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Category: Book 1- General Provisions (/law-library/criminal-law/general-provisions.html)
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CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

(AGGRAVATING CIRCUMSTANCES)

Art. 14. Aggravating The following are aggravating

circumstances. circumstances:

1. That advantage be taken by

the offender of his public
position.

2. That the crime be committed 1. That the public authority I

in contempt or with insult to the engaged in the exercise of his
public authorities. functions

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.
2. That the public authority is
not the person against whom th
crime is committed
3. The offender knows him to be
a public authority
4. His presence has not
prevented the offender from
committing the criminal act
Abuse of confidence
1. That the offended party had trusted
the offender
2. That the offender BUSED THE
confidence of the offended party
3. That the abuse of confidence
facilitated the commission of the
crime
Obvious ungratefulness
1. That the offended party had trusted
the offender
2. Abused such trust by committing a
crime against the offended party
3. That the act be committed with
obvious ungratefulness
5. That the crime be committed 1. When it facilitated the commission
of the crime
in the palace of the Chief 2. When especially sought for by the
Executive or in his presence, or offender to insure the commission
where public authorities are of the crime or for the purpose of
impunity
engaged in the discharge of their 3. When the offender took advantage
duties, or in a place dedicated to thereof for the purpose of impunity
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 have
acted together in the
commission of an offense, it
shall be deemed to have been
committed by a band.

7. That the crime be committed

on the occasion of a
conflagration, shipwreck,
earthquake, epidemic or other
calamity or misfortune.

8. That the crime be committed 1. that the men or persons took

with the aid of armed men or
persons who insure or afford
impunity.
part in the commission, directly
or indirectly
2. that the accuser availed
himself of their aid or relied
upon them when the crime was
committed
recidivist 9. That the accused is a
recidivist.
A recidivist is one who, at the
time of his trial for one crime,
shall have been previously
convicted by final judgment of
another crime embraced in the
same title of this Code.
1. That the offender is on trial for an
offense
2. That he was previously convicted
by final judgementof another crime
3. That both the first and the second
offenses are embraced in the same
title of the code
4. That the offender is convicted of
the new offense

Reiteracion or habituality 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.
1. That the accused is on trial for
an offense
2. That he previously served
sentence for another offense to
which the law attaches an equal
or greater penalty or 2 or more
lighter penalties than that for
the new offense

3. That he is convicted of the

new offense

11. That the crime be committed Reward must be the primary

in consideration of a price, reason or premordial motive for
reward, or promise. the commission of the crime

12. That the crime be committed

by means of inundation, fire,
poison, explosion, stranding of a
vessel or international damage
thereto, derailment of a
locomotive, or by the use of any
other artifice involving great
waste and ruin.

1. The time when the offender

determined to commit the crime
 13. That the act be committed 2. An act manifestly indicating that
the culprit has clung to his
with evidence premeditation. determination
3. A sufficient lapse of time between
the determination and execution,
to allow him to reflect upon the
consequences of his act and to
allow his conscience to overcome
the resolution of his will

14. That the craft, fraud or

disguise be employed.

15. That advantage be taken of

superior strength, or means be
employed to weaken the
defense.

alevosia 16. That the act be committed
with treachery (alevosia).
There is treachery when the
offender commits any of the
crimes against the person,
1. That at the time of the attack, the
victim was not in a position to
defend himself
2. That the offender consciously
adopted the particular means,
method or form of attack employed
by him

employing means, methods, or

forms in the execution thereof
Considered present in:
which tend directly and specially
to insure its execution, without mistake in personnae and
risk to himself arising from the
aberratio ictus
defense which the offended
party might make.

17. That means be employed or

circumstances brought about
which add ignominy to the
natural effects of the act.

18. That the crime be committed

after an unlawful entry.
 19. There is an unlawful entry
when an entrance of a crime a
wall, roof, floor, door, or window
be broken.

20. That the crime be committed

with the aid of persons under
fifteen years of age or by means
of motor vehicles, motorized
watercraft, airships, or other
similar means. (As amended by
RA 5438).

