ARTICLE 14.

AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- a public officer who takes advantage of his

public position - integral element or inherent in crime
"advantage be taken by the Ex: when a councilor collects fines and Ex: malversation, falsification of document, accesory
offender of his public position" misappropriates them to the crime, rendering unjust judgment, and abuses
- personal circumstance
- The public officer must use the against chastity
That advantage be taken by the offender of of the offender
1 influence, prestige or ascendancy - - peace officers taking advantage of their public
his public position
which his office gives him as the positions - if accused could have perpetrated the crime
- means employed
means by which he realizes his without occupying his
purpose. - failure in official duties as public officer Ex: accused could have shot someone even without
Ex: Vice-President of a town voluntarily joined a being a policeman
band of brigands made his liability greater

1.Public authority is engaged in the - when crime is commited in the presence of an

exercise of his functions. agent only, who is any person who, by direct
provision of law or by election or by appointment by
"public authority" 2. Public authority engaged in the competent authority, is charged with the
- sometimes called as person in exercise of his functions is not the maintenance of public order and the protection and
authority; is a public officer who is - greater perversity of person against whom the crime is security of life and property
That the crime be committed in contempt of directly vested with jurisdiction, the offender by lack of committed. - If all the requisites are present. Ex: barrio councilman, barrio policeman, barangay
2
or with insult to the public authorities who has the power to govern and respect for the public - Persons in authority are also public authority leader, and any person who comes to the aid of
execute laws (Ex: governor, mayor, authorities 3. The offender knows him to be a perons in authority
councilor, barangay captain and public authority.
barangay chairman) - If there is an absence on the requisites.
4. His presence has not prevented
the offender from committing the - Not apllicable when committed in the presence of
criminal act. an agent
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- There must be a difference in the social

condition of the offender and the offended
party.
Ex:
- a private citizen who attacked and injured a
person in authority

- a pupil who attacked nad injured his teacher

- killing of a judge because he was strict or

because of resentment which the accused
harbored against him as a judge
- greater perversity of
"of the rank" the offender by personal
- an attempt upon the life of a general of the
- refers to a high social position or circumstance and place -
Philippine Army
standing of commission of the
crime
- the killing of staff sergeant by his corporal, of
the Assistant Chief of Personnel Transaction of
the Civil Service Commission by a clerk, of a
consul by mere chancellor, and of an army
general

- the murder by municipal mayor, of a city chief

of police by the chief of the secret service
division

- assault upon a 66-year old RTC judge by a

justice of the peace

- applies in cases where the victim is of tender

age as well as old age
Ex: - absence of evidence that the accused deliberately
"of the age"
- refers to tender age as well as old - personal circumstance - one of the victims in a murder case was a 12- intended to offend or insult the age of the victim
of the offended party year-old boy Ex: Roberry with homicide is primarily a crime
age against property and not against persons.
- person killed was eighty years old and very
weak
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- absence of evidence that the accused deliberately

- applies to female sex
intended to offend or insult the sex of the victim or
Ex:
showed manifest disrespect to womanhood
'- When a person compels a woman to go to his
house against her will - when the offender acted with passion and
- The accused who, upon knowing the death of obfuscation
"of the sex"
- refers to the female sex, not male - personal circumstance their relative, and not being able to take revenge - when there exist a relationship between the
of the offended party on the killers, because of their imprisonment,
sex selected and killed a female relative of the killers offended party and the offender
Ex: when either of the divorced couple commits a
in retaliation crime towards the other
- direct assault upon a lady teacher
- when the condition of being a woman is
indispensable in the commission of the crime
- absorbed in treachery
Ex: parricide, rape, abduction, or seduction

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 it be committed in the dwelling of the
3 offended party, if the latter has not given
provocation.

