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1. That advantage be Greater perversity as shown 1. Offender is a public officer  There must be proof that the accused took
taken by the offender of in their personal 2. Must his influence, ascendancy, and advantage of his public position o When a public officer commits a common
his position circumstance;Means used to prestige which his office gives him as  Present when act done by offender is crime independent of his official functions and
secure the commission of the a means by which he commences the connected with the exercise of his official does acts not connected with the duties of his
crime crime duty or function office, he should be punished as a private
 Failure in official duties is tantamount to individual without this aggravating
abusing of office circumstance (US v Dacuycuy)
 “taking advantage of public position” – the o Not aggravating when it is an integral element
RECKONING QUESTION: Did the public officer must use influence, prestige or of, or inherent in, the offense.
accused abuse his office in order to commit ascendency which his office gives him as a o Not aggravating if accused could have
a crime? means but which he realizes his purpose. perpetrated the crime without occupying police

2. That the crime be Greater perversity as shown 1. Public authority is engages in the
committed in contempt of by his lack of respect for exercise of his functions  Public authority - person in authority; a o Not applicable to a crime commited in the
or with insult to the public public authorities 2. He who is engaged in the exercise of public officer who is directly vested with presence of an AGENT ONLY.
authorities the said functions is NOT the person jurisdiction, that is a public officer who has the o Agent of a person in authority – any person
against whom the crime is committed power to govern and execute the laws. while by direct provision of law or by election
3. The offender knows him to be a or by appointment by competent authority, is
public authority charged with maintenance of public order and
4. His presence has not prevented the the protection and security of life and property.
offender from committing the criminal (any persons who comes to the aid of persons
act. *essential* in authority)

3. That the act be Greater perversity of the 1.) THERE SHOULD BE (proof of fact that There must be evidence that in the commission of the crime, the accused deliberately intended to offend or
committed (1) with insult offender, as shown by the there is ) DELIBERATE INTENT to insult the sex, age of the offended party.
or in disregard of the personal circumstance of the INSULT OR DISREGARD with
respect due the offended offended party and the place RESPECT DUE TO THE OFFENDED *provided that there must be no provocation coming from the offended party.
party on the amount of his of commission of the crime. party on the account of -----
(a) rank, (b) age, (c) sex,
or (2) that it be committed ***
in the dwelling in the RANK OF OFFENDED PARTY
offended party, if the When all the four 1.) There must be a difference in the  It should be clearly demonstrated that the o It is absorbed in the crime of direct assault
latter has not given aggravating circumstances social condition of the offender accused deliberately intended to act with insult since rank is an element thereof.
provocation are present – they should be and the offended party or high or with disregard of the respect due the victim
considered as one social position or standing on account of his rank. That the accused was
aggravating circumstance cognizant of the rank of the deceased police
officer or that he articulated words against the

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only. victim.
 Rank – a graded official standing or social
position or station


3. That the act be AGE OF OFFENDED PARTY

committed (1) with insult 1.) When the offended person, by  Circumstance of lack of respect due to age o NOT aggravating in robbery with homicide
or in disregard of the reason of age, is old enough to applies in cases where the victim is of tender because it is a crime against property
respect due the offended be the father of the offender. age as well as of old age. o Can’t be considered in the absence of evidence
party on the amount of his  When it comes to aggravating circumstances that the accused deliberately intended to offend
(a) rank, (b) age, (c) sex, you do not take them in increasing the penalty or insult the age of victim
or (2) that it be committed when they are inherent in the commission of a
in the dwelling in the crime.
offended party, if the  Determine first what crime is committed
latter has not given before considering such circumstance.


1.) Refers to the female sex, not the  Absorbed in treachery o When the offender acted with passion and
male sex.  When a person compels a woman to go to his obfuscation – this being the condition of mind,
house against her will, the crime coercion with he could not have been conscious that his act
the aggravating circumstance of disrespect to was done with disrespect to the offended party.
sex is committed. (US v Quevengco) o When there exists a relationship between the
 Killing a female relative of the offended in offended party and the offender -
retaliation (People v Dayug) o When the condition of being a woman is
 Direct assault upon a lady teacher. indispensible in the commission of the crime –
thus, in (a) parricide, (b) rape, (c) abduction
or (d) seductions, SEX is not aggravating.

Greater perversity of the 2.) THAT THE CRIME BE COMMITTED

offender, as shown by the IN THE DWELLING OF THE  Dwelling must be a building or structure, o If the following requisites of provocation are
place of commission of the OFFENDED PARTY exclusively used for rest and comfort. present then dwelling is not aggravating.
offense. 1.) Crime was committed in one’s INCLUDES: 1. Given by the owner of the dwelling
dwelling a.) Dependencies 2. Sufficient
*** 2.) offended party must not give b.) The foot of the staircase and 3. Immediate to the commission of the
provocation enclosure under the house. crime
One’s dwelling place is a  Even if provocation exists, that it was not 4. And close relation bet. Offender and
“sanctuary worthy of immediately prior to the commission of the offended
respect” crime. o NOT AGGRAVATING when both offender
 Even if the offender did not enter the dwelling, and offended parties are occupants of the same
the circumstance applies – it is enough that the

