AGGRAVATING CIRCUMSTANCES alleged in the information and proven beyond Shall only serve to aggravate the liability of principals,

These are circumstances, if attendance in the commission of
the crime, serve to increase the penalty without exceeding the
maximum penalty provided by law for the offense.
- This is based on the greater perversity of the offender
as shown by:
a. Motivating power
b. Place of commission
c. Means and ways employed
d. Personal circumstance so the offender or offended
party
e. Time
4 KINDS OF AGGRAVATING CIRCUMSTANCE
1. GENERIC
This generally applies to all crimes.
(1,2,3,4,5,6,9,10,18,19,20, except by means of motor
vehicles)
 If it is not alleged, it may be proved during the trial
over the objection of the offense and may be
appreciated in imposing the sentence. In such case, it
serves only to aid the court in fixing the limits of the
penalty. It does not change the nature of the crime.
2. SPECIFIC
This applies only to particular crimes. (15,16,17,21)
3. QUALIFYING
This changes the nature of the crime. (6 treachery; and 13
evident premeditation)
 This must be alleged in the information because it is
an integral part of the offense. Otherwise, it is only
generic.
 These need not be preceded by the words
aggravating/qualifying. It is enough that they are
reasonable doubt.
4. INHERENT
By necessity, this accompanies the commission of the
crime.
o Evident premeditation is inherent in robbery,
theft, estafa, adultery, and concubinage
AGGRAVATING BUT DO NOT INCREASE PENALTY
1. Those that constitute a crime punished by special law
o Arson, destruction
2. Included by the law in defining a crime and
prescribing penalties therefore.
o In robbery in an inhabited house, the
following shall not be considered:
 Act committed in the dwelling of the
offended (par 3)
 Committed after unlawful entry (par
18)
 Destruction of wall, roof, floor, or
window (Par 19)
3. An aggravating circumstance inherent in the crime
and necessarily accompanies the commission thereof.
o Evident premeditation in theft,robbery, estafa,
adultery
o Taking advantage of public position in
bribery, malversation, etc.
AGGRAVATING CIRCUMSTANCE PERSONAL TO
OFFENDER
Aggravating circumstances that arise from:
a. Moral attributes of offender
b. Private relations of the offended party
c. Other personal cause
accomplice and accessories to whom the circumstances are
attendant.
AGGRAVATING CIRCUMSTANCE BASED ON
KNOWLEDGE
The following circumstances shall serve to aggravate the
liability of only those who had knowledge of them at the
time of execution of the act or their cooperation therein:
a. Material execution of the act
b. Means employed to accomplish it
AGGRAVATING CIRCUMSTANCE NOT PRESUMED
The aggravating circumstance should be proved as fully as the
crime itself in order to increase the penalty.
- It is never presumed.
ARTICLE 14
The following are aggravating circumstances:
1. That advantage be taken by the offender of his public
position.
2. 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.
JO VALLES
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 with the aid of armed
men or persons who insure or afford impunity.
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.
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.
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.
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).
17. 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.
18. That means be employed or circumstances brought
about which add ignominy to the natural effects of the
act.
19. That the crime be committed after an unlawful entry.
20. There is an unlawful entry when an entrance of a
crime a wall, roof, floor, door, or window be broken.
21. 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).
22. That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong not
necessary for its commissions.
Paragraph 1
TAKING ADVANTAGE OF PUBLIC POSITION
Based on greater perversity of the offender as shown in the
means employed and his personal circumstance
WHEN AGGRAVATING
This aggravating circumstance is applicable only to a public
officer who takes advantage of his public position.
o It must be proven that he used his influence, prestige,
or ascendancy that his office gives him
o It must be shown that the crime would not have been
committed had he not occupied his position.
WHEN NOT AGGRAVATING
 When a public officer commits a common crime
independent of his official functions and does acts not
connected with the duties of his office, he should be
punished as a private individual without this
aggravating circumstance.
 When the crime could have been committed had the
perpetrator not been a public officer
 Failure of an officer in his duties as such is
tantamount to abusing office
o When the VP voluntarily joins a band of
brigands, such act increases his liability.
 It is not aggravating when the act is an integral
element of the offense
o Example: malversation and falsification by
public officers
UNIFORMS
- Wearing the fatigue uniform and being armed is not
sufficient to establish that such officer took advantage
of his position.