(may be taken account only in crimes

against persons or honor)
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- the abuse of confidence which the offended

party reposed in the offender by opening the
door to him

- trespassing thereinwith violation or against the

will of the owner

Provocation:
- Basically, offended party must not give
provocation.
That the act be committed with insult or in - if any of those conditions of provocation is not
disregard of the respect due the offended present
party on account of his rank, age, or sex, or
that it be committed in the dwelling of the - when the provocation is present and
3 offended party, if the latter has not given commisision of crime is not immediate
provocation. Ex: the defendant learned that the deceased and
his wife were maintaining illicit relations and
(may be taken account only in crimes one night he went to the house of the deceased
against persons or honor) and killed him the and there

- even when the offender did not enter the

dwelling
Ex:
- victim who was asleep in his house was shot as
he opened the door of his house upon being
called and awakened by the accused. - a combination house and store, or a market stall
where the victim slept

Provocation:
- when the owner of dwelling gave immediate
provocation

- when all the conditions of provocation are present

- when there is a close relation between the

provocation and the commission of the crime
meaning when the provocation is present and
commisision of crime is immediate
Ex: If the defendant surprised the deceased and the
wife in the act of adultery in the house of the
deceased

- in a case where the deceased was called down

from his house and he was murdered in the vicinity
"dwelling" Conditions of provocation: - if the deceased was only about to step on the first
- must be a building or structure, 1. Given by the owner of the
exclusively used for rest and dwelling rung of the ladder when he was assaulted
- place
comfort 2. Sufficient, and - when both the offender and offended party are
- sanctity of privacy 3. Immediate to the commission of
occupants of the same house, and is true even if the
- sanctuary worthy of respect the crime
offender is a servant in the house

- robbery with force upon things in inhabited house

- In the crime of trespass to dwelling, it is inherent

 - a combination house and store, or a market stall
where the victim slept
ARTICLE 14. AGGRAVATING CIRCUMSTANCES
Provocation:
- when the owner of dwelling gave immediate
No. Paragraph Definition Basis Requisites Applicable provocation Not Applicable

- when all the conditions of provocation are present

- when there is a close relation between the

- even if the offender did not enter the upper
provocation and the commission of the crime
part of the house where the victim was, but shot
meaning when the provocation is present and
under the house
commisision of crime is immediate
Ex: If the defendant surprised the deceased and the
- even when the killing took place outside the
wife in the act of adultery in the house of the
dwelling provided that the commission of the
deceased
crime begun in the dwelling
Ex: where the accused began the aggression
- in a case where the deceased was called down
upon the deceased in the latter's dwelling by
from his house and he was murdered in the vicinity
binding his hands or by dragging him from his
"dwelling" Conditions of provocation: house and after taking him to a place near the
- if the deceased was only about to step on the first
- must be a building or structure, 1. Given by the owner of the house he killed him
rung of the ladder when he was assaulted
exclusively used for rest and dwelling
- place
comfort 2. Sufficient, and - abduction and illegal detention
- when both the offender and offended party are
- sanctity of privacy 3. Immediate to the commission of
occupants of the same house, and is true even if the
- sanctuary worthy of respect the crime - includes dependencies, the foot of the
offender is a servant in the house
staircase and the enclosure under the house
- robbery with force upon things in inhabited house
- when the deceased had two houses where he
used to live, the commission of the crime in any
of them is attended - In the crime of trespass to dwelling, it is inherent
or included by law in defining crime. This crime can
Ex: the deceased was murdered in the house at be committed only in the dwelling of another.
Franco Street in Tondo, which was one of the
two houses (the other being in Constancia,
- When the dwelling where the crime was commited
Sampaloc) where the deceased used to live and did not belong to the offended party.
have his place of abode during his stay in Manila

- When the rape was committed in the ground floor

of a two-story structure, the lower floor being used
as a video rental store and not as a private place of
abode or residence.

- In adultery, when the paramour also lives in the

same house of the husband and wife

- Not included in treachery

 or included by law in defining crime. This crime can
be committed only in the dwelling of another.

