Art 14 Aggravating

Circumstances
 Art 14 Aggravating
Circumstances

• Serve to increase the penalty without, however, exceeding the

maximum of the penalty by law for the offense

• Basis: Greater perversity of the offender

• Manifested in the commission of the felony as shown in (5): 1

the motivating power itself; 2 the place of commission; 3 the
means and ways employed; 4 the time; 5 the personal
circumstance of the offender, or of the offended party
 Art 14 Aggravating
Circumstances

• Shall not be appreciated if

• They constitute a crime especially punishable by law

• They are included by the law in defining a crime and

prescribing a penalty thereof
 Art 14 Aggravating
Circumstances

• Art 62

• Par 2: The same rule shall apple

 Art 14 Aggravating
Circumstances
• Kinds 4:

• Generic - generally apply to all crimes

• Specific - apply only to particular crime

• Qualifying - changes the nature of the crime

• Inherent - those that must necessarily accompany the

commission of the crime

• Plus 1: Special Aggravating

 Generic vs Qualifying
Gives the crime its proper and
Increases the penalty which should
exclusive name and places the
As to it’s be imposed upon the accused to
effect on the the maximum period but without author thereof in such a situation as
to deserve no other penalty than
penalty exceeding the limit prescribed by
that prescribed by law for said
law
crime

As to
May be offset by an ordinary Cannot be offset by a mitigating
susceptibility
mitigating circumstance since it is circumstance since it is considered
of being
not an ingredient of the crime an ingredient of the crime
offset

As to it’s
effect on the Does not change the nature of the Changes the nature and the name
nature of the offense of the offense
crime
 Generic Aggravating
Circumstances
• CRNAP-D-BUHUC 11:
6. Crime committed in the dwelling
of the offended party Par 3;
1. Contempt of insult of public
authority Par 2;
7. Breaking of part of the house Par
19;
2. Recidivism Par 9;
8. Unlawful entry Par 18;
3. Nighttime, Uninhabited place, or
Band Par 6;
9. Habituality Par 10;
4. Abuse of confidence or obvious
10. Use of person under 15 years of
ungratefulness Par 4;
age Par 20;
5. Place and time of commission of
11. Craft, Fraud, or Disguise Par 14
the offense Par 5;
 Specific Aggravating
Circumstances
• RATIC 5:

1. Insult or Disregard of rank, age, or sex due the offended party applicable
only in crimes against persons and honor Par 3

2. Advantage be taken of superior strength or means be employed to weaken

the defense applicable only to crimes against person Par 15

3. That the act be committed with treachery (alevosia) only applicable to

crimes against persons Par 16

4. Ignominy applicable only in crimes against chastity Par 17;

5. Cruelty in crimes against persons Par 21

 Qualifying Aggravating
Circumstances

• Circumstances which qualify the killing of a person to murder

(6)

• Circumstances which qualify the killing of a person to theft (6)

 Qualifying Aggravating
Circumstances
Art 248 Murder (6):

1. Treachery Par 16, taking advantage of superior strength Par 15,

with the aid of armed men Par 8, or employing mean to weaken
the defense Par 15, or of means or persons to insure or afford
impunity Par 8;

2. In consideration of a price, reward, or promise Par 11;

3. By means of inundation, fire, poison, explosion, stranding of a

vessel or intentional damage thereto, derailment of a locomotive,
or by use of any other artifice involving great waste or ruin Par 12;
 Qualifying Aggravating
Circumstances
Art 248 Murder (6):

4. On occasion of a conflagration, shipwreck, earthquake,

epidemic, or other calamity or misfortune Par 7;

5. With evident premeditation Par 13;

6. With cruelty, by deliberately and inhumanly augmenting the

suffering of the victim, or outraging or scoffing at his person or
corpse
 Qualifying Aggravating
Circumstances
Art 310 Qualified Theft (6):

1. If committed by a domestic servant

2. Or with grave abuse of confidence

3. Or if the property stolen is motor vehicle, mail matter or large cattle

4. Or consists of coconuts taken from the premises of the plantation

5. Or fish taken from the fishpond or fishery

6. Or If property is taken on the occasion of fire, earthquake, typhoon

volcanic eruption, or other calamity, vehicular accident, or civil distrubance
 Inherent Aggravating
Circumstances
• Those that must necessarily accompany commission of the crime. Thus, they are
not appreciated as aggravating circumstances within the contemplation of Art 14
and are treated as essential elements of the offense to which they form an integral
part. Thus, they generally do not serve to increase the penalty RPC, Art 62, Par 2

