Legal

Research
Aggravating Circumstances

By:
Nikki Joy Barroga
Danielle Jude Pasamonte
REPORT OUTLINE
1 Definition..................................................................................................................................................2
2 Basis.........................................................................................................................................................2
3 Kinds of Aggravating Circumstances.........................................................................................................2
4 Distinction................................................................................................................................................2
5 Article 14 of the Revised Penal Code.........................................................................................................3
6 Aggravating Circumstances (Proper)........................................................................................................4
1. Taking Advantage of Public Office.......................................................................................................4
2. Contempt or Insult to Public Authorities..............................................................................................5
3. Disregard of Rank, Age, Or Sex and Dwelling of the Offended Party....................................................5
4. Abuse of Confidence and Obvious Ungratefulness...............................................................................6
5. Palace and Other Places of Commission of Offense..............................................................................7
6. Night-time, Uninhabited Place, Or Band..............................................................................................8
7. On Occasion of Calamity or Misfortune................................................................................................9
8. Aid of Armed Men, Etc.........................................................................................................................9
9. Recidivist............................................................................................................................................10
10. Reiteration or Habituality...................................................................................................................12
11. Price, Reward or Promise...................................................................................................................12
12. By Means of Inundation, Fire, Etc.......................................................................................................13
13. Evident Premeditation.......................................................................................................................13
14. Craft, Fraud or Disguise......................................................................................................................14
15. Superior Strength Or Means to Weaken Defense...............................................................................15
16. Treachery...........................................................................................................................................15
17. Ignominy............................................................................................................................................15
18. Unlawful Entry...................................................................................................................................16
19. Breaking Wall, Etc..............................................................................................................................16
20. Aid Of Minor Or By Means of Motor Vehicles.....................................................................................16
21. Cruelty................................................................................................................................................17
7 Other Aggravating Circumstances..........................................................................................................18
Aggravating Circumstances
1 DEFINITION
Aggravating circumstances are those which serve to have the penalty imposed in its maximum period or
change the nature of the crime.

2 BASIS
The greater perversity of the offense as shown by:
a. the motivating power behind the act
b. the place where the act was committed
c. the means and ways used
d. the time
e. the personal circumstance of the offender
f. the personal circumstance of the victim

3 KINDS OF AGGRAVATING CIRCUMSTANCES

a. Generic – that which generally applies to all crimes.
b. Specific – that which applies to a particular felony.
c. Qualifying – that which changes the nature of the felony and elevates it to a higher category.
d. Inherent – that which is a part of the felony and therefore does not increase the penalty.
e. Special – that which arises under special conditions to increase the penalty of the offense and cannot
be offset by mitigating circumstances.

4 DISTINCTION

Qualifying Aggravating Circumstance Generic Aggravating Circumstance

Gives the proper and exclusive name, places Increase penalty to the maximum, without
the author thereof in such a situation as to exceeding limit prescribed by law
deserve no other penalty than that specifically
prescribed by law
Cannot be offset by Mitigating Circumstance May be compensated by Mitigating
Circumstance
Must be alleged in the information. Integral Need not be alleged. May be proved over the
part of the offense objection of the defense. Qualifying if not
alleged will make it generic
5 ARTICLE 14 OF THE REVISED PENAL CODE
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.
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.
19. 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.
6 AGGRAVATING CIRCUMSTANCES (PROPER)
1. TAKING ADVANTAGE OF PUBLIC OFFICE
Requisites:
1. The person committing the crime is a public officer
2. That said public officer used the influence, prestige and ascendancy of his office in the
commission of the crime
3. There must be a proof that the accused took advantage of his public position.

Some principles on Abuse of Public Position:

 It cannot be offset by any mitigating circumstances because this is a qualifying/special kind of
aggravating circumstance.
 Under Section 23, 1(a) of RA 7659, the penalty imposed shall be in its maximum regardless of
mitigating circumstances.
 Where the public position is an element of the offense, such as Bribery, there is no
aggravating circumstance because it is absorbed the crime/offense itself.