- When the dwelling where the crime was commited

did not belong to the offended party.

ARTICLE 14. AGGRAVATING CIRCUMSTANCES - When the rape was committed in the ground floor
of a two-story structure, the lower floor being used
as a video rental store and not as a private place of
No. Paragraph Definition Basis Requisites Applicable Not Applicable
abode or residence.

- In adultery, when the paramour also lives in the

same house of the husband and wife

- robbery with violence against or intimidation - Not included in treachery

of persons

- crimes were commited not in the dwelling of

the victims or just temporary dwelling
Ex:
- The victim wa raped in the boarding house
where she was a bedspacer.

- The victims were raped in their parental home

where they were guests at the time and did not
reside there.

- The victim was killed in the house of her aunt

where she was living with her niece.

- The victimes, while sleeping as guests in the

house of another person, were shot to death in
that house.

- When the husband killed his estranged wife in

the house solely occupied by her

- When adultery is committed in the house of

the husband even if it is also the dwelling of the
unfaithful wife.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- Attempted rape

- Special relation of confidence between accused

and victim
Ex: The deceased and the accused happened to be
together because the former invited the latter
nightclubbing and to bring with him the money the
latter owed the former.

- Betrayal of confidence
- Killing of child by an amah
"abuse of confidence" Ex: The offended party was living in the house if the
- offended party has trusted the accused, her parents having entrusted her to the
- The confidence between offender and the
offender who later abuses such care of the said accused and the accused
offended party must be immediate and
trust by committing a crime intimidated the offended party with a knifw and
personal.
through the use of force and violence succeeded un
having sexual intercourse with her.

- Inherent in malversation, theft, estafa by

conversion or misappropriation and qualified
seduction
1. Offended party had trusted the - The accused and the offended party live in the
offender. same house where the house was not the property
of the offended party.
- means and ways 2. Offender abused such trust by
That the act be committed with abuse of employed and greater committing a crime against the
4
confidence or obvious ungratefulness. pervesity of the offended party.
offender
3. The abuse of confidence
facilitated the commission of the
crime.
 1. Offended party had trusted the
offender.

- means and ways 2. Offender abused such trust by

That the act be committed with abuse of employed and greater committing a crime against the
4
ARTICLE 14. AGGRAVATING
confidence CIRCUMSTANCES
or obvious ungratefulness. pervesity of the offended party.
offender
No. Paragraph Definition Basis 3. The abuse of confidence
Requisites Applicable Not Applicable
facilitated the commission of the
crime.

Ex:
- The accused who killed his father-in-law in
whose house he lived and who partially
supported him.

- The accused was living in the house of the

victim who employed him as an overseer and in
charge of carpentry work, and had free access to
the house of the victim who was very kind to
him, his family, and who helped him solve his
"ungratefulness must be obvious" problem. -

- A security guard killed a bank officer and

robbed the bank.

- The victim was suddenly attacked while in the

act of giving the assailants their bread and
coffee for breakfast.

- A visitor commits robbery or theft in the house

of his host.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

in the palace and in a place dedicated to

religious worship
- If it is Malacanang palace or a church,
regardless whether State or official or religious
functions are being held and the offender must
"Place where public authorities
have itention to commit a crime when he
are engaged in the discharge of
entered the place.
their duties (par. 5) vs. from
Ex:
contempt or insult to public
-Accused shot the victims inside the church
authorties (par. 2)":
1. Both public authorities are in
- In a case of unjust vexation where the accused
the performance of their duties.
That the crime be committed in the palace kissed a girl inside a church when a religous
of the Chief Executive, or in his presence, or service was being solemnized.
2. Par. 5, the public authorities - Cemeteries are not a place dedicated to religious
5 where public authorities are engaged in the - place -
who are in the performance of worship.
discharge of their duties or in a place committed in the palace of the Chief Executive,
their duties must be in their office;
dedicated to religious worship. or in his presence
while for par. 2 outside of their
- The Chief Executive need not be in Malacanang
office.
palace, his presence alone in any place, and
even if he is not engaged in the discharge of his
3. Under par. 2, the public
duties in the place where the crime is
authority should not be the
committed.
offended party; while in par. 5, he
may be the offended party.
where public authorities are engaged in the
discharge of their duties
- Other public authorities must be actually
engaged in the performance of duty
Ex: An electoral precinct during election day
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- The accused took advantage of darkness for

