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WHAT IS AGGRAVATING CIRCUMSTANCES?

- Circumstances are those which have to serve to have the penalty imposed in its maximum period
or change the nature of the crime.

BASIS OF AGGRAVATING CIRCUMSTANCE : They are based on the greater perversity of

the offender.

KINDS OF AGGRAVATING CIRCUMSTANCES

1.Generic - That which applies to all crimes such as

a. Recidivism
b. Advantage Taken of public position
c. Contempt or insult of Public of Public Authorities
d. Crime Committed in the dwelling of the offended party
e. Abuse of Confidence or Obvious Ungratefulness
f. Place where crime is committed
g. Nighttime, Uninhabited place or band
h. Habituality
i. Craft, Fraud or Disguise
j. Unlawful Entry
k. Breaking of Parts of the house
l. Use of persons under 15 years of age

2. Specific - That which applies to a particular felony

a. Disregard of rank, age, sex due to the offended party.

b. Abuse of superior strength or means be employed to weak en the de-
fense.
c. Treachery (Alevosia)
d. Ignominy
e. Cruelty
f. Use of Unlicensed firearm in the murder or homicide committed therewith (R.A. 8294)

3. Qualifying - Which Changes the nature of the felony and elevates it to higher category. [Under
Art. 248 as follows]

a. Treachery
b. Taking advantage of superior strength
c. With the aid of armed men
d. Employing the means of weaken defenses

e. Employing means or persons to insure or afford impunity

f. In consideration of a price, reward or promise
 g. By means of inundation, fire, explosion, shipwreck, stranding a vessel, derailment of or
assault upon a railroad, fall of an airship
h. By means of a motor vehicle or with the use of any other means involving great waste
and ruin.
i. On the occasion of earthquake, eruption of a volcano, destructive cyclone, epidemic or
other public calamity
j. Evident Premeditation
k. With Cruelty
l. Outraging or scoffing at the corpse [amended by RA 7659 Dec. 13, 1993]

4. Inherent - Which is a part of the felony and therefore does not increase the penalty.

a. Evident premeditation in roberry, theft, estafa, adultery and concubinage.

b. Abuse of Public office in bribery
c. Breaking of a wall or unlawful entry into a house in robbery with the use of force upon
things
d. Fraud in estafa
e. Deceit in simple seduction
f. Ignominy in rape

5. Special - Which arises under special conditions to increase the penalty of the offenses and can-
not be offset by mitigating Circumstances.

a. Complex Crimes
b. Error in Personae
c. Taking advantage of a public position and membership in an organized/Syndicated crime
group
d. Quasi-Recidivism

NOTE: AGGRAVATING CIRCUMSTANCES SHALL NOT BE APPLIED WHEN…

- They constitute a crime specially punishable by law
- They are included in defining the crime and prescribing a penalty therefore, shall not be taken
into account for the purpose of increasing the penalty.

Par. 1 That the advantage to be taken by the offender of his public position

BASIS: This is based on the greater perversity of the offender, as shown by the personal circum-
stance of the offender and also by means used to secure the commission of the crime.

REQUISITES:
- That the public authority is engaged in the exercise of his functions.
- That the public authority is not the person against whom the crime is committed
- That the offender knows him to be a public authority
- His presence has not prevented the offender from committing a criminal act.
WHO IS A PUBLIC AUTHORITY?
- Sometimes called as a person in authority who is directly vested with jurisdiction has a power to
govern and execute the laws.

NOTE:
-APPLICABLE ONLY WHEN THE OFFENDER IS A PUBLIC OFFICER.
-APPLICABLE WHEN THE PUBLIC OFFICER COLLECT A MISAPPROPRIATED
FUNDS.
-APPLICABLE TO A PUBLIC OFFICER WHO FAILED TO EXERCISE HIS DUTIES
-NOT APPLICABLE WHEN A PUBLIC OFFICER OFFERED RESISTANCE TO A PEACE
OFFICER.

Par. 2 That the crime be committed in contempt of or with to insult to the public authorities.

BASIS: Based on greater perversity of the offender [Not a Public officer/Civilian], as shown by
his lack of respect to the public authorities.

WHAT ARE THE REQUISITES OF PAR. 2?

1. That the Public Authority is engaged in the exercise of his functions.

2. That he who is thus engaged in the exercise of his 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.

WHAT IS A PUBLIC AUTHORITY?

- A Person in authority, who is directly vested with the jurisdiction, A person who has a power
to govern and execute the laws.