Illustration:
 A police officer authorized to carry a gun, has succeeded in going through a checkpoint
unmolested or unsuspected because of his public position. He committed a crime of Robbery
with homicide. There is aggravating circumstance by taking advantage by the offender of his
public position.
 In the case of a C0ngressman who offered resistance to his captor upon being surprised in a
gambling house, this aggravating circumstance is not present (People v. Veloso, 48 Phi. 169)
The reason for this ruling is that the Congressman did not take advantage of the influence or
reputation of his office.

Basis:
Greater perversity as shown by:
- Personal Circumstance of the Offender
- Means used to secure the commission of the crime
2. CONTEMPT OR INSULT TO PUBLIC AUTHORITIES
Public authorities – public officers directly vested with jurisdiction and who have the power to govern
and execute the laws.

Requirements:
1. That the public authority is engaged in the exercise of his functions.
2. That the public authority is not be the person against whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.

Some principles of Contempt or with Insult to Public Authorities:

 If the crime was committed in the presence of policemen or NBI, it is not aggravating because
they are not considered persons in authority, they are merely agents of a person in authority.
 Agent of a person in authority – a subordinate charged with the enforcement of the law and
protection of life and property
 Teachers, professors, supervisors of public and duly recognized private schools, colleges and
universities, as well as lawyers are persons in authority only for purposes of direct assault and
simple resistance, but not for purposes of aggravating circumstances.

Illustration:
 X, despite his knowledge of the presence of the Judge, still continued to assault Y, his
opponent.
 Paragraph 2 of Article 14 was not applied in a case where the crime was committed in the
presence of the chief of police of a town, because he is not a public authority, but an agent of
the authorities. (People v. Siojo, 61 Phil. 307)

Basis:
Greater perversity as shown by lack of respect for public authorities

3. DISREGARD OF RANK, AGE, OR SEX AND DWELLING OF THE OFFENDED PARTY

RANK, AGE, OR SEX

Rank – difference in the social condition of the offender and the offended party
Age – tender age or old age of the offended party
Sex – applies to the female sex only

Requisites:
1. Specific fact or circumstance of deliberate intention to disregard or insult age, sex or rank
2. Proof of fact of disregard and deliberate intent

Illustration:
 The deceased victim is a 60 years old woman while the accused is only 23 years old.
Aggravating on account of age or sex.
 A janitor attacked his boss is aggravating on account of rank.
 The aggravating circumstances of the sex and age of the injured party as well as those of
dwelling place and nighttime must also be taken into account. (People v. Taga, 53 Phil. 273)
 Basis:
Greater perversity as shown by personal circumstance of the offended party

DWELLING

Dwelling – a building or structure exclusively used and devoted for rest and comfort, and it includes
every dependency of the house which forms an integral part thereof.

Inclusions:
a. staircase of the house
b. terrace
c. room of a bedspacer in a boarding house
d. hotel if rented as a dwelling
e. roof of the house
f. comfort rooms in the Provinces
g. garage if connected with the interior passage of the house

Requisites:
1. That the crime be committed in the dwelling of the offended party
2. That the offended party must not give provocation
If the following requisites of provocation are present then dwelling is not aggravating.
a. Given by the owner of the dwelling
b. Sufficient
c. Immediate to the commission of the crime
d. And close relation between the offender and offended

Some principles of crimes committed in the Dwelling:

 If the dwelling is both that of the offended party and the offender, dwelling is not aggravating.
 Victim may be the owner, occupant or lessee of the house
 It is not necessary that the accused have actually entered the dwelling of the victim
 If the victim was forcibly taken from her house, brought elsewhere and was raped, it is
aggravating by reason of dwelling

Illustration:
 It is not necessary that the accused should have actually entered the dwelling of the victim to
commit the offense. It is enough that the victim was attacked inside his own abode, although
the assailant might have devised means to perpetrate the assault from the outside (People vs
Bagsit, 409 SCRA 350)

Basis:
Greater perversity as shown by place of the commission of the crime

4. ABUSE OF CONFIDENCE AND OBVIOUS UNGRATEFULNESS

Requisites of Abuse of Confidence
1. The offended party had trusted the offender
2. The offender abused such trust by committing a crime against the offended party
3. The abuse of confidence facilitated the commission of the crime
 Requisites of Obvious Ungratefulness
1. The offended party had trusted the offender
2. The offender abused such trust by committing a crime against the offended party
3. That the act be committed with obvious ungratefulness
4. The ungratefulness clear and manifest ingratitude on the part of the accused

Some principles of Abuse of Confidence or Obvious Ungratefulness:

 Do not confuse this with mere betrayal of trust. This is aggravating only when the very
offended party is the one who reposed the confidence. If the confidence is reposed by
another, the offended party is different from the fellow who reposed the confidence and
abuse of confidence in this case is not aggravating.