- In the same way, the non-wearing of uniform does not
sufficiently disprove that the official did not take
advantage of his position, if the offended party was
aware that he was a policeman
Paragraph 2
CONTEMPT/ W/ INSULT TO PUBLIC AUTHORITY
Based on greater perversity of the offender as shown by his
lack of respect for public authority
Requisites:
1. The public authority is in the exercise of his
function
PUBLIC AUTHORITY is a person in authority; he
is directly vested with jurisdiction or the power to
govern and execute the laws.
o Councilor, mayor, governor, barangay
captain, and barangay chairman
This circumstance cannot be availed of if the crime
was performed in the presence of the AGENT OF A
PERSON IN AUTHORITY. He is a person who is
charged with the maintenance of public order and the
protection of security of life and property.
o Barrio councilman, barrio policeman,
barangay leader, or any person who comes to
the aid of persons in authority.
JO VALLES
 2. The crime is not directed towards the public
authority
The crime becomes direct assault if directed towards
the public authority
3. The offender knows him to be a public authority
The absence of this requisite indicates lack of
intention to insult the public officer.
4. His presence has not prevented the perpetrator to
commit the crime
Paragraph 3
(1)INSULT/DISRESPECT OF RANK, AGE, OR SEX
(2) CRIME IN THE DWELLING OF THE OFFENDED
Based on greater perversity of the offender, as shown by
the personal circumstances of the offender and the place
of commission of the crime
There are 4 circumstances contemplated in this paragraph.
Their concurrence has the weight of one aggravating
circumstance only.
- This provision is applicable only to crimes against
person or honor.
- Hence, this will not apply in robbery with homicide
because homicide is a mere incident of robbery, a
crime against property.
INSULT/DISRESPECT OF RANK, AGE, OR SEX
To be considered as aggravating, it is not enough that the
crime is directed against a person of high rank, an person of
old or tender age, or against a woman.
- There must be proof that the accused deliberately
intend to offend or insult the rank, age, or sex of the
offended party.
DISRESPECT ON ACCOUNT OF RANK
RANK refers to a high social position or standing. For this
circumstance to apply there must be a difference in the social
condition of the offender and the offended party.
- There must be proof that the accused intended to
insult the rank of the victim
DISRESPECT ON ACCOUNT OF AGE
This applies both to victims of tender and old age.
- When the injuries inflicted without any thought or
intention to insult the person on account of his or her
age, the circumstance is not considered aggravating.
DISRESPECT ON ACCOUNT OF SEX
This refers only to the female sex.
- Killing a woman is not attended by this aggravating
circumstance of the offender did not manifest any
specific insult or disrespect towards her sex.
- Disregard of sex is absorbed in treachery.
NOT APPLICABLE IN THE FOLLOWING:
a. The offender acted with passion and obfuscation. The
offender could not have been conscious that his act
was done with respect to the offended party.
b. There exists a relationship between the offender and
the offended party.
c. When the condition of being a woman is
indispensable in the commission of the crime.
CRIME IS COMMITTED IN THE DWELLING OF
THE OFFENDED
DWELLING is the building or structure, exclusively used for
rest and comfort. Hence, a combination of house and store
cannot qualify as a dwelling place.
- This includes dependencies, foot of the staircase, and
the enclosure under the house.
Dwelling, as distinguished from domicile, may be temporary.
Hence, the following may also be considered as a dwelling
place such that crimes committed against the dweller therein
will be aggravating:
a. Boarding house
b. Paternal home where the victims were guests at the
time and did not reside
c. The victims were guests in the house of another
person.
Dwelling is not included in treachery.
WHAT AGGRAVATES THE COMMISSION OF THE
CRIME IN ONE’S DWELLING
a. The abuse of confidence which the offended party
reposed in the offender by opening the door to him.
b. The violation of the sanctity of the home by
trespassing therein with violence against the will of
the owner.
o The reason why this is aggravating is because
the law accords the sanctity of privacy in the
human abode.
Requisite:
The offended party must not have given provocation.
If the offended party gave provocation, then the fact that the
offense occurred in his dwelling does not make it as an
aggravating circumstance.
The provocation referred to must be:
a. Sufficient
b. Given by the owner of the dwelling
c. Immediate to the commission of the crime
WHEN CIRCUMSTANCE APPLIES
1. When the offended party did not give provocation and
the crime against him transpired in his dwelling
2. Even if the offender did not enter the dwelling, but the
victim was shot from under the house.