the more successful cosummation of his plans,
to prevent his being recognized, and that the
crime might be perpetrated unmolested.
Ex: - When the notion to commit the crime was
conceived only shortly before its commission
"Nighttime" - Accused had hidden behind the tree and
availed himself to darkness to prevent his being
- period of darkness beginning at recognized or to escape more readily. - When the crime was committed at night upon a
end of dusk and ending at dawn mere casual encounter
- are from sunsets to sunrise
- Where the accused waited for the night before
- When crime began at daytime
committing robbery with homicide
- When the place of crime is illuminated by light
- The commission of the crime must begin and
be accomplished in the nighttime.
That the crime be committed in the - The lighting if a matchstick or use of flashlights
nighttime or in an uninhabited place, or by a
band, whenever such circumstances may
facilitate the commission of the offense.

Whenever more than three armed

1. When it facilitated the
malefactors shall have acted together in the
commission of the crime
commission of an offense, it shall be
deemed to have been committed by a band.
2. When especially sought for by - The accused sought solitude of the place
- time and place - When the place where the crime was committted
the offender to insure the where the crime is committed, in order to better
"whenever such circumstances may could be seen and the voice of the deceased could
6 facilitate the commission of the offense" "Uninhabited place" - means and ways commission of the crime or for the atttain his purpose.
purpose of impunity be heard from nearby house
- there would be grater certainty in attaining - is one where there are no houses employed
the ends of the offender at all, a place at a considerable - When the victims are the occupants of the only
3. When the offender took - If the offended party was casually encountered by
distance from town, or where the house in the place
advantage thereof for the purpose the accused
"especially sought for" houses are scattered at a great
distance from each other of impunity - No reasonable possibility of the victim
- when the offender took advantage thereof - If the defendants did not select the the place
receiving some help
either to better attain their object
"for the puropose of impunity" Ex: Felony was perpetrated in the open sea
- means to prevent his being recognized, or
to secure himself against detection and
punishment
 6 commission of the crime or for the
facilitate the commission of the offense" - means and ways
purpose of impunity
- there would be grater certainty in attaining employed
the ends of the offender 3. When the offender took
"especially sought for" advantage thereof for the purpose
of impunity
- when the offender took advantage thereof
ARTICLE 14.
"forAGGRAVATING CIRCUMSTANCES
the puropose of impunity"
- means to prevent his being recognized, or
No. to secure himself against detection and
Paragraph Definition Basis Requisites Applicable Not Applicable
punishment

- if only one of them committed the crime while

others were not aware of the commission of the
- Stone is included in the term arms. crime

- All the armed men, at least four members, - Even if there are 20 persons, but only 3 are armed.
"By a band"
must take direct part in the execution of the act
- whenever more than three
constituting the crime. - If one of the four armed persons is a principal by
armed malefactors shall have
inducement.
acted together in the commission
- is considered in crimes against property and in
of an offense
crumes against persons - Crimes againts chastity
Ex: illegal detention or treason, robbery with Ex: rape
homicide
- Inherent crimes
Ex: brigandage

in the midst of a great calamity,

instead of lending aid to the Ex:
afflicted, adds to their suffering by - A fireman who commits robbery in a burned
That the crime be committed on the taking advantage of their house
misfortune to despoil them.
occasion of a conflagration, shipwreck, - time of the Offender must take advantage of
7 - A thief who immediately afte a destructive - If the accused was provoked by the offended party
earthquake, epidemic, or other calamity or commission of the crime the calamity or misfortune.
"or other calamities or typhoon steals personal property from the
misfortune.
misfortune" demolished house
- refers to other conditions of
distress similar to those - Chaotic conditions
precedingly enumerated