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victim was attacked inside his own house by house.
the assailant’s own divisive means o When it is inherent in the crime committed:
 Aggravating in abduction or illegal detention. Robbery by the use of force on things.
 Even if the victim was just a lessee, bed-spacer o When the it is a store/house at the same time.
or a boarder. NOT TRANSIENT. o In adultery, when paramour also lives there.
 In adultery, when committed in the dwelling of

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4. That the act be Greater perversity of the ABUSE OF CONFIDENCE

committed with (1) abuse offender, as shown by the  A 9-month old child killed by an amah o The confidence must facilitate the commission
of confidence or means and ways employed. 1.) Offended party had trusted the (househelp) is a grave abuse of confidence- the of the crime, the culprit taking advantage of
(2)obvious ungratefulness offender killer of the child is the domestic servant of the offended party’s belief that the former would
*** 2.) Offender abused such trust by family and the deceased child’s amah not abuse said confidence.
committing a crime against the  Inherent in some felonies: malversation, o Betrayal of confidence is not aggravating –
There are TWO aggravating offended party qualified theft, estafa by conversion or because the victim could resist the commission
circumstances in this 3.) Abuse of confidence facilitated misappropriation. of the crime.
paragraph  Confidence between offender and offended
must be immediate and personal

 Where the accused killed his father-in-law in o The mere fact, however, that the accused and
1.) That the act must be manifest whose house he lived and who partially the offended party live in the same house is
and clear with obvious supported him. not in itself enough to hold that there was
ungratefulness  Where accused had free access to the house of present abuse of confidence where the house
the victim who was very kind to him, his was not the property of the offended party.
family and who helped him solve his

5. That the crime be Based on the greater Requisite of par 5 as distinguished from  The place of the commission of the felony (par
committed in the palace of perversity of offender, as paragraph 2 ( contempt of insult to public 5), if it is in Malacanang palace or church, is o Cemeteries are not such a place, however
the Chief of executive, or shown by the place of the authorities) aggravating, regardless of whether the state or respectable they may be, are not dedicated to
in his presence, or where commission of the crime, official or religious functions are being held. the worship of God.
public authorities are which must be respected.  The mere presence alone of the Chief
engaged in the discharge 1. In BOTH, the public authorities are in Executive (need not be in the palace) to
of their duties, or in a the performance of their duties constitute such aggravating circumstance.
place dedicated to  ^ and even if such public authority is not
religious worship. engaged in the discharge of his duties where
UNDER PAR 5. UNDER PAR 2. the crime is committed.
 BUT as regards to the place where the public
authorities are engaged in the discharge of
2. The public Public authorities their duties, there must be some performance
authorities are performing their of public functions.
who are in the duties outside of  Offender MUST have intention to commit a
performance their office. crime when he entered the place.
of their duties
MUST be in
their office

3. Public The public authority

authority should not be the

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MAY be the offended party
offended party

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6. That the crime be Based on the time and place When nighttime, uninhabited place or band is NIGHTTIME: the period beginning at the end of
committed (1) in the of the commission of the aggravating – dusk and ending at dawn. Sunset to Sunrise  To be aggravating, the prosecution must
nighttime, or (2) in an crime and the means and show that the accused purposely sought to
uninhabited place, or ways employed 1.) When it facilitated the commission  By and itself, not an aggravating circumstance commit the crime at nighttime in order to
(3) by a band, of the crime; or  It becomes so only when it is especially sought facilitate the achievement of crime, prevent
whenever such *** 2.) When especially sought for by the by the offender, or taken advantage of by him discovery, or evade capture.
circumstance may offender to insure the commission to facilitate the commission of the crime or to  MUST BE ALLEGED IN THE
facilitate the Can be considered separately of the crime of for the purpose of insure immunity from capture. INFORMATION
commission of the when their elements are impunity  For the purpose of impunity – means to
offense. distinctly perceived and can 3.) When the offender took advantage prevent the accused’s being recognized, or to o Not aggravating when crime began at daytime
subsist, revealing a greater thereof for the purpose of impunity. secure himself against detection and – when the crime was a result of a succession
degree of perversity punishment. of acts which took place within the period of 2
 The lighting of a matchstick or use of hrs., commencing at 5 pm and ending at 7pm.
IN ADDITION TO THE ABOVE REQ.--- flashlight does not negate the aggravating o When darkness of the night was merely
 NIGHTTIME circumstance of nighttime incidental to the crime committed.
 Commission of the crime must o NOCTURNITY is not aggravating where there
begin and be accomplished in the is no evidence that the accused has purposely
nighttime. sought the cover of the darkness of the night to
 The offense must be committed in commit the crime; nor is there evidence that
the darkness of the night. nighttime facilitated the commission of the
crime, aside from the fact that the scene of the
crime was illuminated.


