Example:

Where one, struggling with another suddenly

impossible or hard for the person attacked to

-

offender and must not spring from the

throws a cloak over the head of his opponent

and while in this situation, wounds or kills him

One who, while fighting with another,
suddenly casts sand or dirt upon the latters
eyes and then wounds or kills him, evidently

unexpected turn of events

WHEN TREACHERY CANNOT BE CONSIDERED
-

insure the killing of the deceased or remove or diminish

his opponent
Intoxicating the victim to weaken defense

any risk to himself that might arise from the defense

that the deceased might make, as when his decision to
shoot the victim is sudden brought about by a stinging

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

provocation from the latter.

If the decision to kill was sudden, there is no treachery.

If not deliberately sought, it is purely accidental

Reason: There is treachery when the culprit employed
means, methods or forms of execution which tend

specially to insure its execution, without risk to himself arising

directly and specially to insure the execution of the

from the defense which the offended party might make

-

Basis: Means and ways employed in the commission of

the crime
Cannot be presumed
The existence of this qualifying circumstance must be

Where there is nothing in the record to show that the

accused had pondered upon the mode or method to

employs means which weaken the defense of

defend himself or retaliate

The mode of attack must be thought of by the

crime without risk to himself.

When the meeting between the accused and the victim
is casual and the attack was impulsively done

proven as fully as the crime itself in order to aggravate

the liability incurred by the culprit

That means be employed or circumstances brought about

TREACHERY
-

When the offender commits any of the crimes against

the person, employing means, methods or forms in the
execution, without risk to himself, arising from the

defense which the offended party must make

The offended party was not given the opportunity to

make a defense
The attack was sudden, unexpected, without warning
and without giving the victim an opportunity to defend

which add ignominy to the natural effects of the act

-

Basis: Means employed

Applicable to crimes against chastity, less serious

physical injuries, light or grave coercion, and murder

Ignominy is to the victim

IGNOMINY
-

disgrace and obloquy to the material injury caused by

himself or repel the aggression

RULES REGARDING TREACHERY
1)
2)

It applicable only to crimes against persons

Means, methods or forms used need not insure
accomplishment of the crime
Not necessary that the mode of attack insures
the consummation of the offense. Otherwise,
there would be no attempted or frustrated

3)

murder qualified by treachery

The mode of attack must be consciously adopted
The accused must make some preparation to
kill the deceased in such a manner as to insure

Circumstance pertaining to the moral order, which adds

the crime
Disgrace, dishonor, loss of ones reputation, humiliation
or contempt

THAT MEANS BE EMPLOYED

-

When the accused raped a woman after winding cogon

grass around his genital, he thereby augmented the
wrong done by increasing its pain and adding ignominy
thereto

THAT CIRCUMSTANCES BE BROUGHT ABOUT

Where one rapes a married woman in the presence of

his husband
When in compelling an old woman to confess to the

climbing through the window and once inside,

theft of clothes, the accused maltreated her and took off

two aggravating circumstances which attended the

murdered certain persons in the dwelling, there were

her drawers because the removing of her drawers could

have no other purpose but to put her to shame

When the accused gained access to the dwelling by

commission of the crimesdwelling and unlawful entry

Example:
The act of entering through the window, which is not
the proper place for entrance into the house, constitutes

WHICH ADD IGNOMINY TO THE NATURAL EFFECTS OF

THE ACT
-

thereafter made an entry through the broken door? No.

The means employed or the circumstances brought

It is covered by paragraph 19.

about must tend to make the effects of the crime more

humiliating or to put the offended party to shame
WHEN

IGNOMINY

IS

NOT

AN

AGGRAVATING

CIRCUMSTANCE
1)
2)

Man is killed in the presence of his wife

When the victim was already dead but his body is
dismembered

That the crime be committed after an unlawful entry

That as a means of the commission of the crime, a wall, roof,

floor, door, or window be broken
-

to guard their property and provide for their personal

safety, shows a greater perversity, a greater audacity;
hence, the law punishes him with more severity.
UNLAWFUL ENTRY
-

When an entrance is effected by a way not intended for

that purpose
Must be a means to effect entrance and not for escape

It is not necessary that the offender is the breaking of a

part of the building as a means to the commission of the

crime
What aggravates the liability of the offender is the
breaking of a part of the building as a means to the
commission of the crime

intended for that purpose

Basis: Means and ways employed to commit the crime
Reason for aggravation:
One who acts, not respecting the walls erected by men

Basis: Means and ways employed to commit the crime

AS A MEANS TO THE COMMISSION OF A CRIME

There is unlawful entry when entrance is effected by a way not

unlawful entry.
Is there unlawful entry if the door is broken and

TO EFFECT ENTRANCE ONLY

-

This circumstance is aggravating only in those cases

where the offender resorted to any of said means to

enter the house.

If the wall, etc. is broken in order to get out of the place,
it is not an aggravating circumstance

WHERE BREAKING OF DOOR OR WNIDOW IS LAWFUL

1) An officer, in order to make an arrest, either by

virtue of a warrant, or without a warrant as
provided in