ARTICLE REQUISITES/ ELEMENTS CASE RULING

Article 14. AGGRAVATING CIRCUMSTANCES

If attendant in the commission of the
crime, serve to increase the penalty
without, however, exceeding the
maximum of the penalty provided by
the law for the offense.

0 Aggravating & Mitigating = Medium

period
1 Mitigating, 0 Aggravating = Minimum
period
0 Mitigating, 1 Aggravating = Maximum
period
3 Aggravating, 0 Mitigating = Still,
maximum period

Kinds of Aggravating Circumstances:

(1) ORDINARY AGGRAVATING
CIRCUMSTANCES
- increases the penalty by period or by
component if found to be present in the
commission of the crime, unless it is
OFFSET with or by a Mitigating
Circumstance
GENERIC - apply to all crimes
SPECIFIC - apply to particular or specific
crimes
(2) SPECIAL AGGRAVATING
CIRCUMSTANCES
- increases the penalty by period or by
component if found present in the
commission of the crime regardless of
the presence of mitigating
circumstance.
- cannot be offset, so the penalty will
always stop in the maximum regardless
of the presence of mitigating
circumstance

Page 1 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
(3) QUALIFYING AGGRAVATING
CIRCUMSTANCE
- if present in the commission of the
crime, will change the nature of the
crime

General rule: aggravating circumstances

under RPC do not apply to special laws.

To be appreciated, qualifying and

aggravating circumstances must be
expressly and specifically alleged in the
complaint/ information.

1. That advantage be taken by the offender of Abuse of office:

his public position.
- applicable only when the offender is a 1. Offender is a public officer
public officer.
2. Offender took advantage of his public
position to facilitate the commission of the
crime

Controlling rule:
Offender could not have committed the
crime if he were not a public officer.

Insult to authorities:
2. That the crime be committed in contempt
or with insult to the public authorities.

1. That the public authority is engaged in

the exercise of his functions

Page 2 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
2. That he who is thus engaged in the
exercise of said functions is not the person
against whom the crime is committed

3. The offender knows him to be a public

authority
4. His presence has not prevented the
offender from committing the criminal act

3. That the act be committed (1) with insult

or in disregard of the respect due the
offended party on account of his (a) rank, (b)
age, or (c) sex, or (2) that it be committed in
the dwelling of the offended party, if the
latter has not given provocation

Four circumstances are enumerated in

this paragraph, which can be considered
single or together.
1. RANK - high social position or standing
- offender must have different standing
with the victim
- victim must be of tender age or old age
and there must be a considerable age gap
2. AGE between the offender and the victim

- offender committed the crime with insult

to or disregard of the respect due to victim
on account of his/her age

Page 3 of 15
 ARTICLE
3. SEX - male or female, not gender
4. DWELLING - a building or structure,
exclusively used for rest and comfort but not aggravating
necessarily owned by the offended party. Your
own home. Sort of a sacred place for its
owner.
- includes the "dependencies" of the
house, the staircase, inclosure under
the house, garage, store attached in the
house if it is contiguous and has a
common entrance/exit
REQUISITES/ ELEMENTS CASE RULING
- victim must be a female while offender is
male
- offender committed the crime with insult
to or in disregard of the respect due to the
victim on account of her sex
- offended party must not give
provocation. Otherwise, dwelling not
- it is not necessary that the accussed
should have actually entered the dwelling
of the victim to commit the offense, it is
enough that the victim was attacked inside
his own house
- boarding house where the victim was a
bedspacer
- house of relative; temporary dwelling
DWELLING NOT CONSIDERED:
- when both offender and offended party
are occupants of the same house (renters,
bedspacers)
- when the robbery is committed by the
use of force upon things, because it is
inherent to use force upon things to enter
inhabited house
- in the crime of trespass to dwelling, as
dwelling is inherent to the crime
Page 4 of 15
 ARTICLE
4. That the act be committed with (1) abuse
of confidence, or (2) obvious ungratefulness
"Grave abuse of trust and confidence"
NOT AGGRAVATING:
Confidence does not exist (attempted (2) Obvious ungratefulness
rape; happened to be out together not
of confidence in him, but previously
business partners)
Betrayal of confidence (betrayal of
cofidence reposed by parents of the
girl)
REQUISITES/ ELEMENTS
- when the owner of the dwelling gave
sufficient and immediate provocation
PEOPLE vs CALISO
(1) Abuse of confidence:
1. The offended party had trusted the
offender
2. The offender abused such trust by
committing a crime against offended party
3. The abuse of confidence facilitated the
commission of the crime
PEOPLE vs LORA
- ungratefulness must be obvious, manifest
and clear
Page 5 of 15
CASE RULING
YES. Aggravating circumstance of grave abuse
of confidence was present since the appellant
was a domestic servant of the family.
Dwelling disregarded as both victim and
appellant were living in the same house.
Treachery cannot be considered as it is
inherent in the crime of murder by means of
poisoning.
YES. 3 aggravating circumstances:
(1) The circumstance of lack of respect due to
age applies in cases where the victim is of
tender age as well as of old age. The victim was
only 3 years old.
(2) Aggravating circumstance of grave abuse of
confidence was present since the appellant
was a domestic servant of the family.
(3) Cruelty. The gagging of the mouth of a
three-year-old child with stockings, dumping
him with head downwards into a box, and
covering the box with sacks and other boxes,
thereby causing slow suffocation, is cruelty.
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
1. Palace or in the presence of the
5. That the crime be committed in the palace President - inside Malacanang Palace
of the Chief Executive or in his presence, or (president may or may not be present)
where public authorities are engaged in the
discharge of their duties, or in a place
dedicated to religious worship