Illustration:
 X who had taken shelter in the house of his brother, Y, raped his niece, W.
 The offender is a servant of X when he poisoned the latter’s child.
 A jealous lover, who had already determined to kill his sweetheart, invited her to ride in the
country. The girl unsuspecting his plans, went with him. While they were in the car, the
jealous lover stabbed her. It was held that this aggravating circumstance was present (People
vs Marasigan, 70 Phil. 583)

Basis:
Greater perversity as shown by means and ways employed.

5. PALACE AND OTHER PLACES OF COMMISSION OF OFFENSE

Some principles to remember:

 The place of the commission of the felony, if it is in Malacanang palace or church, is
aggravating, regardless of whether the state or official or religious functions are being held.
 The mere presence alone of the Chief Executive (need not be in the palace) to constitute such
aggravating circumstance.
 BUT 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.
 Offender MUST have intention to commit a crime when he entered the place.

UNDER PAR 5. UNDER PAR 2.

The public authorities are in the performance of their duties.
The public authorities who are in the Public authorities are performing their duties
performance of their duties MUST be in their outside of their office.
office
Public authority MAY be the offended party The public authority should not be the
offended party

Illustration:
 In a case where the accused shot the victims inside the church or in a case of unjust vexation
where the accused kissed a girl inside a church when a religious service was being solemnized
(People v. Añonuevo; People v. Dumol)
 Basis:
Greater perversity as shown by the place of the commission of the crime.

6. NIGHT-TIME, UNINHABITED PLACE, OR BAND

When nighttime, uninhabited place or band is aggravating –
1. When it facilitated the commission of the crime; or
2. When especially sought for by the offender to insure the commission of the crime of for the
purpose of impunity
3. When the offender took advantage thereof for the purpose of impunity.

NIGHTTIME

Nighttime – it is defined under Article 13 of the New Civil Code as a period of time from sunset to
sunrise.

Some principles on crimes committed in the night time:

 If the crime started during daytime and ended nighttime, it is not aggravating
 If the crime started at night and ended at day, it is not aggravating
 The rule is: the crime must begin and end during nighttime. Darkness is what makes the
circumstance aggravating.

Illustration:
 The fact that the scene of the incident was illuminated by light on the street as well as that
inside the vehicle of which was a passenger, negates the notion that the accused had
especially sought or had taken advantage of nighttime in order to facilitate the commission of
the crime of theft or for purposes of impunity (People v. Jason)

UNINHABITED PLACE

Some principles on crimes committed in an Uninhabited Place:

 It is determined not by the distance of the nearest house to the scene of the crime but
whether or not in the place of the commission of the offense, there was a reasonable
possibility of the victim receiving some help.
 Evidence tending to prove that the offender took advantage of the place and purposely
availed of it is to make it easier to commit the crime, shall be necessary.

Illustration:
 X is on board a banca, not so far away. Y and Z also are on board on their respective bancas.
Suddenly, W showed up from underwater and stabbed X. There an aggravating circumstance
of uninhabited place here considering the fact that Y and Z before being able to give
assistance still have to jump into the water and swim towards X and the time it would take
them to do that, the chances of X receiving some help was very little, despite the fact that
there were other persons not so far from the scene (People v. Rubia 52 Phil. 172)

CRIME BE COMMITTED BY A BAND

 Band – there is a band, whenever more than three (3) armed malefactors shall have acted together in
the commission of an offense.

Some principles on crimes committed in an Uninhabited Place:

 Even if there are four, but only three or less are armed, it is not a band.
 If the meeting of the offended person and the band is casual, it is not aggravating.