 SOLITUDE MUST BE SOUGHT TO no houses at all, a place at a considerable distance o If offended party was casually encountered by
BETTER ATTAIN THE CRIMINAL from town, or where the houses are scattered at a the accused and the latter did not take
PURPOSE – It must appear that the great distance from each other. advantage that it facilitates the commission of
accused sought solitude of the place the crime.
where the crime was committed, in order  Should be determined, not by the distance of o Although the house nearest to the dwelling of
to better attain his purpose. the nearest house to the scene of the crime, but the victim was about a kilometer away, if the
 The offenders must choose the place as whether or not in the place of its commission, defendants did not select the place either to
an aid either there was reasonable possibility of receiving better attain their object without interference or
(1) to an easy and uninterrupted some help. to secure themselves against detection and
accomplishment of their criminal  Aggravating where the felony was perpetrated punishment.
designs. in the open sea (no help nearby)
(2) To insure concealment of the  Occupants are the only house in the place
offense, that he might thereby be
better secured against detection
and punishment.

BY A BAND: What is a band? BY A BAND:

o If one of the four armed persons is a principal
 At least 4 malefactors (with at least 1  Abuse of superior strength and use of firearms, by inducement, they do not form a band.
who is armed) absorbed in aggravating circumstance of “by a Connotes that he has no DIRECT

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 MUST act together in the commission of band”
the crime  “By a band” is inherent in brigandage PARTICIPATION in the perpetration thereof.
***EXPRESS CONSPIRACY  “By a band” is aggravating in robbery with o When nighttime, uninhabited place or by a
homicide. band did not facilitate the commission of the
NOTE: All the armed men, at least 4 in  Aggravating in crimes against property or crime, was not especially sought for or was not
number, must take direct part in the execution against persons or in the crime of illegal taken advantaged of: NOT AGGRAVATING
of the act constituting the crime (art 17, par 1 detention or treason. o When casual meeting turned into heated
RPC) argumentation and anger and did not afford the
offenders any advantage – not aggravating
o Not applicable to crimes of chastity

7. That the crime be Has reference to the time of 1.) There be a state of calamity of
committed on the the commission of the crime. epidemic or misfortune  Chaotic condition as an aggravating o Hence, chaotic condition after liberation is not
occasion of a 2.) The offender MUST take circumstance: distress similar to calamity, included in this paragraph.
conflagration, The debased form of advantage of the calamity or shipwreck, earthquake or epidemic o BUT in the case of People v Penjan, it was
shipwreck, criminality met in one who, in misfortune in committing the considered chaotic condition from the
earthquake, epidemic the midst of a great calamity, crime. liberation of San Pablo.
or other calamity or instead of lending aid to the
misfortune. afflicted, adds to their PAR 7 PAR 12
suffering by taking advantage
of their misfortune to despoil The crime is committed The crime is committed
of a calamity or such acts involving
misfortune great waste or ruin.

8. that the crime be Based on the means and ways 1.) That armed men or persons took RULE FOR APPLICATION: Not aggravating when:
committed with the aid of committing the crime part in the commission of the
of (1) armed men, or crime, directly or indirectly  The casual presence of armed men near the o Both the attacked and the attacking party were
(2) persons who insure 2.) That the accused availed himself place where the crime was committed DOES EQUALLY ARMED.
or afford impunity. of their aid or relief upon them NOT CONSTITUTE an aggravating o Accused as well as those who cooperated with
when the crime was committed. circumstance when it appears that the accused him in the commission of the crime acted
DID NOT avail himself of their AID or RELY under the same plan and the same purpose for
upon them to commit the crime. that would have constituted -> conspiracy to
WITH THE AID OF  Aid of armed men is absorbed by commit a crime.
ARMED MEN ( PR BY A BAND (PAR “employment of band” - NOTE: if there are
8) 6.) four armed men, aid of armed men is absorbed
in employment of a band. If there are 3 armed
men or less, aid of armed men may be the
Is present even if one aggravating circumstance.
of the offenders Requires more than 3  AID OF ARMED MEN = includes ARMED
merely relied on their malefactors who WOMEN.
aid, for actual aid is shall have acted
not necessary. together in the
 DID NOT commission of an
 No required
number of