- Also, it is enough that the victim was attacked inside
his house, although the assailant devised means to
attack him from outside the house.
3. Even if the killing took place outside the dwelling, as long
as the commission of the crime began in the dwelling.
- In abduction or illegal detention where the victim
was taken from his or her house and carried away to
another place, dwelling is aggravating.
4. When the deceased has 2 houses where he used to live,
the commission of the crime in any of them is
aggravating.
5. When the husband kills his wife in a house solely
occupied by her even if it is not the conjugal home.
WHEN THE CIRCUMSTANCE DOES NOT APPLY
a. When both the offender and the offended
occupy the same house.
EXCEPT: If adultery took place in the conjugal
dwelling of the spouses, the dwelling is
JO VALLES
 considered as an aggravating circumstance with
respect to the crime of adultery.
 But if the wife, her paramour, and the
offended party all lived under the
same roof, dwelling is not
aggravating.
b. When robbery is committed with force upon
things, because the entering the dwelling is
inherent or is part of the definition of the crime.
o However, dwelling is aggravating in robbery
with violence against or intimidation of
persons.
c. In crimes of trespass to dwelling
d. When the owner gave sufficient and immediate
provocation
e. When the crime was committed in the dwelling
that does not belong to the offended party.
f. When the crime is committed in the portion of the
structure which is not used for rest or comfort.
(Example: 2nd floor is used as a store)
Paragraph 4
(1)ABUSE OF CONFIDENCE
(2) OBVIOUS UNGRATEFULNESS
Based on greater perversity of the offender as shown by the
means and ways employed
ABUSE OF CONFIDENCE
Requisites:
1. The offended party trusted the offender
The circumstance does not avail if the trust was
reposed by a person other than the offended party.
(parents, friends, etc)
2. The offender abused such trust by committing a
crime against the offended party
3. The abuse of confidence facilitated the commission
of the crime.
The confidence reposed could not have facilitated the
commission of the crime if the offended party could
resists, although unsuccessfully, the commission of
the crime.
OBVIOUS UNGRATEFULNESS
The ungratefulness must be obvious, manifest and clear.
Paragraph 5
COMMISSION OF THE CRIME IN THE FOLLOWING
PLACES:
This is based on the greater perversity of the offender, as
shown by the place of the commission of the crime.
In any of the following, the offender must have intention to
commit the crime when he entered the place.
1. PALACE OF THE CHIEF EXCECUTIVE
o This is aggravating even if there is a state or
official function being held.
2. ANY PLACE WHERE THE CHIEF EXEC IS
PRESENT
o The chief executive need not be in
Malacanang.
o His presence in any place where the crime is
committed is enough to constitute the
aggravating circumstance
o His mere presence is enough, even though at
such time that the crime was committed, he
was not in the discharge of his functions
3. ANY PLACE WHERE PUBLIC OFFICERS ARE
ENGAGED IN THE DISCHHARGE OF THEIR
DUTIES
o The public officer must be engaged in the
performance of a duty
o The place referred to is the place where the
officer was engaged in the performance of his
duty. (His office)
PARAGRAPH 2 VS PARAGRAPH 5
PARAGRAPH 2 PARAGRAPH 5
Public authorities in the exercise of duty
Duties outside the office Duties in the office
Officer not the offended Officer may be the
offended
4. PLACE DEDICATED TO RELIGIOUS
WORSHIP
This does not include cemeteries since they are not
dedicated to the worship of God.
Paragraph 5
Paragraph 6
Based on the time and place of commission of the crime and
means and ways employed
COMMISSION OF THE CRIME IN THE FOLLOWING
INSTANCES: NIGHTTIME, UNINHABITED PLACE,
BY A BAND
Requisites to be aggravating:
a. It facilitated the commission of the crime; or
Nighttime may facilitate the commission of the crime
when because of the darkness of the night, the crime
can be perpetrated unmolested, or interference may be
avoided, or there would be greater certainty in
attaining the ends of the offender.
b. Sought for by the offender to insure the
commission of the crime or for the purpose of
impunity; or
This exists when the offender sought for it or waited
or lingered until night time to realize the crime with
more ease.
