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Those circumstances which raise the penalty for The effect of a The effect of a
a crime in its maximum period provided by law generic AC, not offset qualifying AC is not
applicable to that crime or change the nature of by any mitigating only to give the crime
the crime. circumstance, is to its proper and
Note: The list in this Article is EXCLUSIVE increase the penalty exclusive name but
there are no analogous aggravating which should be also to place the
circumstances. imposed upon the author thereof in such
The aggravating circumstances must be accused to the a situation as to
established with moral certainty, with the same MAXIMUM PERIOD. deserve no other
degree of proof required to establish the crime penalty than that
itself specially prescribed
According to the Revised Rules of Criminal by law for said crime.
Procedure, BOTH generic and qualifying It is not an ingredient The circumstance
aggravating circumstances must be alleged in of the crime. It only affects the nature of
the Information in order to be considered by the affects the penalty to the crime itself such
Court in imposing the sentence. (Rule 110, Sec. be imposed but the that the offender shall
9) crime remains the be liable
Basis same for a more serious
crime. The
1. the motivating power behind the act
circumstance is
2. the place where the act was committed
actually an ingredient
3. the means and ways used of the crime
4. the time
5. the personal circumstance of the offender and/or of The circumstance Being an ingredient
the victim can be offset by an of the crime, it cannot
ordinary mitigating be offset by any
Kinds circumstance mitigating
1. GENERIC Those that can generally apply to circumstance
all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10,
14, 18, 19, and 20 except by means of motor Aggravating circumstances which do not have the
vehicles. A generic aggravating circumstance effect of increasing the penalty:
may be offset by a generic mitigating 1. Aggravating circumstances which in themselves
circumstance. constitute a crime especially punishable by law.
2. SPECIFIC Those that apply only to particular 2. Aggravating circumstances which are included
crimes. Nos. 3 (except dwelling), 15, 16, 17 and by the law in defining a crime and prescribing
21. the penalty therefore shall not be taken into
3. QUALIFYING Those that change the nature of account for the purpose of increasing the
the crime. Art. 248 enumerates the qualifying AC penalty. (Art. 62, par. 1).
which qualify the killing of person to murder. If 3. The same rule shall apply with respect to any
two or more possible qualifying circumstances aggravating circumstance inherent in the crime
were alleged and proven, only one would qualify to such a degree that it must of necessity
the offense and the others would be generic accompany the commission thereof. (Art. 62,
aggravating. (ASKED TWICE BAR EXAMS) par. 2).
4. INHERENT Those that must accompany the
commission of the crime and is therefore not Aggravating circumstances which are personal to
considered in increasing the penalty to be the offenders
imposed such as evident premeditation in theft,
1. Aggravating circumstances which arise:
robbery, estafa, adultery and concubinage.
2. from moral attributes of the offender;
5. SPECIAL Those which arise under special
3. from his private relations with the offended party;
conditions to increase the penalty of the offense
or
and cannot be offset by mitigating circumstances
4. from any personal cause, shall only serve to
such as:
aggravate the liability of the principals,
a. quasi-recidivism (Art. 160)
accomplices, accessories as to whom such
b. complex crimes (Art. 48)
circumstances are attendant. (Art. 62, par. 3).
c. error in personae (Art. 49)
d. taking advantage of public position and
Aggravating circumstances which depend for their
membership in an organized/syndicated
application upon the knowledge of offenders
crime group (Art. 62)
The circumstances which consist
1. in the material execution of the act, or
Generic aggravating Qualifying
circumstances aggravating
2. in the means employed to accomplish it, shall the aggravation of his penalty. Thus, the fact that
serve to aggravate the liability of those persons the vice-mayor of a town joined a band of
only who had knowledge of them at the time of brigands made his liability greater.
the execution of the act or their cooperation The circumstance cannot be taken into
therein. (Art. 62, par. 4). consideration in offenses where taking
advantage of official position is made by law an
TWENTY-ONE aggravating circumstances under integral element of the crime such as in
Art. 14: malversation (Art. 217) or falsification of public
1. Taking Advantage of Public Office documents under Art. 171.
2. In Contempt Of Or With Insult To Public Taking advantage of public position is also
Authorities inherent in the following cases:
3. With Insult Or Lack Of Regard Due To Offended 1. Accessories under Art. 19, par. 3
Party By Reason Of Rank, Age Or Sex (harboring, concealing or assisting in the
4. Abuse Of Confidence And Obvious escape of the principal of the crime);
Ungratefulness and
5. Crime In Palace Or In Presence Of The Chief 2. Title VII of Book Two of the RPC
Executive (Crimes committed by public officers)
6. Nighttime; Uninhabited Place; With A Band
7. On Occasion Of A Calamity In Contempt of or With Insult to Public Authorities
8. Aid Of Armed Men Or Means To Ensure Par. 2 that the crime be committed in
Impunity contempt of or with insult to the public
9. Recidivism authorities
10. Reiteration or Habituality Requisites:
11. Price, Reward Or Promise
1. That the public authority is engaged in
12. Inundation, Fire, Poison
the exercise of his functions.