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9. That the accused is a Greater perversity of the 1.) That the offender is on trial for an  ‘At the time of his trial for one crime’ – It is
RECIDIVIST offender, as shown by his offense; meant to include everything that is done in the o No recidivism if the subsequent conviction is
inclination to crimes 2.) That he was previously convicted course of the trial, from arraignment until after for an offense committed before the offense
by final judgment of another crime; sentence is announced by the judge in open involved in the prior conviction.
*** 3.) That both the first and the second court. o When one offense is punishable by an
offenses are embraced in the same  “final judgment” – executory; meaning 15 ordinance or special law and the other by the
Who is a recidivist? A code. days have elapsed from its promulgation Revised Penal Code, the two offenses are not
recidivist is one who, at the 4.) That the offender is convicted of without the convict appealing the conviction embraced in the same title of the Code.
time of his trial for one crime, the new offense.  Already final when offender started
shall have been previously serving sentence
convicted by final judgment ***  He expressly waived hi right to appeal
for another crime embraced in  He applied for probation. (he is
the same title of the code. Controlling: time of the trial; not the time of effectively waiving his motion for
There must be two the commission of the crime. reconsideration and appeal) RECIDIVISM REITERACION
convictions.  “must be embraced in the same title code” –
robbery and theft are embraced in title ten,
Time between first and 2nd offense – no
referring to crimes against property. 1. Requires previous 1.. Requires service of
prescription period for lapse of time.
 Homicide and physical injuries are embraced conviction with final sentence
in Title Eight, referring to crimes against judgment
persons. 2. The offense do not
 There is recidivism even if the lapse of time 2. The offense falls need to fall under the
between two felonies is more than 10 years. under the same title same title
 PARDON does not obliterate the fact that the
accused was a recidivist; but AMNESTY 3. No requirement as to 3. Equal or greater
penalty attached
extinguishes the penalty and its effects penalty with that
accused is facing now
or must be at least 2.
10. That the offender Same as that of recidivism, 1. That the accused is ON TRIAL
has been previously the greater perversity of the for an offense;  Reitaracion or habituality – it is essential that
punished for an offense offender as shown by his 2. That he previously served the offender be previously punished, that is, he
to which the law inclination to crimes. sentence for another offense to has served sentence, for an offense in which
attaches an equal or which the law attaches an equal the law attaches, or provides for an equal or o REITARACION or habituality not always
greater penalty for two *** or greater penalty, or for two or greater penalty than that attached by law for aggravating - if, as a result of taking this
or more crimes to more crimes to which it attaches the second offense, or for two or more offense, circumstance into acct, the penalty for the
which it attaches a despite the previous lighter penalty than that for the in which the law attaches a lighter penalty. crime of murder would be death and the
lighter penalty. punishment, the offender did new offense; and  Hence, even if the accused served the penalty offenses for which the offender has been
not learn his lesson. 3. That he is convicted of the new the prision mayor in its minimum period and is previously convicted are against property and
offense. not convicted of an offense for which the not directly against persons, the court should
penalty of prision mayor max is imposed, there exercise its discretion in favor of the accused
is still habituality, PROVIDED that the penalty by not taking this aggravating circumstance
attached to the 2 offenses is prision mayor in into account.
its full extent.

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A recidivist is one who, at the time of his trial for That the offender has been previously punished Habitual Delinquency special aggravating QUASI RECIDIVISM a special aggravating
one crime, shall have been previously convicted by for an offense to which the law attaches an equal circumstance and unlike the other kinds of aggravating circumstance which may not be offset by an ordinary
final judgment for another crime embraced in the or greater penalty or for two or more crimes to circumstance which merely increases the penalty for mitigating circumstance.
same title of the code which it attaches a lighter penalty. offense committed, habitual delinquent has its own The offender has been previously convicted by final
penalty which escalates with the increase in the number judgment and before beginning to serve such
of conviction. sentence or while serving the same committed a
The rationale here is that despite the previous felony.
punishment, offender did not learn his reason.
Reason: despite the previous punishment, the
offender did not learn his lesson.

1.) That the offender is on trial for an offense; 1) That the accused is ON TRIAL for an 1) A person is considered a habitual delinquent if •If it falls under the same title - recidivism. Where
within a period of ten years from the date of his does it fall?
2.) That he was previously convicted by final offense;
release or last conviction of the crimes of:
judgment of another crime; 2) That he previously served sentence for (FRETSEL) = Falsification, robbery, estafa,
3.) That both the first and the second offenses are another offense to which the law attaches theft, serious or less serious physical injury ART 160 RPC - commission of another crime
embraced in the same code. an equal or greater penalty, or for two or during the service of penalty imposed for another
4.) That the offender is convicted of the new more crimes to which it attaches lighter previous offense; besides the prov of rule 5 of article
62, any persons who shall commit a felony after
offense. penalty than that for the new offense; and having been convicted by final judgment, before
3) That he is convicted of the new offense. 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.

When he is a rebel and then he killed a lot of people RECIDIVISM REITERACION RECIDIVISM HABITUAL The thing is recidivism merely imposes maximum
before and then he is convicted now with homicide DELINQUENCY penalty of the period imposed
---- not the same. For the reason that it was inherent
in his crime of rebellion.  However, QR – prescribes that penalty would
1. Requires service of 1. 3rd conviction is be imposed at the maximum period. Thus
1. Requires previous
“final judgment” – executory; meaning 15 days have sentence necessary effectuates -> the penalty of recidivism because
conviction with final 1. 2nd conviction is
elapsed from its promulgation without the convict 2. Not required to be 2. Crimes are specific it is absorbed. Same ra sa effect sa recidivism.
judgment enough
appealing the conviction under the same title 3. When the next crime Or does not even matter because (unsa man
2. The offense falls 2. Requires the crime to
3. Equal or greater committed happened imo idungag) nga ang maximum ra man
under the same title be under the same title
penalty as after the reglamentary gihapon ang i-impose. Misnomer ra siya.
• Already final when offender started 3. NO requirement 3. Does not prescribe
compared to what period – cannot be  Kay if imo ithink ang purpose sa
serving sentence required to penalty 4. Generic aggravating
the accused is considered. aggravating circumstance- increase the penalty
• He expressly waived hi right to appeal attached which can be offset by
facing now or if 4. Special must be but in truth- it can only impose the maximum
• He applied for probation. (he is an ordinary mitigating
lighter, there must considered, additional period PRESCRIBED by law.
effectively waiving his motion for circumstance
be at least 2 penalty every crime
reconsideration and appeal)
offenses. committed back then. Quasi-recidivism is penalized in addition to habitual
 Recidivism cannot be appreciated where the delinquency because e of the opening phrase in
prosecution failed to present a certified true article 160 thus: “besides the provisions of rule 5 of
copies of conviction in the other case since the article 52.” The effect is to penalize the convict with
same is not cured by the failure of the accused the maximum period of the new felony committee
to object such lack of presentation. plus the penalty for the original conviction plus the
 Recidivism is an affirmative allegation penalty for the habitual delinquency. 4 counts of
whenver alleged in the information and when homicide - award for previous crimes
the accused enters a plea of not guilty to such
issues not only as to his guilt or innocence but

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also to the presence or absence of the Penalty: habitual delinquency award max of 30 years
modifying circumstances so alleged. and quasi recidivism (max) – deads.


