• __

to religious worship.

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REASON ADDITIONAL RULE FOR part 1 and part 3
• Greater perversity of the offender, - Offender must have intention to commit a crime when he/she
- as shown by the PLACE of the commission of the entered the place
crime, which must be respected. — - People v. Jaurigue: At the time of the commission of
the crime, both deceased and defendant were inside
the chapel. Deceased placed his hand on the thigh of
Paragraph the defendant, who got her fan knife and stabbed
5 Paragraph 2 him. Held: There is no evidence to show that the
where public authorities are defendant had murder in her heart when she entered
engaged in the discharge in contempt or with insult to the chapel on the fatal night.
of their duties the public authorities - Ruling also applies in cases of crime committed in
Public authorities in the Malacañang palace or where public authorities are
performance of their Public authorities in the engaged in the discharge of their duties.
duties must be in their performance of their duties ---------------------------------------------------------
office outside of their office
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Public authority should not

Public authority may be be the offended party U.S.
the offended party v. BALUYOT

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“in the palace of the Chief Executive or in his
presence”
- RULE: Place is aggravating, regardless of whether State or
official or religious functions are held, if it is Malacañang palace
or a church.

- RULE: Chief Executive need not be in Malacañang palace.

- RULE: His presence alone in any place where the crime is

committed is enough to constitute the aggravating
circumstance even if he is not engaged in the discharge of his
duties in the place where the crime is committed.
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“Where public authorities are engaged in the
discharge of their duties”
- As regards to the place where the public authorities are
engaged in the discharge of their duties, there must be some
performance of public functions.
- This aggravating circumstance was appreciated in a
crime of murder in an electoral precinct during
election day as it is a place “where public authorities
are engaged in the discharge of their duties” on such
day (People v. Canoy)
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“Or in a place dedicated to religious worship”
- Cemeteries are not such place, however respectable they
may be, as they are not dedicated to the worship of God.
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