Illustration:
 The band must be composed of more than three armed persons. Hence, even if there are 20
persons, but only 3 are armed, this aggravating circumstance by a band cannot be considered
(US vs Mendigoren 1 Phil. 658)

Basis:
Time and place of the commission of the crime and means and ways employed

7. ON OCCASION OF CALAMITY OR MISFORTUNE

Rationale: It is aggravating because instead of lending aid to the afflicted, the accused adds suffering
by taking advantage of the victims’ misfortune.

Some principles to remember:

 The crime must be committed on the occasion conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune
 The offender must take advantage of the any of the said situation
 Mere coincidence of said situations to the commission of the crime is not aggravating

PAR 7 PAR 12
The crime is committed ON The crime is committed BY
THE OCCASION of a MEANS OF ANY such acts
calamity or misfortune involving great waste or ruin.

Illustration:
 A fireman who commits robbery in a burned house, or that of a thief who immediately after a
destructive typhoon steals personal property in the demolished houses.

Basis:
Time of the commission of the crime

8. AID OF ARMED MEN, ETC.

Requisites:
1. That armed men or persons took part in the commission of the crime, directly or indirectly
2. That the accused availed himself of their aid or relief upon them when the crime was
committed.

Some principles to remember:

  In this circumstance, at least two (2) persons are involved because the law uses the words
“men” and “persons”.
 The accused must relied on the presence and aid of the armed men, otherwise, it is not
aggravating.

WITH THE AID OF ARMED MEN BY A BAND

(PAR 8) (PAR 6)
Is present even if one of the Requires more than 3 malefactors
offenders merely relied on their aid, who shall have acted together in the
for actual aid is not necessary. commission of an offense
DID NOT INITIATE, JUST AIDED  ALL PRINCIPALS
PRINCIPAL PERPETRATOR
No required number of malefactors

Illustrations:
 X, the accused, committed robbery in a particular area. The policemen, Y and Z, assured X
that they would not patrol the area to ensure the commission of the said crime. This is an
aggravating circumstance by the aid of policemen to ensure or afford impunity.
 A, in order to get rid of her husband, secured the services of other Moros by promising them
rewards and had them kill her husband. In accordance with the plan, they armed themselves
with clubs, went to the house of the victim and clubbed him to death while A held a lighted
lamp. A also supplied them with rope with which to tie her husband. In this case, A committed
parricide “with the aid of armed men” (People v. Ilane, G.R. No. L-45902, May 31, 1938)

Basis:
Means and ways of committing the crime

9. RECIDIVIST

Different forms of repetition or habituality of the offender

1. Recidivism under Article 14 (9) – The offender at the time of his trial for one crime shall have
been previously convicted by final judgment of another embraced in the same title of the Revised
Penal Code.

2. Repetition or reiteracion under Article 14 (10) – The offender has been previously punished for
an offense which the law attaches an equal or greater penalty or for two or more crimes to which
it attaches a lighter penalty.

3. Habitual delinquency under Article 62 (5) – The offender within the period of 10 years from the
date of his release or last conviction of the crimes of serious or less serious physical injuries, robo,
hurto, estafa or falsification, is found guilty of the any of said crimes a third time or oftener.

4. Quasi-recidivism under Article 160 – Any person who shall commit a felony after having been
convicted by final judgment before beginning to serve such sentence or while serving such
sentence shall be punished by the maximum period prescribed by law for the new felony
Recidivist – a person 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 the Revised Penal Code.
 Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title of the Code.
4. That the offender is convicted of the new offense.

Some principles in Recidivism:

 In recidivism, the crimes committed should be felonies. Recidivism cannot be had if the crime
committed is a violation of a special law.
 Recidivism does not prescribe. No matter how long ago the offender was convicted, if he is
subsequently convicted of a crime embraced in the same title of the Revised Penal Code, it is
taken into account as aggravating in imposing the penalty.
 Pardon does not erase recidivism, even if it is absolute because it only excuses the service of
the penalty, but not the conviction.
 If the offender has already served his sentence and he was extended an absolute pardon, the
pardon shall erase the conviction including recidivism because there is no more penalty so it
shall be understood as referring to the conviction or the effects of the crime.