JO VALLES
 o This is absent when the notion to commit the
crime was conceived only shortly before its
commission or when the crime was
committed at night upon a mere casual
encounter.
o This is not necessary when a and c are
present.
c. When the offender took advantage thereof for the
purpose of impunity
“For purpose of impunity” means that he wanted to
prevent his being recognized, or to secure himself
against detection and punishment.
NIGHTTIME
This is the period of darkness beginning at the end of dusk
and ending at dawn. Nights are from sunset to sunrise.
- The crime must be begin and be accomplished at
nighttime
- The crime must be committed in the darkness of the
night. Hence, when the place of the crime is
illuminated by light, nighttime is not aggravating.
- Nighttime by and of itself is not aggravating
- It must be shown that the offender sought for it and
took advantage of it to commit the crime
UNINHABITED PLACE
It is a place where there are no houses at all, at a considerable
distance from town, or the houses are scattered at a great
distance from each other.
- This should not be considered when the place where
the crime happened could be seen or the voice of the
victim could be heard.
- The determining factor is whether or not in the place
of the commission of the crime, there was a
reasonable possibility of the victim receiving some
help
BY A BAND
A crime is committed by a band whenever more than 3
armed malefactors shall have acted together in the
commission of the offense.
- By this definition, a crime is not committed by a band
when only one of the several men committed the
crime.
o All of them must have direct participation in
the perpetration of the crime. Hence, if one
of the 4 is a principal by inducement, there is
no band.
- At least 3 should also be armed. (Stone is considered
an arm)
BAND AND OTHER FELONIES
1. This is not aggravating in brigandage because it is
inherent in the said crime.
2. The aggravating circumstance of taking advantage of
superior strength is absorbed by the generic
aggravating circumstance of the commission of the
offense by a band.
3. This is not available in crimes against chastity.
4. This is considered in crimes against property and
crimes against persons
5. It is considered in illegal detention and treason.
Paragraph 7
COMMISSION OF THE CRIME ON THE OCCASION
OF CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC, OR OTHER CALAMITY
OR MISFORTUNE
This has reference to the time of the commission of the crime
The reason for this aggravation is that this is a debased form
of calamity 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.
- If the accused is provoked by the offended party to
commit the crime during calamity or misfortune, there
is no aggravation because the accused did not take
advantage.
The phrase other calamity or misfortune does not include
chaotic conditions after liberation.
- An exception is the ruling in the case of People vs
Penjan
Paragraph 8
CRIME IS COMMITTED WITH THE AID OF (1)
ARMED MEN OR (2) PERSONS WHO INSURE OR
AFFORD IMPUNITY.
Requisites:
1. The armed men took part directly or indirectly
The casual presence of armed men near the place
where the crime was committed does not constitute as
an aggravating circumstance.
2. The accused availed himself of their aid or relied
upon them when the crime was committed
AID OF ARMED MEN EMPLOYMENT OF A BAND
Present even if one of Requires that at least 4 armed
the offenders merely malefactors act together
relied on the aid of the
armed men; actual aid is
not necessary
Note: armed women also included
WHEN CIRCUMSTANCE NOT APPLICABLE
1. The offender and the offended were equally armed
JO VALLES
 2. When the accused and those who cooperated with him
in the commission of the crime acted under the same
plan and for the same purpose
Paragraph 9
THE ACCUSED IS A RECIDIVIST
A RECIDIVIST is one who, at the time of trial for one
crime, shall have previously been convicted by final judgment
of another crime embraced in the same title of the RPC.
Requisites:
1. The offender is on trial for an offense
Note that the basis is the time of the trial, and not the
time of the commission of the crime.
2. Previously convicted by final judgment of another
crime
o There is not recidivism if the subsequent
conviction is for an offense committed before
the offense involved in the prior conviction.
o Person is not a recidivist if the conviction of
the prior crime was on December 30, and the
conviction of the latter crime was on
December 23 of the same year.
 At the time of the commission of trial
for the 2nd crime, he was not yet
convicted.
3. The first and second offenses are embraced in the
same title of the RPC
a. Title 10: Crimes against property- robbery and
theft
b. Title 8: Crimes against persons- homicide and
physical injuries.
4. The offender is convicted of the new offense
Additional Notes:
a. There is recidivism no matter how many years have
intervened between the first and second felonies.
b. Pardon does not prevent a former conviction from
being considered as an aggravating circumstance.
o Pardon for a preceding offense does not
obliterate the fact that the accused is a
recidivist upon his conviction of a second
offense embraced in the same title of the
RPC.
o Amnesty, however, extinguished the penalty
and all its effects.