NOTE:
-NOT APPLICABLE WHEN THE CRIME IS COMMITTED IN THE PRESENCE OF AN
AGENT ONLY.
-THE CRIME SHOULD NOT BE COMMITTED AGAINST THE PUBLIC AUTHORITY.
-IT IS ESSENTIAL THAT THE OFFENDER HAS A KNOWLEDGE THAT HE IS A PUBLIC
AUTHORITY.

Par. 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 be committed in the dwelling of the offended party, if
the latter has not given provocation.

BASIS: Based on the greater perversity of the offender, as shown by the personal circumstances
of the offended party and the place of the commission of the crime.
NOTE:
- APPLICABLE ONLY TO CRIMES AGAINST PERSONS OR HONOR.
- NOT APPLICABLE WHEN THE OFFENDER ACTED WITH PASSION AND OBFUSCA-
TION
- NOT APPLICABLE WHEN THERE EXISTS A RELATIONSHIP BETWEEN THE OF-
FENDED PARTY AND OFFENDER.
- NOT APPLICABLE WHEN THE CONDITION OF BEING A WOMAN IS INDISPENSA-
BLE IN THE COMMISSION OF THE CRIME.
- “When the offended party one who provoked the incident he loses his right to the respect of
consideration due him in his own house”
- NOT APPLICABLE to treachery REASON: See the concept of trespass to dwelling.
WHAT IS AN INSULT OR IN DISREGARD?
-It is necessary to prove the specific facts or circumstance, other than that the victim is a woman(or
an old man or one of high rank) showing an insult or disregard of sex.

WHAT IS RANK?
- Refers to a high social position or standing as a grade in the armed forces or to a graded official
standing or social position or station.

WHAT AGGRAVATES THE COMMISSION OF CRIME IN ONE’S DWELLING?

1. The abuse of Confidence which the offended party reposed in the offender by opening the door
to him.
2. The violation or the threat against the will of the owner of the house.

WHY IS DWELLING AGGRAVATING?

-Dwelling is an aggravating circumstance because of the sanctity or privacy the law accords to
human abode [He who goes to another’s House to hurt him or do him wrong is more guilty than
he who offends him elsewhere - People V. Daniela 401 SCRA 519]

PROVOCATION IN AGGRAVATING CIRCUMSTANCES OF DWELLING

1. Given by the owner of the dwelling

2. Sufficient
3. Immediate to the commission of the crime

* When all of these condition are present, the offended party is deemed to have given provocation,
and the fact that the crime is committed in the dwelling of the offended party is not an aggravat-
ing circumstance.

NOTE: DWELLING IS NOT AGGRAVATING WHEN …

 1. When Both offender and offended party are occupants of the same house.[US V. RO-
DRIGUEZ]
2. When the robbery committed by use of force upon things, dwelling is not aggravating
because it is inherent.[U.S. V. Cas]
3. In the crime of trespass to dwelling it is inherent or included by law in defining the crime.
This crime can be committed only in the dwelling of another.
4. When the owner of the dwelling gave sufficient and immediate provocation.
5. When the dwelling where the crime was committed did not belong to the offended party.
[People V. Guhiting]
6. When the rape was committed in the ground floor of a two-storey structure, the lower
floor used as a video rental store and not as a private place of abode or residence. [People V. Tanio]

NOTE : DWELLING WAS FOUND AGGRAVATING IN THE FOLLOWING CASES

1. The victim was raped in the boarding house where she was a bedspacer. DWELLING:
Her Room [People V. Daniel]
2. The victim was killed in the house of her aunt where she was living with her niece.
DWELLING: Temporary dwelling in the house of her aunt

Par. 4 That the act be committed with (1)abuse of confidence or (2)obvious ungratefulness

ABUSE OF CONFIDENCE

The Circumstances exists only when the offender party has trusted the offender who later abuses
such trust by committing the crime.

REQUISITES OF ABUSES CONFIDENCE

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

NOTE: THERE MUST SPECIAL RELATION OF CONFIDENCE BETWEEN ACUSSED AND

VICTIM AND THE CONFIDENCE BETWEEN THE OFFENDER AND THE OFFENDED
PARTY MUST BE IMMEDIATE AND PERSONAL

OBVIOUS UNGRATEFULNESS

E.G. An Accused who killed his father-in-law in whose house he lived and who partially supported
him. [People V. Floresca]

REQUISITES OF OBVIOUS UNGRATEFULNESS

1. The offended party had trusted the offender.
2. The Offender abused such trust by committing a crime against the offended party.
3. That the act committed with obvious ungratefulness
4. The ungratefulness must be clear and manifest Ingratitude on the part of the accused.

