Kinds:

1.Generic-generally applicable to all crimes.

2.Specific - apply only to specific crimes (ignominy –
for chastity crimes; treachery – for persons crimes).
3.Qualifying –those that change the nature of the
crime (evident premeditation- becomes murder)
4.Inherent- necessarily accompanies the
commission of the crime; it is an element of the
crime committed (evident premeditation in theft,
astafa).
 AGGRAVATING
CIRCUMSTANCES
Definition
Those circumstance which raise the
penalty for a crime without exceeding
the maximum applicable to the crime.
A public officer is any person who, by(1) direct
provision of the law,(2) popular election or (3)
appointment by competent authority shall take part
in the performance of public functions in the
Government of the Philippine Islands or shall
perform in said Government or in any of its
branches, public duties as an employee, agent or
subordinate official of any rank or class.
Essential- Public officer used the influence, prestige
or ascendancy which his office give him as the
means by which he realize his purpose.
a. Taking advantage of public position.

Article 62 was also amended by R.A.7659. The legal import of

this amendment is that the subject circumstance has been
made a qualifying or special aggravating that shall not be
offset 0r compensated by a mitigating circumstance .if not
alleged in the information ,however ,but proven during the
trial ,it is only appreciated as a generic aggravating
circumstance.
 That the act committed
1. with insult or in disregarded of the respect due
to the offended party on the acccount of his (A)
RANK, (B) AGE ,(C) SEX or
-circumstances (rank,age,sex) may be taken into
account only in crimes against person honor,it
connot be invoked in crimes against property
-Rank-refers to a high social position or standing
by which to determine ones pay and omoluments
in any scale of comparison within a position
-Age- the circumstance of lack of respect due to
age applies in case where the victim is of tender
age as well as of age ( age of the offended party)
-Sex- refers to the female sex , not to the male sex
–Requisite of disregard to rank, age ,or sex
Elements of the aggravating circumstance of
dwelling
o crimes must be against the victim’s person
or his honor
o There is deliberate intent to offend or
insult the respect due to the victim’s rank,
age ,or sex

Abuse of confidence is inherent in:

a. malversation
b.qualified theft
 c. Estafa by conversation
d. missappropriation
e. qualified seduction

Recidivist- one who at a time of his trial for a

crime shall have been previously convicted by
final judgement of another crime embraced
in the same title of the RPC
 Examples of persons in authority
a. Governor
b. Mayor
c. Barangay captain
d. Councilors
e. Government agents
f. Chief of Police
g. Secretary of the Department of
Interior and Local Government
 REITERACTION OR HABITUALITY

FOUR FORMS OF REPETITION

1. Recidivism – generic
2. Reiteraction or Habituality – generic
3. Multiple recidivism or habitual delinquency- extra ordi
nary
4. Quasi – Recidivism-special aggravating

HABITUAL DELINQUENCY- when i a person within a period of

10 years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery ,
theft, estafa or falsification is found guilty of any of said
crimes a third time or oftener.
QUASI-RECIDIVISM-any person who shall commit a felony
after having been convicted by final judgement, before
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.
TREACHERY : when the offender commits any of
the crime against the person, employing means,
methods or forms in the execution thereof which
directly and specially to insure its execution
without risk to himself arising from the defense
which the offended party might make.

IGNOMINY : is a circumstance pertaining to the

moral order ,which adds disgrace and obloquy to
the material injury caused by the crime.