Paragraph 10
REITERACION OR HABITUALITY
The basis is the greater perversity of the offender as shown by
his inclination to crimes
Requisites:
1. The accused is on trial for offense
2. He has previously served sentence for another
offense to which the law attaches equal penalty,
greater penalty, or lighter penalty for 2 or more
crimes.
o It is essential for the offender to serve the
sentence.
o What is contemplated is the penalty
attached by law to thee offense, and not
the penalty actually imposed.
o Hence, if two different crimes were
punished by prision mayor but the other
one was imposed with the maximum
period and the other only for the
minimum, there is still habituality.
3. He is convicted of the new offense
RECIDIVISM VS REITERACION
RECIDIVISM REITERACION
Final judgment is sufficient Offender must have served
Offenses in the same title Offenses MUST NOT be in
the same title of the RPC
Always an aggravating Not always aggravating, such
circumstance unless given as when the first offense was
amnesty a crime against property and
the subsequent offense a
crime against persons.
4 FORMS OF REPETITION:
a. Recidivism
b. Reiteracion or habituality
c. Multi-recidivism or habitual delinquency
HABITUAL DELINQUENCY arises when a
person, within a period of 10 years from his last
release or conviction for the crimes below is found
guilty of the same crimes for the 3rd time or oftener.
o serious or less serious physical injuries, theft,
estafa, robbery, falsification
d. Quasi-recidivism
QUASI-RECIDIVISM arises when a person
commits a felony after having been convicted by final
judgment, before beginning to serve such sentence or
while serving the same.
Paragraph 11
CRIME COMMITTED IN CONSIDERATION OF A
PRIICE, REWARD OR PROMISE
The basis is the greater perversity of the offender as shown by
the motivating power
Requisite:
1. There must be 2 or more principals:
JO VALLES
 a. One who offers the price- he directly induces the o There should be actual intent to kill, and the The prosecution must prove:
latter to commit the crime; principal by use of the fire should be purposely adopted as a. The time when the offender determined to commit
a means to that end. the crime
inducement o Without intent, it is plain arson o This is essential for the computation of the
b. One who accepts the price- he directly commits b. By means of explosion lapse of time for reflection
the crime o There should be actual intent to kill, and the b. An act manifestly indicating that the culprit has
2. The price, reward or promise must be for the use of the explosion should be purposely clung to his determination
purpose of inducing another to perform the deed. adopted as a means to that end. o This must be based on external acts and not
o Without intent to kill, it is a crime involving presumed from lapse of time
o It should not be taken as an aggravating
destruction. o It must be shown that it was deliberately
circumstance if the reward was given after the c. By means of derailment of locomotive planned and the person persistently and
commission of the crime as an appreciation o There should be actual intent to kill, and the continuously followed his plan.
This aggravating circumstance affects equally the offeror and derailment of locomotive should be purposely c. A sufficient lapse of time between the
the acceptor. adopted as a means to that end. determination and execution, to allow him to
o If only property is damaged as a result of reflect upon the consequences of his act and to allow
Paragraph 12 derailment, it is merely damage to means of his conscience to overcome the resolution of his will.
CRIME COMMITTED BY MEANS OF communication. o 3 hours or less was considered sufficient
a. INUNDATION o If there is no intent to kill but someone dies, it o However, in People v Dumdum, 1 hour was
is complex crime of damage to means of held to be sufficient
b. FIRE
communication with homicide o In People v Crisostomo, 2 hours was not
c. POISON o When there is intent to kill and someone dies, enough
d. EXPLOSION it is murder.
e. STRANDING OF A VESSEL OR When this aggravating circumstance already qualifies the CONSPIRACY PRESUPPOSES PREMEDITATION
INTERNATIONAL DAMAGE THERETO crime to murder, it shall no longer be taken into consideration When conspiracy is directly established with proof of the
f. DERAILMENT OF A LOCOMOTIVE for the purpose of raising the penalty. The means become part attendant deliberation and selection of the method, the time
of the definition of a particular crime. and the means of executing the crime, the existence of evident
g. OR BY THE USE OF ANY OTHER ARTIFICE
premeditation can be taken for granted.