Par. 5 That the crime 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 a religious
worship.

BASIS: On the grater perversity of the offender as shown by the place of the commission of the
crime, which must be respected.

REQUISITES OF PAR. 5
1. The public authorities are in the performance of their duties.
2. Must be in their office
3. The person may be the offended party.

Par. 6 That the crime be committed (1)in the nighttime or (2) in an inhabited place or (3) by a
band whenever such circumstance may facilitate the commission of the offense.

BASIS: Based on the time and place of the commission of the crime and means and ways em-
ployed.

AGGRAVATING WHEN…… [Same Requisites of Nighttime]

1. It is facilitated the commission of the crime.
2. When especially sought for by the offender to insure the commission of the crime or for the
purpose of impunity.
3. When the offender took advantage thereof for the purpose of impunity.

WHAT IS NIGHTTIME?
- That period of darkness beginning at end of dusk and evening at dawn. The civil code defines it
as from sunset to sunrise. [Commencing at 5:00 PM to 7:00 PM is DAYTIME ]

TWO TEST OF NOCTURNITY AS AN AGGRAVATING CIRCUMSTANCES

1.The objective test - Nocturnity is an aggravating because it facilitates the commission of the
offense
2.The Subjective Test - Nocturnity is an aggravating because it was purposely sought by the
offender

NOTE: Two test should be applied in the alternative[People V. Gracia]

NIGHTTIME IS NOT AGGRAVATING WHEN…

1.Lightning of a matchstick or use of flashlights does not negate the aggravating circum-
stance.[People V. Rogeliow]
2.When the crime began at daytime. [People V. Luchico]
3.When treachery concurred with the night time in the commission of the crime because nighttime
is absorbed in treachery
4.When meeting of the two offender and the offended party at nighttime is casual and the idea of
committing the crime came into the mind of the offender only that time.

What is uninhabited place?

-An area were there are no houses at all, a place at a considerable distance from town, or where
the houses are scattered at a great distance from each other.

WHAT IS DESPOBLADO?
-Presupposes that the place is at a considerable distance from the town or the nearest houses, or
could readily be seen. [People V. Laoto]

NOTE: An Uninhabited place is considered when there is no way to reach help on that area.

By Band? (En Cuadrilla)

- Whenever more than three [which means four above] armed malefactors shall have acted to-
gether in the commission of an offense, it shall be deemed to have been committed

NOTE:
- THE ARMED MEN MUST BE ACTED TOGETHER
- PAR. 6 IS NOT APPLICABLE TO CRIMES AGAINST CHASTITY[INSTEAD IT IS A
GANG RAPE]
- CRIME OF BRIGANDAGE IS NOT APPLICABLE BECAUSE IT IS INHERENT AND
NECESSARILY INCLUDED IN DEFINING A CRIME.

Par. 7 That the crime be committed on the occasion of a conflagration [A large destructive fire],
Shipwreck, earthquake, epidemic or other calamity or misfortune.

BASIS: The basis of this aggravating Circumstance has reference to the time of the commission
of the crime.

“Who in the midst of a great calamity, instead of lending an aid or support to the afflicted,
adds to their suffering and affliction by taking advantage of their misfortune to despoil
them”

What is Chaotic Condition as an aggravating circumstances?

-Refers to the conditions of distress similar to those precedingly enumerated, that is conflagration,
shipwreck earthquake or epidemic.

Par. 8 That the crime be committed with aid of (1)Armed men or (2)Persons who insure or afford
impunity.

REQUISITES OF PAR. 8
1. That armed men or persons took part in the commission of the crime, directly or indirectly.
2. The accused availed himself of their aid or relied upon them the crime was committed.

EXCEPTIONS:
1.This aggravating circumstances shall not be considered when both the attacking party and the
party attacked were equally armed men.
2. This aggravating circumstance is not present when the accused as well as those who cooperated
with him in the commission of the crime acted under the same plan and for the same purpose.

Par. 9 When the accused is recidivist.

BASIS: Based on Greater perversity of the offender, as shown by his inclination to crimes.

WHO IS A RECIDIVIST?
-A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted
by final judgement of another crime embraced in the same title of the Revised Penal Code. [People
V. Lagarto]

REQUISITES OF RECIDIVIST
1. That the offender is on trial for an offense.
2. That he was previously convicted by final judgement of another crime
3. That both the first and second offences are embraced in the same title of the code.
4. The offender was convicted of the new offenses.