"with aid of armed men" (par. 8) Ex: - Accused did not avail himself of the aid of the
vs. "by a band" - A, in order to get rid of her husband, secured armed men near the place where the crime was
- By a band requires that more 1. Armed men or persons took part the services of the Moros. The Moros armed committed
than three armed malefactors shall in the commission of the crime, themselves with clubs, went to the house of the
That the crime be committed with the aid of have acted together in the directly or indirectly. victim and clubbed him to death. - When both the attacking party and the party
- means and ways
8 armed men or persons who insure or afford commission of an offense attacked were equally armed.
employed
impunity. 2. The accused availed himself of - Prosecution for robbery with rape and
- Aid of armed men is present even ther aid or relied upon them when confessed that they had companions who were - When the accused as well as those who
if one of the offenders merely the crime was committed. armed when they committed the crime. cooperated with him in the commission of the crime
relied on their aid, for actual aid is acted under the same plan and for the same
not necessary. - Includes armed woman purpose.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"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 tile of this - If the subsequent conviction is for an offense
- In a usury case where the accused was
Code. committed before the offense involved in the prior
previously convicted of the same offense.
1. Offender is on trial of an offense. conviction
"at the time of his trial for one Ex: The accused was convicted of robbery with
- Crimes against property
crime" 2. He was previously convicted by homicide committed on December 23, 1947. He was
Ex: Robbery and theft in Title Ten
- from arraignment until after final judgment of another crime. previously convicted of theft committed on
sentence is announced by the December 30, 1947.
- Crimes against persons
9 That the accused is a recidivist. judge in an open court - his inclination to crimes 3. Both the first and the second
Ex: Homicide and physical injuries in Title Eight
offense are embraced in the same - If the accused had been twice convicted of
"previously convicted by final title of the Code violation for different sections.
- Even if the lapse of time between two felonies
judgement" Ex: When an offense is punishable by a ordinance or
is more than 10 years
- after the lapse of the period for 4. Offender is convicted of the new special law and the other by the Revised Penal Code.
perfecting an appeal offense.
- Pardon does not obliterate the fact that the
- when the sentence has been - Amnesty extinguishes the penalty and all its
accused was a recidivist.
partially or titally satisfied or effects.
served
- the accused has waived in writing
his right to appeal
- the accused had applied for
probation
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"has been previously punished"

- the accused previously served
sentence for another offense or
sentences for other offenses
before his trial for the new offense
- It is the penalty attached to the
offense, not the penalty actually
imposed.

"recidivisim vs. reiteracion"

1. In reiteracion, it is necessary
that the offender shall have served
out his sentence for the first
offence; in recidivism, it is enough
that a final judgment has been
rendered in the first offense.

-punished for an offense to which the law

attaches an equal penalty
Ex: A served sentence for forcible abduction
punishable by reclusion temporal, that is 12
years and 1 day to 20 years. Later, after A was
releaed in prison, he committed homicide
1. The accused is on trial for an
punisable also by reclusion temporal.
offense.
- punished for an offense to which the law
2. He previously served sentenced
That the offender has been previously for another offense to which the attaches an greater penalty
punished for an offense to which the law Ex: The accused once served sentence for - if the penalty for the first offense commited is
- his inclination to law attaches an equal or greater
10 attaches an equal or greater penalty or for homicide punishable by a penalty ranging from lesser than that of second offense
crimes penalty, or for two or more crimes
two or more crimes to which it attaches a 12 years and 1 day to 20 years. Now, he is Ex: falsification first and homicide now
to which it attaches lighter penalty
lighter penalty. convicted of falsification punishable by a penalty
than that for the new offense.
ranging from 6 years and 1 day to 12 years.
3. He is convicted of the new
- punished for two or more crimes to which it
offense. attaches a lighter penalty
Ex: A served 30 days imprisonment for theft;
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