INVOLVING GREAT WASTE AND RUIN. Paragraph 13 - Premeditation may not be appreciated if the
The basis is the ways and means employed CRIME COMMITTED WITH EVIDENT conspiracy is only implied
PREMEDITATION PREMEDITATION AND REWARD
AS A GENERIC CIRCUMSTANCE The basis is the ways of committing the crime They can co-exist but premeditation is absorbed by the reward
Unless used by the offender as a means to accomplish the PREMEDITATION or promise.
criminal purpose, any of these circumstances cannot be The execution of the criminal act must be preceded by cool
considered to increase the penalty or to change the nature of thought and reflection upon the resolution to carry out the PLAN TO KILL A PARTICULAR PERSON NOT
the offense. criminal intent during the space of time sufficient to arrive at a NECESSARY
calm judgment. a. If there was a plan to kill a particular person and a
AS A QUALIFYING CIRCUMSTANCE - This may be considered as to the principal by different person was killed, there is no evident
When used as a means to kill another person, the crime is inducement. premeditation as an aggravating circumstance.
qualified murder. Requisites of evident premeditation
a. By means of fire Premeditation must be evident, not merely suspected.
JO VALLES
 b. If there was a plan to kill any person, and a person
was actually killed, evident premeditation as an
aggravating circumstance exists.
c. Where the victim belonged to the class designated by
the accused, premeditation as an aggravating
circumstance also exists.
PREMEDITATION IN ROBERY W/ HOMICIDE
GENERAL RULE: This is not considered because
premeditation is inherent in robbery.
EXCEPTION: It may be an aggravating circumstance if it is
shown that there was premeditation as to the killing of the
victim.
When the death of the victim was only incident to the robbery,
premeditation is disregarded.
Paragraph 14
CRAFT, FRAUD, OR DISGUISE BE EMPLOYED
The basis is the means employed
(Intellectual or mental means to carry out the crime)
CRAFT (Astucia)
 This involves chicanery or intellectual trickery and
cunning on the part of the accused.
o Pretending to be the lover of the servant to
gain access to the house
o Pretending to be a passenger in a cab to kill
the driver
 Craft is not appreciated independently as an
aggravating circumstance when it is an element of an
offense.
FRAUD (Fraude)
 This involves insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out the design
CRAFT VS FRAUD
CRAFT FRAUD
The act of the use was done There is direct inducement by
in order not to arouse insidious words or
suspicion the victim machinations
DISGUISE (Disfraz) o However this is not considered in parricide
 Resorting to any device to conceal identity because being a woman is inherent in such
o But if the victim recognizes the accused, crime.
disguise is not aggravating
 This constitutes superficial but effective WHEN THERE IS NO TAKING ADVANTAGE
dissembling to avoid identification 1. One attacks with passion and obfuscation
o When one is easily recognizable, it was not 2. When the encounter arose unexpectedly
considered to be a disguise. Tanga lang siya. 3. When the attack was made alternatively
 Examples: 4. When one acted as principal and the other as
o Wearing a mask to conceal identity accomplice
o Use of assumed name in the publication of a o It must appear that the accused cooperated
libel together in some way designed to weaken the
o Covering face with handkerchief so as not to defense
be recognized CRIMES WHEN ABUSE OF STREGNTH IS
CRAFT DISGUISE AGGRAVATING
misrepresentation as to the Use of props to conceal 1. Coercion and forcible abduction, when greatly in
identity of the accused to identity excess of what is required to commit the offense
avoid suspicion 2. Illegal detention
More mental or intellectual More physical 3. Robbery with rape
4. Multiple rape
Paragraph 15 5. Robbery with homicide
The basis is the means employed
ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH ELEMENT OF BAND ABUSE OF STRENGTH
This means using purposely excessive force out of proportion This is appreciated based on This is appreciated based on
to that means of defense available to the person attacked. the number of perpetrators. the relative physical strength
- This is absorbed by treachery a. There must be at least of the accused vis a vis the
Evidence of relative strength is necessary. It must be shown 4 malefactors victim.
that the accused was physically stronger than the victim and b. All must be armed
that they abused such superiority.