11. That the crime be Greater perversity of the 1. Presupposes 2 or more

committed in offender, as shown by the offenders/principals  If the price or reward or promise is alleged in o If without previous promise it was given
consideration of a motivating power itself. • Principal by inducement/offeror the information as a qualifying aggravating voluntarily after the crime had been committed
price, reward of • Principal by participation/acceptor circumstance, it shall be considered against all as an expression of his appreciation for the
promise. the accused, it being an element of the crime of sympathy and aid shown by other accused, it
2. Price, reward or promise must be for the murder. should not be taken into consideration for the
purpose of inducing another to perform o Without reward in the execution is not
the deed. considered

12. That the crime be Reference to means and ways 1. Used by the offender as a means to  When another aggravating circumstance o Not aggravating or considered when death is
committed by means of employed accomplish a criminal purpose. already qualifies the crime, any of these just a result of another crime like arson.
inundation, fire, aggravating circumstances shall be considered
poison, explosion, as generic aggravating circumstance
stranding of a vessel or
intentional damage REFER TO PARAGRAPH 7
thereto, derailment of for comparison. By means of fire
a locomotive, or by the  WHEN USED AS A MEANS TO KILL o Hence, if the purpose of the explosion,
use of any other ANOTHER PERSON, the crime is murder. inundation or fire is to kill a predetermined
artifice involving waste  in order to constitute murder, there should be person, the crime committed is murder. Once
and ruin. an actual design to kill and that the use of fire any of these circumstances is alleged in the
should be purposely adopted as a means to that information to qualify the offense, it should not
end.. be considered as generic aggravating
circumstance, because it is am integral element
of the offense already
By means of explosion  If there is intent to kill and explosion is used by
the offender to accomplish his criminal ***
purpose, it is murder if the victim dies in
consequence thereof. NOTE: Each of the circumstances of fire,
explosion, and derailment of locomotive may
be a part of the definition of a particular crime,
 Under article 330, which defines and penalizes such as, arson (art 320), crime involving
the crime of damage to means of destruction (art 324) and damages and
by means of derailment locomotive communication, derailment of cars, collision or obstruction to means of communication (art
accident must result from damage to a railway, 330).
telegraph or telephone lines.
 BUT this is without prejudice to the criminal In these cases, they do not serve to increase the
liability for other consequences of criminal act. penalty, because they are already included by
the law in defining the crimes. Thus, they
should not be considered as aggravating

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circumstance and shall not be taken into
consideration in increasing the penalty.

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13. that the act be Has reference to the ways of THE PREMEDITATION must be evident, not  The date and time when the offender
committed with committing the crime, merely suspected. determined to commit the crime is essential, o Mere threats w/out the second element does
evident premeditation because evident because the lapse of time (3rd requisite) is not show evident premeditation:
“GIPAMINSARAN” premeditation implies a 1.) The time when the offender computed from that date and time.  A threat to kill, unsupported by other
deliberate planning of the act determined to commit the crime  2nd requisite is necessary which must be evidence which would disclose the true
before executing it. 2.) An act manifestly indicating that notorious and manifest, and the purpose and criminal state of mind of the accused,
the culprit has clung to his determination must be plain and have been will only be construed as a casual remark
*** determination; adopted after mature consideration on the part naturally emanating from a felling of
3.) A sufficient lapse of time between of the persons who conceived and resolved rancor and not a resolution of character
ESSENTIAL that the the determination and execution, to upon the perpetration of the crime. involved in evident premeditation.
execution of the criminal act allow him to reflect upon the  After the offenders had determined o Existence of ill-feeling or grudge alone is not
MUST be preceded by cool consequences of his act and to (conceived) to commit the crime, they proof of evident premeditation.
thought and reflection upon allow conscience to overcome the manifestly indicated that they clung to their  A nursed grudge/resentment – not a
the resolution to carry out the resolution of his will. determination ---- conclusive proof of evident
criminal intent during the o When the crime was carefully planned premeditation.
space of time sufficient to SUFFICIENT LAPSE OF TIME – by the offenders o CONSPIRACY generally presupposed
arrive at calm judgment. the offender must have an o when offenders previously prepared the premeditation – where conspiracy is directly
opportunity to coolly and serenely means which they considered adequate established, the existence of evident
THUS, evident premeditation think and deliberate on the meaning to carry it out. premeditation can be taken for granted.
may not be appreciated absent and the consequences of what he o When the defendant made repeated o BUT WHEN CONSPIRACY is only implied,
of any proof as to how and planned to doo, an interval long statements that the hour of reckoning of evident premeditation may not be appreciated,
when the plan to kill was enough for his conscience and the victim would arrive and armed in the absence of proof as to how and when the
hatched or what time elapsed better judgment to overcome his themselves with deadly weapon. plan to kill the victim was hatched and the time
before it was carried out. evil desire and scheme.  What is sufficient lapse of time? which had elapsed before the commission of
o Evident premeditation was held crime.
------- notwithstanding, the offender still attendant where the accused had had o Premeditation is ABSORBED by reward or
committed the crime which made it three day’s time to meditate upon the promise, sometimes. -> applicable only to the
aggravating because of such stubborn crime w/c he intended to commit, and inductor. The mere fact that another executed
adherence to the commission of felony. was not prompted by impulse of the the act on the promise of reward does not
moment. (People v Lasafin) necessarily mean that he had sufficient time to
o Three hours or less considered reflect on the consequences of his act.
sufficient lapse of time. o When victim is different from that intended
 Evident premeditation and PRICE or premeditation is not aggravating.
REWARD can COEXIST. – may be taken into
consideration independently of the fact that
premeditation has already been considered,
inasmuch as there exists no compatibility
between these two circumstances, because if it
is certain that as a general rule: price or reward
implies premeditation, it is no less certain that
the latter may be present without the former.
 For premeditation to exist: It is not necessary
that there is a plan to kill a particular person.  REASON FOR THE DIFFERENCE OF THE
1. The criminal intent w/c was RULING:
carried out was to kill the first two

