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    Criminal Law 1 Article 14. Aggravating Circumstances: ST ND

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    Joni Puray
    1) The document discusses various aggravating circumstances under Philippine criminal law that may increase the penalty for a crime if present. These include taking advantage of a position of authority or trust, committing a crime at night to ensure impunity, recidivism or prior convictions, and using means like weapons or explosives to commit the crime. 2) Some aggravating circumstances only apply if certain conditions are met, such as the offender abusing their office for personal gain or the victim being in a private residence without provocation. Casual presence of armed individuals is not enough; the offender must avail themselves of armed aid. 3) The document outlines four forms of repetition as aggravating circumstances: recidivism, reiteracion, multi

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    Criminal Law 1 Article 14. Aggravating Circumstances: ST ND

    Uploaded by

    Joni Puray
    61 views1 page
    1) The document discusses various aggravating circumstances under Philippine criminal law that may increase the penalty for a crime if present. These include taking advantage of a position of authority or trust, committing a crime at night to ensure impunity, recidivism or prior convictions, and using means like weapons or explosives to commit the crime. 2) Some aggravating circumstances only apply if certain conditions are met, such as the offender abusing their office for personal gain or the victim being in a private residence without provocation. Casual presence of armed individuals is not enough; the offender must avail themselves of armed aid. 3) The document outlines four forms of repetition as aggravating circumstances: recidivism, reiteracion, multi

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    crim law memory aid

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    Memory Aid

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    1) The document discusses various aggravating circumstances under Philippine criminal law that may increase the penalty for a crime if present. These include taking advantage of a position of authority or trust, committing a crime at night to ensure impunity, recidivism or prior convictions, and using means like weapons or explosives to commit the crime. 2) Some aggravating circumstances only apply if certain conditions are met, such as the offender abusing their office for personal gain or the victim being in a private residence without provocation. Casual presence of armed individuals is not enough; the offender must avail themselves of armed aid. 3) The document outlines four forms of repetition as aggravating circumstances: recidivism, reiteracion, multi

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views1 page

    Criminal Law 1 Article 14. Aggravating Circumstances: ST ND

    Uploaded by

    Joni Puray
    1) The document discusses various aggravating circumstances under Philippine criminal law that may increase the penalty for a crime if present. These include taking advantage of a position of authority or trust, committing a crime at night to ensure impunity, recidivism or prior convictions, and using means like weapons or explosives to commit the crime. 2) Some aggravating circumstances only apply if certain conditions are met, such as the offender abusing their office for personal gain or the victim being in a private residence without provocation. Casual presence of armed individuals is not enough; the offender must avail themselves of armed aid. 3) The document outlines four forms of repetition as aggravating circumstances: recidivism, reiteracion, multi

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    Criminal Law 1 Par 7.