 Numerical superiority does not always amount to MEANS EMPLOYED TO WEAKEN THE DEFENSE
taking advantage of superior strength. It must be This is applicable only in crimes against persons.
shown that: - Sometimes applicable in crimes against both persons
a. There is a marked difference of physical strength and property
between the accused and the victim. OR This aggravating circumstance is absorbed by treachery.
b. The aggressors are armed in such a way that is not
proportionate to that if the victim, if ever he was Examples:
also armed. 1. One throws sand to the eyes of the other and attacks
 When a man attacks a woman with a weapon, it may the latter
be considered as abuse of superior strength 2. One throws a cloak over the head of the other and
attacks the latter
JO VALLES
 3. When the accused made the deceased intoxicated
o However, if it is shown that the victim was in
a state of intoxication such that he cannot put
up any sort of defense, treachery may be
considered.
Paragraph 16
TREACHERY (ALEVOSIA)
The basis is the means employed
TREACHERY
This occurs 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.
Element of surprise marks the presence of treachery.
- The offended party was not given the opportunity to
make the defense
In treachery, the identity of the victim is not necessary.
That is, the perpetrator is liable for his acts even if the
victim of the attack was not the person whom he intended
to kill.
Requisites:
1. At the time of the attack, the victim was not in a
position to defend himself
2. Offender consciously adopted the particular means,
method or form of attack employed by him
RULES
a. Available only to crimes against persons
b. Means methods, and forms need not insure the
accomplishment or consummation of the crime
o The law speaks only of insuring its execution
 The accused attacked the victim
unexpectedly and the wounds
inflicted would have caused death,
had there been no obstacles during
the execution.(frustrated murder
with alevosia)
 Even if the murder was not
consummated, alevosia applies
o The treacherous character does not depend on
the result, but the means itself
c. The mode of attack is consciously adopted
o This can be inferred from the circumstances
o The mode of attack must be thought of, and
not a product of unexpected turn of events
o The accused must make preparations to
ensure its execution
o Treachery cannot be appreciated when there
is nothing to show that the accused pondered
upon the mode or method of killing the
deceased or remove or diminish any risk to
himself that may arise from the defense of the
victim.
WHEN THERE IS TREACHERY
1. Shooting the victim from a distance
2. Surprise attacks
3. Shooting or wounding from the back
o But treachery may also exist even if the attack
is face to face, as when the attack was so
sudden and unexpected and the victim did not
have the time to prepare or defend himself.
4. Deliberate, sudden, and unexpected attack of the
victim from behind and without giving him an
opportunity to defend himself.
5. Shooting the victim whose hands were raised in plea
of his life and in showing that he does not want to
fight
6. Killing a woman asking for mercy
WHEN THERE IS NO TREACHERY
1. Attack preceded by warning
2. Accused gave the deceased a chance to prepare
3. Shooting was preceded by heated discussion
4. The victim had provoked the assailant. He should
have expected retaliation.
PROOF OF TREACHERY
This must be proven as fully as the crime itself
- Treachery cannot be presumed
- The suddenness of the attack does not, of itself,
suffice to support the finding of alevosia
EXAMPLESS OF ALEVOSIA
GENERAL RULE: In the absence of proof, there is no
alevosia.
- The victim is not totally without opportunity to
defend himself
- The witness did not see how the crime began and
developed so as to show that there was treachery or
that the accused completely deprived him of defense
- The encounter was merely accidental. The accused
could not have planned the treachery.
- Decision to kill was sudden
- Perpetrator hid behind a tree not to insure the
commission of the crime, but because he was scared
that the victim might have a gun with him.
EXCEPTIONS:
Circumstances that clearly show that the victim was rendered
defenseless
- Both hands were tied. Victim had no way to defend
himself
- Treachery is appreciated in the killing of a child even
if the manner of attack was not shown.
MUST TREACHERY BE PRESENT AT THE
BEGINNING OF THE ASSAULT?
It depends.
a. When the aggression is continuous, treachery must
be present at the beginning of the assault.
b. If the assault was not continuous, or that there was
interruption, it is sufficient that treachery was
present at the moment the fatal blow was given.
Note:
- Intent to kill is not necessary in murder with treachery
(People v Cagoco)
JO VALLES
 - Intent to kill is necessary in murder by means of fire
(US v Burns)
- Treachery, evident premeditation, and use fo superior
strength are absorbed in treason by killings.
- Treachery absorbs use of superior strength, aid of
armed men, by a band, and means to weaken the
defense.