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persons whom the accused should When the offender decided to kill a particular person
meet @ the place where he and premeditated on the killing, but when he carried
intended to commit the crime. out his plan he actually killed another person, it
cannot properly be said that he premeditated on the
13. that the act be EVIDENT PREMEDITATION
killing of the actual victim.
committed with WAS CONSIDERED
evident premeditation (Manalinde)
But if the offender premeditated on the killing of
“GIPAMINSARAN” 2. After careful thought and any person like Manalinde who decided to kill the
meditation, the accused decided to first 2 persons he would meet – is proper to consider
kill, whatever individual he should against the offender the aggravating circumstance
meet from the town where his son because whoever it is he killed was contemplated in
got the sickness of cholera. Acted his premeditation.
on impulse and vengeance
considerably, Perpetrated the And where the victim belonged to the class
crime with premeditation. designated by the accused, although the victim was
not previously determined, premeditation is
3. A general attack upon a village
having been premeditated and
In the case of Zalsos, the victim belonged to the
planned, the killing of any class which was any “persons of Macabebe” to
individual during the attack is whom he attributed with cholera epidemic in his
attended by the aggravating barrio.
circumstance of evident
premeditation. (Rodriguez)
 Evident premeditation while inherent in
robbery, may be aggravating in robbery with
homicide if the premeditation included the
killing of the victim.

14. That (1) craft, (2) Reference to the means CRAFT

fraud, or (3) disguise employed in the commission 1.) involves intellectual trickery and  Where appellant deceived the victim into o Not an aggravating circumstance where craft
be employed of the crime. cunning on the part of the accused coming to her apartment under the pretext of partakes of an element of an offense, the same
2.) Resorted to by the accused to aid in accompanying the victim to the bank, and may not be appreciated independently for the
*** the execution of criminal design. luring her to the 3rd floor of the apartment to purpose of aggravation.
Employed as a scheme in the which he committed the crime. o Not established when the evidence shows that
execution of the crime.  There is craft where accused lured victim out the accused and his companions, did not plan
This circumstance is of the house to kill him. to camouflage their hostile intentions ate the
characterized by the  Pretension whereby intent to do such a crime incipiency of the attack. (People v. Cunanan)
intellectual or mental rather would not arouse suspicion from the offended o But craft is NOT attendant where the unlawful
than the physical means to party.
which the criminal resorts to scheme could have been carried out just the
 Where four men determined to kill a man same even without the pretense.
carry out his design. faraway, invited him to go mountain climbing
and killed him there.

FRAUD  Where the defendants induced their victims to THERE IS HAIRLINE DISTINCTION
1.) Insidious words and machinations give up their arms upon a promise that no harm BETWEEN CRAFT AND FRAUD. There is craft
used to induce the victim to act in a be done to them (US v Abelinde), AND when or fraud when by trickery, accused gain entrance in
manner which would enable the the latter gave up their arms, the former killed victim’s house. Pretending to have pacific
offender to carry out his design. them. intentions, gained entrance and consent from victim
 To enter the house of Pedro, one of the accused to which facilitated commission of crime.
shouted they wanted to buy cigarettes, which

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induced the owner to open backdoor for them, CRAFT FRAUD
and one of them said they wanted to drink
water. Once inside, they committed robbery
with rape. FRAUD is aggravating.
The act of the accused When there is a direct
done in order NOT to inducement by insidious
arouse suspicion from words or machinations
the victim

DISGUISE  When the defendant covered his face with o That even though he assumed that masquerade
1.) Resorting to any devise to conceal handkerchief before committing the crime that as a disguise, he was readily recognizable
identity he should not be recognized, disguise is because his face could easily be seen together
present. with his identifying feature, disguise is not