NOTE:
-Recidivism still present no matter how many years have intervened between first and second fel-
onies.[Where the acussed admitted their previous conditions.]
-Pardon does not obliterate [Destroy] the fact that the accused was a recidivist; but amnesty extin-
guishes the penalty and it’s effects.

Par. 10 That the offender has been previously punished for 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.

BASIS: The greater perversity shown by his inclination to the crimes.

REQUISITES OF PAR. 10
1. That the accused was in trial for an offense.
2. The he previously served sentence for another offense to which the law attaches and equal or
greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the
new offense.
3. That he is convicted of the new offense.

NOTE:
- Reiteracion or Habitually was not always aggravating.
- Habitual Deliquency cannot be offset by any mitigating circumstance.
RECIDIVISM V. REITERACION or Habituality

1. In REITERATION it is necessary that the offender shall have served out his sentence for the
first offense; RECIDIVISM it is enough that a final judgement has been rendered in the first
offense.
2. In REITERATION The previous and subsequent offences must not be embraced in the same
title of the code; RECIDIVISM requires that offenses be included in the same title of the code.

4 FORMS OF REPITITIONS

1.RECIDIVISM [Generic aggravating circumstances]

2.REITERACION OR HABITUALITY [Generic aggravating circumstances]
3.MULTI-RECIDIVISM OR HABITUAL DELIQUENCY/Multi-recidivist [Extraordinary
Aggravating Circumstances]
4.QUASI-RECIDIVISM [Special Aggravating Circumstances]

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

Par. 11 That the crime be committed in consideration of a price, reward or promise.

NOTE: This aggravating circumstance is a qualifying aggravating circumstance which affects not
only the person who gave the price or reward but also the person who received it. [U.S. V. Parro]

Par. 12 That the crime be committed by means of inundation, fire, poison, explosion, stranding of
a vessel or intentional damage thereto, derailment of a locomotive or by use of any other artifice
involving great waste and ruin.

Par. 13 That the act committed with evident premeditation

BASIS: The basis has a reference of ways of committing the crime because of evident premedita-
tion implies a deliberate planning of the act before executing it.

Elements of Premeditation
1. The time when the offender determined to commit the crime.
2. An act manifestly indicating that the accused has clung to his determination
3. Sufficient interval of time between such determination and execution

NO EVIDENT PREMEDITATION WHEN…

- Inherent crimes against property such as robbery, theft and estafa because of the absence
- Evident premeditation was not present when the prosecution failed to prove the elements.
- Evident premeditation should not be appreciated where “There is neither evidence of planning
or preparation to kill nor the time when the plot was conceived”
Par. 14 That craft, fraud or disguise be employed.

BASIS: The basis has reference to the means employed in the commission of the crime

WHAT IS CRAFT?
- Craft is an intellectual trickery and cunning resorted to by the accused in the commission of the
crime. It is a chicanery(A trick to achieve a legal or political purpose) resorted to by the accused
to aid in the execution of his criminal design. It is employed as a scheme in the execution of the
crime.

WHAT IS FRAUD?
- Fraud involves deceit by insidious words and machinations. It is present when the accused en-
ticed(Taking advantage) or when a young girl to go with him to buy foods and toys and then
kidnapped her.

WHAT IS DISGUISE?
- An act of the offender to conceal his/her real identity.
NOTE: Craft and fraud may be absorbed in treachery if they have been deliberately adopted by
the accused as means, methods or forms of strategy.

Par. 15 1. That the advantage be taken of superior strength, or 2. Means be employed to weaken
the defense.

WHAT IS ADVANTAGE TO BE TAKEN OF SUPERIOR STRENGTH?

- It means deliberately use excessive force that is cut out of portion to the means for self defense
available to the person attacked. [People V. Lobingas]

NO ADVANTAGE TAKEN WHEN…

- One who attacks another with passion and obfuscation does not take advantage of his superior
strength.
- When a quarrel arose unexpectedly and the fatal blow was struck at that time when the aggressor
and his victim were engaged against each other as man to man.

WHAT IS MEANS EMPLOYED TO WEAKEN THE DEFENSE?

- The offender employs means that materially weakens the defense of the offended party.
E.G. 1. Where one, struggling with another, suddenly clubs the head of his opponent and
then wounds or kills him.
2. One who, while arguing with another suddenly casts san upon the latter’s eyes
and then wounds or kills him.
3. When the offender made the deceased intoxicated and thereafter kills him.
NOTE: This circumstance was applicable only to crimes against persons and property, such as
robbery with physical injuries or homicide.