- Craft is included in and absorbed by treachery
- Treachery is inherent in murder by poisoning
- Treachery cannot co-exist with passion or obfuscation
Some rules:
1. When there is conspiracy, treachery is considered
against all the offenders.
2. When it is not shown that the principal by induction
directed the killer to adopt the means and methods he
adopted, treachery cannot be considered as to the
principal by induction.
Paragraph 17
ADD IGNOMINY TO THE NATURAL EFFECTS
The basis is the means employed
IGNOMINY
This is a circumstance pertaining to the moral order, which
adds disgrace and obloquy to the material injury caused by the
crime.
- There must be clear showing that the effect is more
humiliating or puts the offended party to shame,
adding moral suffering
- Hence, it presupposes that the victim survives after
the commission of the crime. A dead person cannot be
humiliated.
This is applicable in:
1. Crimes against chastity
2. Less serious physical injuries
3. Light coercion
4. Grave coercion
5. Murder
Paragraph 18
CRIME COMMITTED AFTER AN UNLAWFUL
ENTRY
The basis is the means and ways employed
There is UNLAWFUL ENTRY when an entrance is effected
by a way not intended for the purpose.
- Unlawful entry is a means to effect entrance, not
escape
Examples:
 Entering through the window, which is not proper
entrance into the house
 Rape committed in a house after entry into window
 Murder when the accused entered through the window
o In this case, dwelling and unlawful entry are
taken separately as aggravating circumstances
 Robbery with violence against or intimidation of
persons
o However, not applicable in robbery with force
upon things because unlawful entry is an
element of the crime.
Paragraph 19
WALL, ROOF, FLOOR, DOOR, OR WINDOW
BROKEN
The basis is the means and ways employed
Breaking of the parts of the structure above must be as a
means to the commission of the crime.
- The circumstance applies if the part of the structure
was resorted to as a means to enter, not to escape.
- Cutting of the canvas of the tent where soldiers are
sleeping and thereafter said soldiers were murdered.
Note: what aggravates is the act of breaking. Hence, it is not
necessary that the offender should have entered the building.
Difference with Paragraph 18:
d. In 18, there is no breaking. In 19, there is
breaking.
e. In 18, there must be actual entry. In 19, there
may or may not be entry.
Paragraph 20
The basis is the means and ways employed
CRIME IS COMMITTED WITH THE AID OF:
PERSONS UNDER 15 YEARS OF AGE
The reason for this is because this practice is resorted to by
professional criminals to avail themselves of minors taking
advantage of their irresponsibility.
MOTOR VEHICLES, AIRSHIPS, OR SIMILAR MEANS
The use of motor vehicles is aggravating when it is used to:
a. Going to the crime scene
b. Carrying away the effects of the crime
c. Facilitating escape
It is also AGGRAVATING when:
a. Used as a means for the flight or concealment of the
offender.
b. It plays an important role in the commission of the
crime
It is NOT AGGRAVATING when:
a. The use is merely incidental and not purposely sought
to facilitate the commission of the offense or to render
the escape easier.
b. When there is no showing that it was used to facilitate
the commission of the crime or that that without it, the
crime would not have been committed
OTHER SIMILAR MEANS
This refers to motorized vehicles or other efficient means of
transportation similar to automobile or airplane
Paragraph 21
WRONG DONE DELIERATELY AUGMENTED BY
CAUSING ANOTHER WRONG NOT NECESSARY
The basis is the ways employed
CRUELTY
This exists when the culprit enjoys and delights in making his
victim suffer slowly and gradually, causing him unnecessary
physical pain in the consummation of the criminal act.
Requisites:
JO VALLES
 1. Injury is deliberately increased by causing the other
wrong
2. The other wrong is unnecessary for the execution of
the purpose of the offender.

TO BE AGGRAVATING
It must be shown that:
a. The wrong done was intended to prolong the
suffering of the victim, causing him unnecessary
physical pain.
o Hence, this cannot arise when the acts are
committed after the person died. A dead
person cannot feel pain.
o This must be proved, not assumed
b. The accused enjoyed and delighted in such

Note:
a. Number of wounds alone does not show cruelty.
o It could merely be caused by multiple
assailants
o Mere fact of inflicting various successive
wounds upon a person to cause his death,
without appreciable time to show that the
offender wanted to prolong the suffering of
his victim, is not sufficient.

JO VALLES