-punished for an offense to which the law

attaches an equal penalty
2. In reiteracion, the previous and
Ex: A served sentence for forcible abduction
subsequent offenses must not be
punishable by reclusion temporal, that is 12
embraced in the same title of the
years and 1 day to 20 years. Later, after A was
Code; whereas recidivism requires
releaed in prison, he committed homicide
that the offenses be included in 1. The accused is on trial for an
the same title of the Code. offense. punisable also by reclusion temporal.

- punished for an offense to which the law

3. Reiteracion is not always an 2. He previously served sentenced
That the offender has been previously aggravating circumstance; for another offense to which the attaches an greater penalty
punished for an offense to which the law Ex: The accused once served sentence for - if the penalty for the first offense commited is
10 attaches an equal or greater penalty or for whereas, recidivism is always to be - his inclination to law attaches an equal or greater homicide punishable by a penalty ranging from lesser than that of second offense
taken into consideration in fixing crimes penalty, or for two or more crimes
two or more crimes to which it attaches a the penalty to be imposed upon to which it attaches lighter penalty 12 years and 1 day to 20 years. Now, he is Ex: falsification first and homicide now
lighter penalty. convicted of falsification punishable by a penalty
the accused. than that for the new offense.
ranging from 6 years and 1 day to 12 years.
The four forms of repetition are: 3. He is convicted of the new
- punished for two or more crimes to which it
1. Recidivism offense. attaches a lighter penalty
- generic agrravating circumstance
Ex: A served 30 days imprisonment for theft;
later, he served 2 months for estafa; now he is
2. Reiteracion or habituality tried for homicide which is punishable with
- generic agrravating circumstance
reclusion temporal, that is, 12 years and 1 day to
20 years.
 later, he served 2 months for estafa; now he is
tried for homicide which is punishable with
reclusion temporal, that is, 12 years and 1 day to
20 years.

ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

3. Multi-recidivism or habitual
deliquency
- extra-ordinary agrravating
circumstance
- when a person within a period of
ten years from the date of his
release or last conviction is found
gulity of the same crime for the
third time.
- one who has been previously
punished for two or more
offenses.

4. Quasi-recidivism
- special agrravating circumstance
- any person who shall commit a
felony after having been convicted
by final judgment, before
beginning to serve such sentence,
or while serving the same

There must be two or more

"price, reward, or promise must - Crime commited for hire or reward
principals:
be for the purpose of inducing Ex: P procured an ignorant man to kill the
That the crime be committed in 1. the one who gives or offers the
11 another to perform the deed" - motivating power itself brother and grand niece of P for a reward of Php - If without previous promise
consideration of a price, reward, or promise. price or promise
- use of money or other valuable 60. The ignorant man, following the instruction
consideration killed them.
2. the one who accepts it
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- If used by the offender as a means to accomplish a

criminal purpose.

By means of fire
"Par. 12 vs. Par 7" Ex: If the offender had the intent to kill the victim,
That the crime be committed by means of - Under par. 12, the crime is burned the house where the latter was, and the
inundation, fire, poison, explosion, stranding committed by means of any of victime died as a consequence.
of a vessel or intentional damage thereto, such acts involving great waste or - means and ways - Arson when the only itention is to burn the
12 -
derailment of a locomotive, or by the use of ruin; under par. 7, the crime is employed house By means of explosion
any other artifice involving great waste and committed on the occasion of a Ex: If a grenade is thrown into the house were a
ruin. calamity or misfortune family of seben persons live with the intent to kill.