15. that (1) advantage ABUSE OF SUPERIOR STRENGTH  THERE MUST BE EVIDENCE THAT THE o When offenders may or might have superior
be taken of superior Intentional use of superior strength ACCUSED were physically stronger and that strength, but they do not or did not take
strength or (2) means 1.) Where there is excessive force out they abused such superiority. advantage of it.
be employed to weaken
of proportion to the means of  Where the victim who died was an innocent o When one attacks another with passion and
the defense
defense available to person tender baby and the others were barely 5 and obfuscation
*** attacked. 12 years old. o Does not apply when a quarrel unexpectedly
Keyword: advantage a. When there is a  When deceased was defenseless and under the arose and the fatal blow was struck at a time
NOTORIOUS influence of liquor, a clear case of superiority when the aggressor was brawling with the
INEQUALITY of forces is present. victim.
between aggressor and the  Abuse of superior strength when a man attacks o Not applicable when the attack was made on
victim (age, size and a woman with a weapon (which his sex and the the victim alternately.
strength) weapon used afforded him in the commission o No abuse of superior strength in parricide
2.) Numerical superiority of crime) against wife.
3.) Offender uses a powerful weapon  ABUSE OF STRENGTH by NUMERICAL o The mere fact of there being superiority of
which is out of proportion to SUPERIORITY:
numbers is not sufficient to bring case within
defense. o Unarmed victim was attacked by 3 men
aggravating circumstance.
and all of them with weapons. o No abuse of superior strength when one acted
o Assailants were 4 in number and were
as principal and the other two as accomplices –
armed with bladed instruments. The inconsistent because it should be 3 men
deceased was alone, unarmed and taken cooperated together in some way designed to
BY A BAND ABUSE OF by surprise. weaken the defense.
SUPERIOR o Jurisprudence – 4 men and 1 o WHEN THERE IS TREACHERY – superior
STRENGTH defenseless victim, w/out treachery, strength is absorbed.
would constitute advantage of superior
strength (people v garcia)
Cuadrilla – Gravamen is the taking  When weapon used is out of proportion to the
1.) Atleast 4 advantage by the defense available to the offended party.
malefactors culprits of their  Aggravating in COERCION and FORCIBLE
and collective strength to ABDUCTION when greatly in excess of that
2.) All of them overpower their which is required to commit the offense.
are armed. relatively weaker  Other crimes – illegal detention by 6 men , in
victim or victims. robbery with rape committed by 4 men, in
robbery with homicide by 3 mean.

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aggressors and the Relative physical ABSORBING BAND - cuadrilla. Band and
fact that they are might vis-à-vis the abuse have the same essence which is the
armed offended party utilization of combined strength of the


DEFENSE  Exists when the offender, who had the o MEANS TO WEAKEN DEFENSE
intention to kill the victim, made the deceased ABSORBED IN TREACHERY
intoxicated, thereby materially weakening the
resisting power of victim.

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16. That the act be Reference to the means and

committed with ways employed in the Requisite: RULES REGARDING TREACHERY – o CANNOT BE PRESUMED - the suddenness
treachery (alevosia) commission of the crime 1.) That at the time of the attack, the 1.) Applicable only to crimes against person of attack, does not suffice to support a finding
victim was not in a position to 2.) Means, methods or forms need not insure of alevosia, even if the purpose was to kill, as
MEANING OF defend himself accomplishment of crime long as the decision was made all of a sudden
TREACHERY – when the 2.) That the offender consciously 3.) The mode of attack MUST be consciously and the victim’s helpless postion was
offender commits any of the adopted that particular means, adopted. accidental.
crimes against the person, method or form of attack employed o When there is NO witness to such crime
employing means, methods by him.  The treacherous character of the means o Neither was there treachery where the attack
or forms in the execution employed in the aggression does not depend was frontal, indicating that the victim was not
thereof which tend directly upon the result thereof but upon the means totally w/out opportunity to defend himself,
and specially to insure its itself, in connection with aggressor’s purpose when the surrounding circumstance was acted
execution, without risk in employing it. upon impulse.
arising from the defense  The accuse maust make preparation to kill the o Mere suddenness of the attack is not enough to
which the offended party deceased in such a manner as to insure the constitute treachery. It must be deliberately
might make. execution of the crime or to make it impossible chosen by the accused.
for the person attacked to defend himself. o Where the meeting between the accused and
 The characteristic and unmistakable the victim is casual and the attack impulsively
manifestation of treachery is the deliberate, done, there is no treachery. – the reason being
Treachery – means, Abuse of superior Means employed to sudden and unexpected attack of the victim that the accused could not have made the
methods or forms of strength – does not weaken the defense – from behind, w/out any warning and w/out preparation for the attack, the meeting between
attack are employed by employ means, methods like in treachery, but the giving him an opportunity to defend himself or him and the deceased being casual, and the
the offender to make it or forms of attack; he means employed ONLY repel the initial assault. means, method and form of attack could not
impossible or hard for only takes advantage of MATERIALLY have been thought by the accused, because the
the offended party to put his superior strength weakens the resisting Attacks showing eliminating risk – attack was impulsively done.
up any sort of resistance power of the offended o NO TREACHERY WHEN the victim was
party. a.) Victim asleep already defending himself when he was
b.) Victim half-awake or just awakened attakced by the accused.
c.) Victim grappling or being held o Mere sudden and unexpected attack does no
In relation to other circumstances - d.) Attacked from behind necessarily not give rise to treachery
a. With a firearm o No treachery where the accused gave the
b. With a bladed weapon deceased a chance to prepare.
Absorbed Inherent Not absorbed c. Other modes of armed attack o Also when the attack was preceded by a
 There is treachery in killing a child. warning. CALLING ATTENTION NOT
Abuse of
 Treachery may exist even if the attack is made NECESSARILY A WARNING.
face-to-face: o No treachery when preceded with a heated
Aid of armed men 1. When it was not preceded by a
and by a band dispute
2. And offended party was unable to
Means to weaken necessarily be alevosia – it must be sudden and
the defense prepare himself for his defense.
consciously adopted also
nighttime o Cannot co-exist with passion or obfuscation
 Summary of rules:
1. When the aggression is continuous,
Age and sex treachery must be present at the
beginning of the assault