13. Evident Premeditation
14. Craft, Fraud Or Disguise 2. That he who is thus engaged in the
15. Superior Strength Or Means To Weaken exercise of his functions is not the
Defense person against whom the crime is
16. Treachery committed.
17. Ignominy 3. The offender knows him to be a public
18. Unlawful Entry authority.
19. Breaking Wall, Floor, Roof 4. His presence has not prevented the
20. With Aid Of Persons Under 15 By Motor offender from committing the criminal
Vehicle act.
21. Cruelty Public Authority / Person in Authority is a
person directly vested with jurisdiction, that is, a
Taking Advantage of Public Office public officer who has the power to govern and
Par. 1 that advantage be taken by the offender of his execute the laws. The councilor, mayor,
public position governor, barangay captain, barangay chairman
This is applicable only if the offender is a public etc. are persons in authority. (Art. 152, as
amended by P.D. 1232)
officer.
o A school teacher, town municipal health
The public officer must:
officer, agent of the BIR, chief of police,
1. Use the influence, prestige or
etc. are now considered a person in
ascendancy which his office gives him
authority.
2. As means by which he realizes his
Par. 2 is not applicable if committed in the
purpose.
presence of an agent only such as a police
The essence of the matter is presented in the
officer.
inquiry, did the accused abuse his office in
Agent - A subordinate public officer charged with
order to commit the crime?(U.S. v. Rodriguez)
When a public officer the maintenance of public order and the
protection and security of life and property, such
1. commits a common crime independent
as barrio policemen, councilmen, and any
of his official functions and
person who comes to the aid of persons in
2. does acts that are not connected with
authority. (Art. 152, as amended by BP 873).
the duties of his office,
Knowledge that a public authority is present
3. he should be punished as a private
individual without this aggravating is essential. Lack of such knowledge indicates
circumstance. lack of intention to insult public authority.
Even if defendant did not abuse his office, if it is If crime is committed against the public authority
proven that he has failed in his duties as such while in the performance of his duty, the offender
public officer, this circumstance would warrant commits direct assault without this aggravating
circumstance.
o Dwelling need not be owned by the
With Insult or Lack of Regard Due to Offended Party offended party.
by Reason of Rank, Age or Sex o It is enough that he used the place for
Par. 3 That the act be committed with insult his peace of mind, rest, comfort and
or in disregard of the respect due the offended privacy.
party on account of his rank, age, or sex, or that o Dwelling should not be understood in
is be committed in the dwelling of the offended the concept of a domicile: A person has
party, if the latter has not given provocation. more than one dwelling. So, if a man
o Four circumstances are enumerated in has so many wives and he gave them
this paragraph, which can be considered places of their own, each one is his own
singly or together. dwelling. If he is killed there, dwelling
o If all the 4 circumstances are present, will be aggravating, provided that he
they have the weight of one aggravating also stays there once in a while.
circumstance only.
o There must be evidence that in the o If a crime of adultery was committed.
commission of the crime, the accused Dwelling was considered aggravating on
deliberately intended to offend or insult the part of the paramour. However, if the
the sex or age of the offended party. paramour was also residing in the same
o Disregard of rank, age or sex may be dwelling, it will not be aggravating.
taken into account only in crimes o The offended party must not give
against persons or honor provocation.
RANK OF THE OFFENDED PARTY o When a crime is committed in the
o Designation or title used to fix the dwelling of the offended party and the
relative position of the offended party in latter has not given provocation,
reference to others. There must be a dwelling may be appreciated as an
difference in the social condition of the aggravating circumstance. Provocation
offender and the offended party. in the aggravating circumstance of
AGE OF THE OFFENDED PARTY dwelling must be:
o May refer to old age or tender age of the 1. given by the offended party
2. sufficient, and
victim.
3. immediate to the commission of
SEX OF THE OFFENDED PARTY
the crime.
o This refers to the female sex, not to the o It is not necessary that the accused
male sex. should have actually entered the
o The aggravating circumstance is NOT to dwelling of the victim to commit the
be considered in the following cases: offense: it is enough that the victim was
1. When the offender acted with attacked inside his own house, although
passion and obfuscation. the assailant may have devised means
(People v. Ibanez) to perpetrate the assault.
2. When there exists a relationship o Dwelling includes dependencies, the
between the offended party and foot of the staircase and the enclosure
the offender. (People v. under the house.