• Ignominy in rape Art 266-A

• Fraud in estafa Art 315

• Breaking of wall or unlawful entry into a house in robbery with the use of force
upon things Art 299

• Abuse of public position in malversation of public funds and property Art 217

• Deceit in simple seduction Art 338

 Special Aggravating
Circumstances
• Those which arise under special conditions to increase the penalty of the offense and cannot be offset
by mitigating circumstances

• Special Aggravating Circumstances (5):

1. Complex Crime Art 48;

2. Use of unlicensed firearm:

1. When inherent in the crime RA10591

2. In the commission of brigandage Art 306 as amended by RA 12

3. Taking advantage of public position Par 1 and membership in an organized/syndicated crime group
Art 62 Par 1

4. Error in personae Art 49

5. Quasi-recidivism Art 160

 Art 14 Aggravating
Circumstances 1 of 2
Article 14. Aggravating circumstances. - 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.
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.
 Art 14 Aggravating
Circumstances
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).
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.
17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.
20. 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).
21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary
for its commissions.
Art 14 Par 1 Take Advantage of
Public Position

• That advantage be taken by the offender of his public position

• Basis: Greater Perversity, Personal Circumstance, Means used

• Art 62.1(a): When in the commission of the crime, advantage

was taken by the offender of his public position, the penalty to
be imposed shall be in its maximum regardless of mitigating
circumstances
Art 14 Par 1 Take Advantage of
Public Position

• US vs Rodriquez: The public

officer must use the influence,
prestige or ascendancy which his
office give him as the means by
• IPA test: Influence, Prestige,
which he realises his purpose.
Ascendancy
The essence of the matter is
presented in the inquiry, “Did the
accused abuse his office in order
to commit the crime?”
Art 14 Par 1 Take Advantage of
Public Position

• Position is an integral element or

inherent in the offense - not
aggravating

• Could have perpetuated the crime

without occupying position - not
aggravating

• Wearing uniform - depends

Art 14 Par 2 Contempt of or with
Insult to the Public Authorities

• That the crime be committed in contempt of or with insult to the

public authorities

• Basis: Greater Perversity as shown in the lack of respect for the

public authorities

• 4 Requisites: Exercise of office, Offended party is not the public

official, Knows of holding public office, Presence of PO has not
prevented the offender from committing the crime
Art 14 Par 2 Contempt of or with
Insult to the Public Authorities

• Public authority vs agent of

public authority

•
 Art 14 Par 3 R.A.S. and
Dwelling

• 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,

• That it be committed in the dwelling of the offended party, if

the latter has not given provocation

• Basis: Greater perversity

 Art 14 Par 3 R.A.S. and
Dwelling

• People vs Pagal: It is not proper to

consider this aggravating circumstance
• R.A.S. is applicable only to in crimes against property. Robbery
with homicide is primarily a crime
crimes against persons or against property and not against
honor persons.

• People vs Mangsant: There must be

• “With insult or in disregard” evidence that in the commission of the
evidence of deliberate intent crime, the accused deliberately
intended to offend or insult the sex or
age of the offended party.
 Art 14 Par 3 R.A.S. and
Dwelling

• Rank = high social position

or standing

• Age = both minority and

senility

• Sex = female sex

Art 14 Par 4 Abuse of confidence
and obvious ungratefulness

• That the act be committed with abuse of confidence or obvious

ungratefulness

• Basis: Greater perversity as shown by the means and ways

employed

• Requisites 3 TAF: Trust, Abuse of trust, Facilitated the crime

Art 14 Par 4 Abuse of confidence
and obvious ungratefulness

• Offended party must be the one

who reposed his confidence in the
offender

• Abuse of confidence is inherent in

Qualified Seduction Art 337,
Qualified Theft Art 310, Estate by
conversion or misappropriation
Art 315, and Malversation Art
217 - not aggravating
Art 14 Par 4 Abuse of confidence
and obvious ungratefulness

• Abuse of confidence facilitated

the commission of the crime
Art 14 Par 4 Abuse of confidence
and obvious ungratefulness

• That the act be committed with abuse of confidence or obvious

ungratefulness

• Basis: Greater perversity as shown by the means and ways

employed

• Requisites 3 TAO: Trust, Abuse of trust, Obvious ungratefulness

Art 14 Par 4 Abuse of confidence
and obvious ungratefulness
• People vs Floresca: Accused
killed his father-in-law in whose
house he lived and who partially
supported him

• Ungratefulness must be obvious • People vs Lupango: Accused

lived in the house of the victim
i.e. manifest and clear
and is his employer

• People vs Bautista: Victim was

suddenly attacked while in the act
of giving the assailants their bread
and coffee for breakfast.
Art 14 Par