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2. When the assault was not
continuous, in that there was an
interruption, it is sufficient that
treachery was present at the
moment the fatal blow was given.
 In treachery, it makes no difference WON the
victim was the same person whom the accused
intended to kill – because it still rendered
victim impossible to defend himself.
 Inherent in murder by poisoning

17. That means be Reference to the means IGNOMINY – a circumstance pertaining to  Applicable to crime committed against chastity
employed or employed. the moral order, which adds disgrace and  When before victim was killed, he was forced
circumstances brought obloquy to the material injury caused by the to kneel in front of his house with the servants
about which add crime in a line before him.
IGNOMINY to the  Where a woman was raped in the presence of
natural effects of the 1) the means employed or the circumstances her husband
act brought about must tend to make the effects of  Rape as ignominy in robbery with homicide
the crime more humiliating or to put the
offended party to shame.

18. that the crime be Reference to the means and Unlawful entry – when an entrance is effected  Rape committed in a house after an entry o BUT unlawful entry is one of the ways of
committed after an ways employed to commit a by a way not intended for the purpose. through the window. committing robbery with force upon things
unlawful entry. crime.  Also when the offender went into the victim’s under art 299 and art 302 of the code.
1.) To effect entrance, not for escape room through the window. Inherently in this kind of robbery.
***Reason for aggravation: o Generic aggravating – when not in the
one who acts, not respecting information, not considered.
the walls erected by men to o Not aggravating in the trespass to dwelling.
guard their property and
provide for their personal
safety shows a greater
perversity, a greater audacity;
hence, the law punishes him
with more severity.

19. that as a means to Reference to the means and 1.) Breaking of a part of the building  Under Rule 113, section 22 (revised rules of
the commission of a ways employed to commit a 2.) To effect entrance only criminal procedure) – an officer, in order to
crime, a wall, roof, crime. 3.) Utilized in the commission of the make an arrest, either by virtue of a warran or
floor or window be crime without a warrant, as provided in sec 5 may
broken. *** break into any building or enclosure where the
person to be arrested is or is reasonably
believed to be, if he is Refused admittance
SC called it the aggravating thereto, after announcing his authority and
circumstance of forcible entry purpose.

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20. that the crime be Reference to the means and 1.) Asking the minor to do the crime for the BY MEANS OF MOTOR VEHICLE – o ESTAFA, cannot be committed by means of
committed (1) with the ways employed to commit a principal because of their perceived innocence motor vehicle
aid of persons under crime. and immunity from being criminally charged. 1.) when used to facilitate the commission of the o
15 years of age or (2) crim
by means of motor ***
vehicles, airships or
similar means NOTE: if the motor vehicle was used only in
2 different aggravating circumstance in facilitating the escape, it should not be aggravating.
paragraph 20.
 Aggravating where the accused use a motor
1.) tends to repress, so far as possible, the vehicle to insure the success of their nefarious
frequent practice resorted to by pro criminals enterprise
to avail themselves od minors taking  Also referring to motorized vehicle or other
advantage of their irresponsibility efficient means of transportation similar to
automobile, airplane.
2.) intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed.

21. cruelty Reference to the means and 1.) That the injury caused be
ways employed to commit a deliberately increased by causing  CRUELTY – when the culprit enjoys and o Another wrong is not necessary for its
crime. another wrong delights in making his victim suffer slowly commission
2.) When the wrong done was intended and gradually, causing him unnecessary o Cannot be presumed
to prolong the suffering of the physical pain in the consummation of the o Plurality of wounds alone does not show
victim, causing him unnecessary criminal act. cruelty
moral and physical pain by  Refers to physical suffering of victim o No cruelty when another wrong done was
3.) That the accused enjoyed and was purposely intended by offender after the victim died.
delighted in making his victim  Considered in extracting victim’s eye and
suffer stuffing his mouth with mud
 Or burning mouth of child in murder

Rapes, robbery and other forms of cruelties

IGNOMINY CRUELTY are aggravating circumstances of ignominy
and cruelty in treason.



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