Illustration:
 X was convicted of Homicide on September 15, 2017. There being no appeal, judgment
became final on October 1, 2017. The second conviction for Murder was rendered on October
26, 2017. In this case, X is considered a recidivist.

Habitual Delinquent – an offender within the period of 10 years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robo, hurto,
estafa or falsification, is found guilty of the any of said crimes a third time or
oftener.

RECIDIVISM HABITUAL DELINQUENCY

1. 2nd conviction is enough 1. 3rd conviction is necessary
2. Requires the crime to be under the 2. Crimes are specific
same title 3. When the next crime committed
3. Does not prescribe happened after the reglamentary
4. Generic aggravating which can be period – cannot be considered.
offset by an ordinary mitigating 4. Special must be considered,
circumstance additional penalty every crime
committed back then.

Basis:
Greater perversity as shown by his inclination to crimes

10. REITERATION OR HABITUALITY

 Repetition or reiteracion – The offender has been previously punished for an offense which the law
attaches an equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty.

Requisites:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law attaches an equal or
greater penalty, or for two or more crimes to which it attaches lighter penalty than that for
the new offense; and
3. That he is convicted of the new offense.

Rationale: It is aggravating because the law expects that since the accused has already tasted
punishment, he should more or less refrain from committing crime again.

Some principles in Reiteracion:

 In reiteracion, the offender has already tasted the bitterness of the punishment
 The crime subsequently committed should be higher or at least equal to the penalty that the
accused has already served
 If the subsequent crime committed is lighter than the crime to which the penalty has been
served, the requirement to make it aggravating is that two (2) or more crimes must be
subsequently committed

RECIDIVISM REITERACION
1. Requires previous conviction with 1. Requires service of sentence
final judgment 2. Not required to be under the same
2. The offense falls under the same title
title 3. Equal or greater penalty as
3. NO requirement required to compared to what the accused is
penalty attached facing now or if lighter, there must
be at least 2 offenses.

Illustration:
 If X had been punished for Slight Physical Injuries in 2016 and in 2017 committed Rape, his
liability therefore is aggravated by Reiteracion because Rape has greater penalty than Slight
Physical Injuries.

Basis:
Greater perversity as shown by his inclination to crimes

11. PRICE, REWARD OR PROMISE

Some principles to remember:
 To be considered as aggravating, the price, reward or promise must be the primary reason or
the primordial motive for the commission of the crime, otherwise, it is not aggravating.
 Mere promise is sufficient, as long as it is the primary reason

Illustration:
  X approached Y and asked him what he thought about Z. Y answered that Z is a bad man and
he will kill him. So X told Y that if he do that, X will give him P5,000.00. After killing Z, Y
approached X and demanded the payment. In this case, there is no aggravating circumstance
in consideration of a price, reward or promise because the same is not the primary reason for
committing the crime. The primary reason was the thought that Z is a bad man.

Basis:
Greater perversity as shown by the motivating power.

12. BY MEANS OF INUNDATION, FIRE, ETC.

Some principles to remember:
 Fire is not aggravating in the crime of Arson because the same is absorbed the such crime
 The purpose in employing the means must be to kill the victim to consider it aggravating
 Whenever a killing is done with the use of fire, as when to kill someone, you burn down his
house while the latter is inside, this is murder. There is no such crime as murder with arson or
arson with homicide. The crime committed is only murder.

Illustration:
X and Y were arguing about something. One argument led to another until X struck Y to death
with a bolo. X did not know that Z, the son of Y was also in their house and who was peeping through
the door and saw what X did. Afraid that X might kill him, too, he hid somewhere in the house. X then
dragged Y's body and poured gasoline on it and burned the house altogether. As a consequence, Z
was burned and eventually died too. As far as the killing of Y is concerned, it is homicide since it is
noted that they were arguing. It could not be murder. As far as the killing of Z is concerned, the crime
is arson since he intended to burn the house only. No such crime as arson with homicide. Law
enforcers only use this to indicate that a killing occurred while arson was being committed. At the
most, you could designate it as “death as a consequence of arson.”