Par. 16 The act committed with treachery.

BASIS: The basis has reference to the means and ways employed in the commission of the crime.

Requisites of treachery
1.That the time of the attack, the victim was not in the position to defend himself.
2.That the offender consciously adopted the particular means, method or form of attack employed
by him.

What is treachery?
- Treachery is when the offender commits any of the crimes against person, employing means,
methods or forms in the execution thereof which tend directly and specially to insure its execu-
tion, without risking himself arising from the defense which the offended party might make.
[People V. Lacao]

THERE IS TREACHERY WHEN…

- When the aggression is continuous, treachery must be present in the beginning of the assault.
[People V. Manaladlad]
- When assault was not continuous, in that there was interruption, it is sufficient that treachery
was present at the moment the fatal blow was given [People V. Baluyot]
- Killing a Child
- May exist even the sudden attack was face to face and there is no way for a victim to defend
himself

THERE IS NO TREACHERY WHEN…

- Mere sudden and unexpected attack does not necessarily gives rise to the treachery.[People V.
Sabanal]
- When the accused gave the deceased a chance to prepare, there was no treachery
- When the attacked preceded by warning
- No treachery where shooting is preceded by heated discussion
TREACHERY ABSORBS WHEN…
1.Craft
2.Abuse of superior strength
3.Employing means to weaken the defense
4.Band
5.Aid of armed men
6.Nighttime

Par. 17 That means be employed or circumstances brought about which add ignominy to the nat-
ural effects of the crime.
BASIS:The basis has the reference to the means employed.

WHAT IS IGNOMINY?
-Is a circumstance which adds disgrace or obloquy (Condemnatory Utterance) to the injury caused
by the crime. Ignominy cannot be appreciate when the victim was already dead when his body
dismembered for such act may not be considered to have added to the victim’s moral suffering or
humiliation. [People V. Carmina]

APPLICABLE TO..
- Crimes against chastity
- Less serious physical injuries
- Slight or grave coercion
- Murder
Par. 18 That the crime be committed after an unlawful entry.

BASIS: The basis has reference to the means and ways employed to commit the crime.

WHAT IS UNLAWFUL ENTRY?

-There is unlawful entry when an entrance is effected by a way not intended for the purpose.

NOTE:
- Unlawful entry is not aggravating in trespass to dwelling
- If the accused escaped through the window after committing a crime, it is not aggravating
because to be aggravating, it must be for the purpose of entrance and not for escape.

Par. 19 That as a means to the commission of a crime, a wall, roof, floor, door or window be
broken

BASIS: The basis has the reference to means and ways employed to commit the crime.

WHEN THE BREAKING OF WINDOW OR DOOR IS LAWFUL?

- Under rule 113, section 11 of Revised Rules of Criminal procedure, An officer, in order to make
an arrest, either by virtue of warrant or without warrant as provided in section 5, may break into
any building or enclosure where the person to be arrested is or is reasonably believed to be, if
he refused admittance thereto, after announcing his authority and purpose.

Par. 20 That the crime be committed 1. With the aid of persons under fifteen years of age, or 2.
By means of motor vehicle, airships, or other similar means.[Amended by RA 5438]

BASIS: The basis has the reference to means and ways employed to commit the crime.

WITH THE AID OF PERSONS UNDER 15 YEARS OF AGE..

-The use of minors for the commission of the crime or Any person. Who takes advantage of the
innocence, mediocrity of minors for criminal purposes.

BY MEANS OF MOTOR VEHICLES..

-The use of motor vehicle is aggravating when it is used to facilitate for the commission of the
crime.

IT IS NOT AGGRAVATING WHEN…

- The use of motor vehicle was not aggravating when it was used to facilitate the escape
OTHER SIMILAR MEANS..
- Any other efficient means of transportation similar to automobile or airplane.

Par. 21 That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commission.

BASIS: The basis has reference to ways employed in committing the crime.

WHAT IS CRUELTY?
- Cruelty is when the accused deliberately adds physical pain and suffering of the victim. The
wrong done must be performed while the victim is still alive. It must be shown that the accused
enjoyed and delighted in making the victim suffers gradually [Jurisprudence]

NOTE: Cruelty is proved by wounds found in the body of the victim.

REQUISITES OF CRUELTY
1.That the injury caused be deliberately increased by causing other wrong.
2.That the other wrong be unnecessary for the execution of the purpose of the offender.