- outside the palace if the crime was

committed in the presence of the
President

2. Any place where chief executive is

present. (Conference, conventions; in the
presence of the president, a crime was
committed)

3. Offices of Public Authorities in the

discharge of official functions or duties:
city hall, barangay hall, court room, police
station - it is necessary that the public
authority was engaged in his official
function

4. Dedicated to the place of worship:

religious places - church, mosque (even if
there is no worship or function Generic
ordinary aggravating Places)

1. commission of a crime during night

6. That the crime be committed (1) in the
night time, or (2) in an uninhabited place, or
(3) by a band, whenever such circumstances
may facilitate the commission of the offense.
time
PEOPLE vs LAGUARDIA NO. Night time is rejected, because it was not
especially sought, as Chua's trip schedule and
not the discretion of the culprits determined
the time of its commission.

Page 6 of 15
 ARTICLE
Based on the time and place of the
commission of the crime and means
and ways employed.
REQUISITES/ ELEMENTS CASE RULING
Nights are from sunset to sunrise. (Art. 13,
Civil Code)
When aggravating:
3 common tests by Supreme Court:
(1) Objective Test - when night time
facilitates the commission of the offense.
E.g. rape, robbery, thef
(2) Subjective Test - determination
whether to commit the crime during the
night time originates or rests from the
offender. The offender specially sought
night time to facilitate the commission of
the crime.
(3) Impunity Test - accused especially
sought night time, or when offender takes
advantage of the night time for the
purpose of impunity in order to prevent
the accused from being recognized or
securing against detention and
punishment
(4) Additional Test - although night time,
did not consider aggravating because
crime was committed in a place well
illuminated or lighted
2. commission of a crime in an
uninhabited place
Page 7 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
- uninhabited place is any place where
there are no access at all or where the
houses are far from each other or is any
place where no reasonable help may be
expected

3. commission of a crime by a band

- there are at least 4 malefactors; at least 4
of them are armed; at least 4 of them take
part together in the commission of the
crime

Brigandage (highway robbery) - crime

where you cannot allege as aggravating
because it is inherent in the crime

Paragraph 7 is a Qualifying circumstance in

7. That the crime be committed on the thef not aggravating during conflagration,
occasion on a conflagration, shipwreck, shipwreck, earthquake, or natural calmity.
earthquake, epidemic or other calamity or
misfortune

- The basis of this aggravating - But for other crimes it may be considered
circumstance has reference to the time as ordinary aggravating.
of the commission of the crime.
-The crime is committed on the (fireman who commits robbery in a
occasion of a calamity or misfortune. burned house)

1. That armed men or persons took part in

8. That the crime be committed with the aid the commission of the crime, directly or
of armed men, or that the crime be indirectly
committed with the aid of persons who insure
or afford impunity.

Page 8 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
2. That the accused availed himself of
It is based on the means and ways of their aid or relied upon them when the
committing the crime. crime was committed

- Casual presence of armed men near

the place where the crime was
committed does not constitute an
aggravating circumstance when accused
did not avail himself of their aid or rely
upon them to commit the crime

9. That the accussed is a recidivist. Recidivism:

1. The accused have been previously
A recidivist is one who, at the time of convicted of a crime by a final judgment;
his trial for one crime, shall have been
previously convicted by final judgment
of another crime embraced in the same
title of this Code

2. The offender is on trial for an offense

and is convicted of the new offense

3. The present and previous offenses are

Under RPC, 4 forms of repetition: embraced in the same title of the Code

- ordinary aggravating, can be off-set by

1. Recidivism mitigating
2. Reiteracion
3. Quasi-Recidivism
4. Habitual Delinquency

Page 9 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING

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 ataches a
lighter penalty
Reiteracion:
1. The offender who has been previously
punished for one crime or two or more
crimes.