Basis:
Means and ways employed

13. EVIDENT PREMEDITATION

To be aggravating, the following must be appreciated:
a. The time when the offender determined to commit the crime
b. An act manifestly indicating that the culprit has clung to his determination
c. A sufficient lapse of time between the determination and execution, to allow him to reflect upon
the consequences of his act

Illustrations:
 On Monday, X thought of killing Y on Friday. X knew that Y is coming home only every Friday
so he decided to kill Y on Friday evening when he comes home. On Thursday, X met Y and
killed him. There is no evident premeditation in this case because the attack was sudden.
Instead, there is treachery.
 X and Y had a fistic fight. Y threatened to kill X shouting “hanggang bukas na lang ang buhay
mo”, and thereafter forgot everything but when he saw Y in the afternoon of that day, he
 stabbed him. There is no evident premeditation because the requite no. 2 is missing. If
however, after the threat, X bought a bolo and looked for Y whom he killed with the said bolo,
there is evident premeditation.
 In People vs. Cabodoc, the Supreme Court considered the lapse of 3 ½ hours where at 1pm,
the accused opened his balisong and uttered “I will kill him (victim)” and at 4:30pm of the
same date, the accused stabbed the victim. The 3 ½ hours from the inception of the plan to
the execution of the crime satisfies the last requisite.

Basis:
Ways of committing the crime

14. CRAFT, FRAUD OR DISGUISE

a. Craft – involves intellectual trickery and cunning on the part of the accused

Illustrations:
 The act of the accused in pretending to be bona fide passengers in the taxi cab driven by
the deceased, when they were not so in fact, in order not to arouse his suspicion, and then
killing him, constituted craft (People v. Daos, 60 Phil. 143)

b. Fraud – insidious words and machinations used to induce the victim to act in a manner which
would enable the offender to carry out his design.

Illustrations:
 Where the defendants induced their victims to give up their arms upon a promise that no
harm should be done to them, and when the latter gave up their arms, the former
attacked and killed them, it was held that there was fraud (U.S. vs Abelinde, 1 Phil. 568)

CRAFT FRAUD
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

c. Disguise – resorting to any devise to conceal identity

Illustration:
 The fact that the defendant had his face blackened in order that he should not be
recognized at the time he committed the crime constitutes the aggravating circumstance
of disguise (U.S. v. Cofrada, 4 Phil. 154)
Basis:
Means employed in the commission of the crime

15. SUPERIOR STRENGTH OR MEANS TO WEAKEN DEFENSE

Some principles on the abuse of superior strength:
  There must be evidence of notorious inequality of forces between the offender and the
offended party in their age, size and strength and that the offender took advantage of such
superior strength in committing crime.
 The fact that two (2) persons are attacking the victim does not per se constitute abuse of
superior strength. There must be use of excessive force out of proportion to the means
available to the person attacked to defend himself.

Illustration:
 One who, while fighting with another, suddenly casts sand or dirt upon the latter’s eyes and
then wounds or kills him, evidently employs means which weaken the defense of his
opponent (People v. Siatong, G.R. No. L-9242, March 29, 1957)

Basis:
Means and ways employed in the commission of the crime

16. TREACHERY
Treachery – refers to the employment of means, method and form in the commission of the crime
which tend directly and specially to insure its execution without risk to himself arising
from the defense which the offended party might make.

Requisites:
1. That at the time of the attack, the victim was not in a position to defend himself
2. That the offender consciously adopted that particular means, method or form of attack
employed by him.

Illustration:
 Treachery was present when the victim was caught defenseless when the accused suddenly
shot him from behind as he was walking along the alley (People v. Nicolas, 400 SCRA 217)

Basis:
Means and ways employed in the commission of the crime

17. IGNOMINY
Ignominy – a circumstance pertaining to the moral order, which adds disgrace and obloquy to the
material injury caused by the crime.

Illustrations:
 Killing a man in the presence of his wife is not ignominy, but raping a woman in front of her
husband is ignominy.
 In case of homicide, the victim after having been killed, his body was shoved inside a canal.
 A land owner, before he was killed, he was made to kneel in front of his househelpers (U.S. v.
de Leon, 1 Phil. 163)

Basis:
Means employed in the commission of the crime
18. UNLAWFUL ENTRY
Unlawful Entry – when an entrance is effected by a way not intended for the purpose

Some principles in unlawful entry:

 Unlawful entry inherent in the crime of Robbery with force upon things, hence, it is not
aggravating thereof.
 In Robbery with violence against/intimidation of persons, it is aggravating because it is not
inherent to such crime
 If the escape was done through the window and there is no unlawful entry, then there is no
aggravating circumstance

Illustration:
 X entered the 2nd floor window of the residence of Y, a way not intended for ingress and
committed Robbery with Homicide to Y. Such crime is aggravated by unlawful entry.