    Basis: has reference to the time of commission of the crime


    Article 14. Aggravating Circumstances -Taking advantage of the misfortune to despoil people
    -Although not alleged, they may still be considered in the -Offender must take advantage of the calamity or misfortune
    award of damages. (Exemplary damages) -Chaotic condition after liberation is not included
    Except in the case of People v. Penjan. Chaotic condition
    Par 1. resulted from the liberation of San Pablo considered a
    Basis: greater perversity personal circumstance calamity
    applicable only when offender is a public officer
    must use influence, prestige or ascendency Par 8.
    Did the accused abuse his office to commit a crime? Basis: means and ways of committing the crime
    Requisites:
    -Present when a councilor collects fines and misappropriates That armed men or persons took part in the
    them. commission of the crime, directly or indirectly
    -When the public officer did not take advantage of the influence That the accused availed himself of their aid or relied
    of his position, this aggravating circumstance is not present. upon them when the crime was committed.
    Rule: The casual presence of armed men near the place where
    Par 2. the crime was committed does not constitute an aggravating
    Basis: greater perversity lack of respect to pub. authorities circumstance when it appears that the accused did not avail
    Requisites: himself of their aid or rely upon them to commit the crime.
    Pub. Authority is engaged in ex. of his functions
    >not the person against whom the crime is committed Par. 9
    Offender knows him to be a pub. authority Basis: greater perversity as shown by his inclination to crimes
    Presence not prevented offender from criminal act Recidivist. Requisites:
    That offender is on trial for an offense
    Par 3. That he was previously convicted by final judgment of
    Basis: greater perversity personal circumstance of the another crime
    offended party and the place of commission of the crime 1st & 2nd offenses are embraced in the same title
    Not applicable when: That offender is convicted of the new offense
    Offender acted with passion and obfuscation
    There exists a relationship between the offended and Par 10.
    the offender Basis: greater perversity as shown by his inclination to crimes
    When condition of being a woman is indispensable Requisites:
    Provocation: That the accused is on trial for an offense
    Given by the owner of the dwelling That he previously served sentence for another
    Sufficient offense to which the law attaches an equal or greater
    Immediate to the commission of the crime penalty, or for two or more crimes to which it attaches
    Dwelling not aggravating when: a lighter penalty than that for the new offense
    Both are occupants of the same house That he is convicted of the new offense
    Robbery committed by use of force upon things Four forms of repetition:
    because it is inherent 1. Recidivism (par 9, art. 14)
    Trespassing 2. Reiteracion or habituality (par 10, art. 14)
    3. Multi-recidivism or habitual delinquency (art 62 par 5)
    Owner of dwelling gave provocation
    4. Quasi-recidivism (art. 160)
    Dwelling did not belong to the offended party
    Rape was committed in the ground floor of a store Habitual delinquency when a person, within a period of 10
    Dwelling aggravating when: yrs. from the date of his release or last conviction of the crimes
    Victim raped in the boarding house can be dwelling of serious or less serious physical injuries, robbery, theft,
    Victims were raped in their paternal home estafa or falsification, is found guilty of any of said crimes a
    Victim was killed in house of her aunt temp dwelling third time or oftener. May be either a recidivist or habitual.
    While sleeping as guests in another house killed
    Par 11.
    Par 4. Basis: greater perversity as shown by motivating power itself
    Basis: greater perversity by means and ways employed -Affects the person who received and the person who gave
    Abuse of Confidence exists only when the offended party has -Price, reward or promise must be for the purpose of inducing
    trusted the offender who later abuses such trust. another to perform the deed
    Requisites:
    Offended party had trusted the offender Par 12.
    Offender abused such trust by committing crime Basis: has reference to means and ways employed
    Abuse of confidence facilitated the crime -Unless used by the offender as a means to accomplish a
    Ungratefulness must be obvious, manifest and clear. criminal purpose, any of the circumstances in par 12 cannot be
    considered to increase the penalty or to change the nature of
    Par 5. the offense
    Basis: place of commission of crime, which must be respected -When another aggravating circumstance already qualifies the
    Difference between par. 2 and par. 5: crime, any of these aggravating circumstances shall be
    In both, authorities are in the performance of duties considered as generic aggravating circumstance only.
    5 must be in their office; 2 outside their office -When there is no actual design to kill a person in a burning
    2 NOT the offended party; 5 may be the offended house, it is plain arson even if a person is killed.
    -When used as a means to kill another person, the crime is
    Par 6. murder.
    Basis: Time and place of crime and means employed -If the purpose of the explosion, inundation, fire or poison is to
    Nighttime, uninhabited place or band is aggravating when: kill, the crime committed is murder. It should not be considered
    It facilitated the commission of the crime as generic aggravating circumstance because it is an integral
    Especially sought for by the offender to insure the element of the offense
    commission of the crime of for the purpose of -But if a house was set on fire after the killing of the victim,
    impunity there would be 2 separate crimes of arson and murder or
    The offender took advantage thereof for the purpose homicide
    of impunity

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