21. That the wrong done in the
commission of the crime be
deliberately augmented by
causing other wrong not
necessary for its commissions.
1. that the injury caused be
deliberately increased by
causing other wrong
2. that the other wrong be
unnecessary for the executon of
the purpose of the offender

 Prev (/law-library/criminal-law/general-provisions/1050-alternative-circumstances.html)

Next  (/law-library/criminal-law/general-provisions/1048-justifying-circumstances.html)

Craft, Fraud, or Disguise as Aggravating Circumstances (/law-library/criminal-law/general-provisions/2408-craft,-

fraud,-or-disguise-as-aggravating-circumstances.html)
Evident Premeditation as a Qualifying Aggravating Circumstance (/law-library/criminal-law/general-provisions/2407-
evident-premeditation-as-a-qualifying-aggravating-circumstance.html)
Recidivism as an Aggravating Circumstance (/law-library/criminal-law/general-provisions/2403-recidivism-as-an-
aggravating-circumstance.html)
Taking Advantage of a Calamity in Committing a Crime (/law-library/criminal-law/general-provisions/2401-taking-
advantage-of-a-calamity-in-committing-a-crime.html)
Abuse of Confidence or Obvious Ungratefulness- Aggravating Circumstance (/law-library/criminal-law/general-
provisions/2397-abuse-of-confidence-or-obvious-ungratefulness-aggravating-circumstance.html)
People vs. Tolentino- Treachery, Dwelling and Nighttime (/law-library/criminal-law/general-provisions/1565-people-
vs-tolentino-treachery-dwelling-and-nighttime.html)
Murder (/law-library/criminal-law/crimes-and-penalties/1723-murder.html)
CONCUBINAGE (/law-library/criminal-law/crimes-and-penalties/1073-concubinage.html)
DOES A PLEA OF GUILTY MEAN AN ADMISSION EVEN OF THE AGGRAVATING CIRCUMSTANCES? (/law-library/remedial-
 law/criminal-procedure/587-does-a-plea-of-guilty-mean-an-admission-even-of-the-aggravating-circumstances.html)
REASON FOR QUALIFYING OR AGGRAVATING CIRCUMSTANCES (/law-library/remedial-law/criminal-procedure/449-
reason-for-qualifying-or-aggravating-circumstances.html)

MORE ABOUT THIS TOPIC:

Craft, Fraud, or Disguise as Aggravating Circumstances (/law-library/criminal-law/general-

provisions/2408-craft,-fraud,-or-disguise-as-aggravating-circumstances.html)
Evident Premeditation as a Qualifying Aggravating Circumstance (/law-library/criminal-
law/general-provisions/2407-evident-premeditation-as-a-qualifying-aggravating-
circumstance.html)
Recidivism as an Aggravating Circumstance (/law-library/criminal-law/general-
provisions/2403-recidivism-as-an-aggravating-circumstance.html)
Taking Advantage of a Calamity in Committing a Crime (/law-library/criminal-law/general-
provisions/2401-taking-advantage-of-a-calamity-in-committing-a-crime.html)
Abuse of Confidence or Obvious Ungratefulness- Aggravating Circumstance (/law-
library/criminal-law/general-provisions/2397-abuse-of-confidence-or-obvious-
ungratefulness-aggravating-circumstance.html)
People vs. Tolentino- Treachery, Dwelling and Nighttime (/law-library/criminal-law/general-
provisions/1565-people-vs-tolentino-treachery-dwelling-and-nighttime.html)
Murder (/law-library/criminal-law/crimes-and-penalties/1723-murder.html)
CONCUBINAGE (/law-library/criminal-law/crimes-and-penalties/1073-concubinage.html)
DOES A PLEA OF GUILTY MEAN AN ADMISSION EVEN OF THE AGGRAVATING
CIRCUMSTANCES? (/law-library/remedial-law/criminal-procedure/587-does-a-plea-of-
guilty-mean-an-admission-even-of-the-aggravating-circumstances.html)
REASON FOR QUALIFYING OR AGGRAVATING CIRCUMSTANCES (/law-library/remedial-
law/criminal-procedure/449-reason-for-qualifying-or-aggravating-circumstances.html)

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