Basis:
Means and ways employed in the commission of the crime

19. BREAKING WALL, ETC.

Some principles in Forcible Entry:
 The breaking of the parts of the house must be made as a means to commit the offense.
 The forcible entry is not limited to wall, roof, floor, door or window.

Illustrations:
 X entered the door of and after killing him, escaped by breaking the jealousies of the window.
There is no aggravating circumstance here as it is not a means to commit the crime. It is a
means to escape a crime.
 Where he accused entered a field tent by cutting the ropes at the rear of the tent and killed
the victim soldiers sleeping thereat, such Murder is aggravated by Forcible Entry. (U.S. vs
Matanug, 11 Phil. 192)

Basis:
Means and ways employed in the commission of the crime

20. AID OF MINOR OR BY MEANS OF MOTOR VEHICLES

IN AID OF PERSONS UNDER 15 YEARS OLD

Rationale: to stop the practice of employing minor whom they know is exempt from criminal liability

Note: Minors here could be principal, accomplices or accessories

MOTOR VEHICLES, AIRSHIPS OR OTHER SIMILAR MEANS

 Rationale: to discourage the criminals from taking advantage of the great facilities offered by modern
means of transportation and communication.

OTHER SIMILAR MEANS

Note:
 Other similar means provided for in this article should be understood to refer to motorized
vehicle or other efficient means of transportation and similar automobile or airplane.
 The use of pedal bicycle is not an aggravating circumstance
 The use of motorized bicycle but using only foot pedal is an aggravating circumstance. There
is a decision by the Court of Appeals that a motorized bicycle is a motor vehicle even if the
offender used only the foot pedal.
 The motor vehicle must be used in the commission of the offense. If it is used only in the
escape, it is not aggravating.

Illustrations:
 A caused B, a boy 14 years old, to climb the wall of the house of C, to enter the same through
its window, and once inside to take, as in fact B took, clothes and other personal property in
the house of C, then B threw them to the ground where A picked them up. The aggravating
circumstance that the crime was committed with the aid of person under fifteen years of age
should be taken into account against A.
 Use of motor vehicle was aggravating in theft where the a truck was used in carrying away
the stolen rails and iron and wooden ties from the scene of the theft to the place where they
were sold (People v. Arabia)

Basis:
Means and ways employed in the commission of the crime

21. CRUELTY
Cruelty – when the culprit enjoys and delights in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.

Requisites:
1. That the injury caused be deliberately increased by causing another wrong
2. When the wrong done was intended to prolong the suffering of the victim, causing him
unnecessary moral and physical pain by
3. That the accused enjoyed and was delighted in making his victim suffer

Note:
The mere number of stabbed wounds, does not per se constitute cruelty. There must be
showing that the accused in doing so, finds pleasure and satisfaction

IGNOMINY CRUELTY
Involves moral suffering Refers to physical suffering
The victim is either dead or alive The victim has to be alive
Illustration:
  The act of the accused in having anal intercourse with the woman after killing her is,
undoubtedly an outrage of her corpse (People v. Buttler, G.R. No. L-50276, January 27, 1983)

Basis:
Ways employed in the commission of the crime

7 OTHER AGGRAVATING CIRCUMSTANCES

1. Under the influence of dangerous drugs (Section 17, BP 179) – it considered special/qualifying
aggravating circumstance
2. Use of unlicensed firearm (Section 1(3) of PD 1866 as amended by RA 8294) – aggravates the crime of
Homicide and Murder
3. Organized/Syndicated Crime Group (Article 23 of RA 7659) – a group of two (2) or more persons
collaborating, confederating and mutually helping one another for purposes of gain in the
commission of any crime. The maximum of the penalty shall be imposed.