Valencia)
3. When the condition of being a Dwelling is not aggravating in the following cases:
woman is indispensable in the 1. When both offender and offended party are
commission of the crime. Thus, occupants of the same house even if offender is
in rape, abduction, or seduction, a servant of the house.
sex is not aggravating. (People 2. When the robbery is committed by the use of
v. Lopez) force things, dwelling is not aggravating because
DWELLING (Morada) it is inherent.
o Building or structure, exclusively used a. But dwelling is aggravating in robbery
for rest and comfort. Thus, in the case of with violence or intimidation of persons
People v. Magnaye, a combination of because this class or robbery can be
a house and a store, or a market stall committed without the necessity of
where the victim slept is not a dwelling. trespassing the sanctity of the offended
o This is considered an AC because in partys house.
certain cases, there is an abuse of 3. In the crime of trespass to dwelling, it is inherent
confidence which the offended party or included by law in defining the crime.
reposed in the offender by opening the 4. When the owner of the dwelling gave sufficient
door to him. and immediate provocation. (Art. 14 par. 3)
Abuse of Confidence and Obvious Ungratefulness authorities engaged in the
Par. 4 That the act be committed with abuse of discharge of their
confidence or obvious ungratefulness duties.
Par. 4 provides two aggravating circumstances. Public authorities are engaged in the
If present in the same case, they must be performance of their duties.
independently appreciated. Public duty is Public duty is
a. ABUSE OF CONFIDENCE (Abuso de performed in their performed outside of
confianza) office their office
1. That the offended party had The offended party The public authority
trusted the offender. may should not be the
2. That the offender abused such or may not be the offended party
trust by committing a crime public authority
against the offended party.
3. That the abuse of confidence Nighttime (Nocturnidad); Uninhabited Place
facilitated the commission of the (Despoblado); With a Band (Cuadrilla)
crime. Par. 6 That the crime be committed in the night time,
The confidence between the offender and the or in an uninhabited place, or by a band, whenever such
offended party must be immediate and personal. circumstances may facilitate the commission of the
It is inherent in malversation (Art. 217), qualified offense.
theft (Art. 310), estafa by conversion or
misappropriation (Art. 315) and qualified Whenever more than three armed malefactors shall
seduction. (Art. 337). have acted together in the commission of an offense, it
b. OBVIOUS UNGRATEFULNESS shall be deemed to have been committed by a band.
1.That the offended party had
trusted the offender; These 3 circumstances may be considered
2.That the offender abused such separately:
trust by committing a crime 1. when their elements are distinctly
against the offended party; perceived and
3.That the act be committed with 2. can subsist independently,
obvious ungratefulness. 3. revealing a greater degree of perversity.
The ungratefulness must be obvious: (1) Requisites:
manifest and (2) clear. 1. When it facilitated the commission of the
In a case where the offender is a servant, the crime; or
offended party is one of the members of the 2. When especially sought for by the
family. The servant poisoned the child. It was offender to insure the commission of the
held that abuse of confidence is aggravating crime or for the purpose of impunity; or
3. When the offender took advantage
Crime in Palace or in Presence of the Chief thereof for the purpose of impunity.
Executive
Par. 5 That the crime be committed in the palace of a. NIGHTTIME (Nocturnidad)
the Chief Executive or in his presence, or where public The commission of the crime must begin and be
authorities are engaged in the discharge of their duties, accomplished in the nighttime (after sunset and
or in a place dedicated to religious worship before sunrise).
If it is the Malacaang palace or a church it is o Nighttime by and of itself is not an
aggravating regardless of whether State or aggravating circumstance.
official or religious functions are being held. o The offense must be actually committed
o The President need not be in the in the darkness of the night.
palace. o When the place is illuminated by light,
o His presence alone in any place where nighttime is not aggravating.
the crime is committed is enough to o Nighttime need not be specifically
constitute the AC. sought for when:
o It also applies even if he is not engaged the offender purposely took
in the discharge of his duties in the advantage of nighttime; or
place where the crime was committed. it facilitated the commission of
Note: Offender must have the intention to the offense.
commit a crime when he entered the place.
o Cemeteries are not places dedicated for b. UNINHABITED PLACE (Desplobado)
religious worship o It is determined not by the distance of the
nearest house to the scene of the crime but
Par. 2 Contempt or Par. 5 Where public whether or not in the place of the commission of
insult to public authorities are
the offense, there was a reasonable possibility of of the crime acted under the same plan
the victim receiving some help. and for the same purpose.
o Solitude must be sought to better attain o Casual presence, or when the offender
the criminal purpose. did not avail himself of their aid nor
o The offenders must choose the place as knowingly count upon their assistance in
an aid either (1) to an easy and the commission of the crime.
uninterrupted accomplishment of their
criminal designs, or (2) to insure Par. 6 By a band Par. 8 With aid of
concealment of the offense, that he armed men
might thereby be better secured against Requires more than At least two armed
detection and punishment 3 armed malefactors men
Requires that more This circumstance is
c. BAND (Cuadrilla) than three armed present even if one
There should malefactors shall of the offenders
1. Be at least be four persons have merely
2. At least 4 of them should be armed acted together in the relied on their aid, for
3. and are principals by direct participation. commission of an actual aid is not
This aggravating circumstance offense necessary
is absorbed in the circumstance Band members are Armed men are
of abuse of superior strength. all principals mere accomplices
This is inherent in brigandage.
The armed men must have Recidivism (Reincidencia)
acted together in the Par. 8 That the crime be committed with the aid of
commission of the crime. armed men or persons who insure or afford impunity