2. The offender commits the subject crime

afer he served out his previous sentences.

3. The previous crime and the subject

crime must not be embraced in the same
title.

4. The law attaches for one prior crime a

penalty equal to or greater than that for
the subject crime; or two or more prior
crimes a penalty lighter than that for the
subject crime

- ordinary aggravating, can be off-set by

mitigating

Quasi-Recidivism (Art 160, RPC):

1. Accused was previously convicted by a
final judgment
2. Before beginning to serve such sentence
or while serving the same, he commits a
felony (punishable by RPC)

Page 10 of 15
 ARTICLE
11. That the crime commited in consideration another in committing a crime
of a price, reward or promise
- price reward or promise must be for
the purpose of inducing another to
perform the deed
REQUISITES/ ELEMENTS CASE RULING
- penalty must be imposed in its maximum
period. A special aggravating circumstance,
cannot be off-set by mitigating.
Habitual Delinquency (Art. 62, RPC):
A person shall be deemed to be a habitual
delinquent, if within a period of ten years
from the date of his release or last
conviction of the crimes of serious or less
serious physical injuries, robo, hurto,
estafa or falsification, he is found guilty of
any of said crimes a third time or ofener
- extraordinary aggravating
- additional imposition of penalty
1. The principal by inducement offered
price, reward, and consideration to induce
2. Principal by direct participation must
accept the offer
3. The offer, which was accepted is the
primary factor that induced the principal
by direct participation in committing the
crime
Page 11 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING

12. That the crime be committed by means of

inundation (to flood with water), 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

- basis has reference to means and ways

employed

1. The time when the accused was

determined to commit the crime

13. That the act be committed with evident
premeditation
- a specific ordinary aggravating
circumstance that can only be applied
to specific crimes
NO. The lapse of thirty minutes between the
PEOPLE vs ZETA
determination to commit a crime (to shoot
Ramon) and the execution (shot to death
Ramon) thereof is insufficient for a full
meditation on the consequences of the act.
2. An act manifestly indicating that the
accused clung to that determination
3. A lapse of time between the
determination and the execution sufficient
to allow the accused to reflect upon the
consequences of the act

CRAFT - employment of tricks or ploy to

gain access to the victim in committing the
crime; any act done in order not to arouse
14. That craf, fraud, or disguise be employed. the suspicion of the victim

Page 12 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
FRAUD - direct inducement by insidious
words or machinations to induce the
victim to act in a manner which would
enable the offender to carry out his design

DISGUISE - the resort to any device to

conceal identity

15. That advantage be taken of superior (a) Abuse of Superior Strength

strength, or means be employed to weaken
the defense
1. Armed Superiority
2. Physical Superiority (strength inferiority,
old-age inferiority, inferior built, tender
age inferiority, size inferiority)

3. Numerical Superiority (3 offenders vs

one)

(b) Means to be employed to weaken the

defense
- to weaken the defense of the victim
(throwing sand to eyes, chloroform hanky)

(1) At the time of the attack, the victim

16. That the act be committed with treachery was not in the position to defend himself
(alevosia)

Page 13 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
(2) The offender consciously adopted the
manner of attack to make the victim
- there is treachery when the offender defenseless
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

- specific ordinary aggravating

circumstance
- crimes against persons

(1) The offender perpetrated ignominous

17. That means be employed or act when the victim was still alive
circumstances brought about which add
ignominy to the natural effects of the act.

- to increase humiliation apart from

- ignominy as an aggravating physical pain to the victim
circumstance pertains to the moral
order which adds disgrace to the
material injury caused by the crime
(2) The ignominous act put the offended
party in a humiliating condition

(3) The ignominous act was perpetrated

with intent to augment the moral pain of
the victim

18. The crime be committed afer an unlawful There is unlawful entry when an entrance
is effected by a way not intended for the
entry (Escalamiento) purpose

Page 14 of 15
 ARTICLE REQUISITES/ ELEMENTS CASE RULING
(entry through window and committed
crime; door is the usual entry)

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

20. That the crime be committed with the aid

of persons under 15 years of age, or by means
of motor vehicle, motorized watercraf,
airships, or other similar means.

- ordinary aggravating circumstance

When the culprit enjoys and delights in

21. That the wrong done in the commission of making his victim suffer slowly and
the crime be deliberately augmented by gradually, causing him unnecessary
causing other wrong not necessary for its physical pain in the consummation of the
commission criminal act.

- simply known as CRUELTY (before killing, cut off fingers etc.)

Additional aggravating circumstance not in

Article 14 but provided under Special Penal
Laws:
RA No. 10591 - Comprehensive Firearms and You use a loose firearm in the commission
Ammunitions Regulations of the crime

Page 15 of 15