By means of derailment of locomotive

Ex: damage to means of communication, derailment
of cars, collision or accident must result from
damage to railway, telegraph or telephone lines

- There must be sufficient time between the

outward acts and the actual commission of the
crime
Ex: Accused borrow a bolo for the purpose of
committing the crime early in the morning and
"evident premeditation"
1. The time when the offender was lying in wait for some time before he
- implies a deliberate planning of
determined to commit the crime attacked his victim
the act before executing it - Mere threats without the second element
- may be considered as to principal Ex: Appellant threatened to shoot the deceased and
2. An act manifestly indicating that - Express conspiracy
by induction on the eve of killing, appellant expressed his
the culprit has clung to his
- execution of the criminal act be intention to finish him. However, there was no
determination - Price and rewards for the inductor
That the act be committed with evident preceded by cool thought and - ways of cmmitting the showing, that in between, appellant made plans or
13
premeditation. reflection upon the resolution to crime sought the deceased to accomplish the killing.
3. A sufficient lapse of time - Even if it a person other than the intended
carry out the criminal intent during between the determination and victim was killed, if it is shown that the
the space of time sufficient to - Implied conspiracy
execution, to allow him to reflect conspirators were determined to kill not only
arrive at a calm judgement
upon the consequences of his act the intended victim but also any one who may
- must be evident and not merely and to allow his conscience to help him put a violent resistance - When victim is different from that intended
suspected
overcome the resolution of his will. Ex: After careful and thoughful meditation, the
- based upon external acts
accused decided to kill, at the first opportunity,
whatever individual he should meet from the
town of Macabebe

- Robbery in homicide
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

Ex:
- The act of the accused in pretending to be Ex:
bona fide passengers in the taxicab driven by the - The accused and his companions, who came out
deceased, when they were not so in fact, in from behind a patch of bamboo trees, did not
order not to arouse his suspicsion camouflage their hostile itentions at the incipiency
"craft" of the attack, as they announced their presence at
- involves the use of intellectual - The act of the accused assuming position of the scene of the crime with shouts and gun shots
trickery or cunning on the part of authority, pretending to be a member of the CID
the accused when he was not, to gain entrance in the house - When the offender never intended to genuinely
enter into the transaction of purchase and sale with
- Where defendants asked the offended party to the owner of the jeep, to the offended the deed of
change a Php 10 bill and, when the latter took sale being a sham, as he did not pay the price
out his wallet, the defendants snatched it from thereof
the hand of the offeneded party

"fraud"
- insidious words or machinations
used to induce the victim to act in Ex:
a manner which would enable the - Where the defendants induced their victim to
offender to carry out his design characterized by the intellectual or give up their weapons upon a promise that no
mental rather than the physical harm should be done to them, and when the
14 That craft, fraud, or disguise be employed. - means employed
"distinction of craft and fraud" means to which the criminal latter gave up their arms, the former attached
- when by trickery, accused gained resorts to carry out his design and killed them
entrance in victim's house
-
- The accused, the step father of the offended
"craft vs fraud" party, taking advantage of the absence of the
- When there is a direct girl's mother, went to the house and took the
inducement by insidious words or young girl away, telling the latter that she was
machinations, fraud is present; to be taken to her godmother's house. The
otherwise, the act of the accused accused, however, took the girl to another house
doen in order not to arouse the where he ravished her.
suspicion of the victim constitutes
craft.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

Ex: Ex:
- The fact that the defendant had his face - But inspite of the use of handkerchief to cover their
blackened in order that he should not be faces, the culprits were recognized by the victim
recognized
"disguise"
- Clumsy accouterments
- resorting to any device to conceal
- When the defendany covered his face with
identity
handkerchief before committing the crime - The acts of the accused in disguising herself by
using her husband's clothes and a hat given to her
- Defendant illegally wore a Constabulary by her companion before they continued on their
uniform way to the place where the she killed the deceased

"advantage be taken"
- means to use purposely excessive
force out of the proportion to the
- A strong man has ill-treated a child, an old or
means of defense available to the
decrepit person or one weakend by disease
person attacked
- One who attacks another with passion and
- Persons under the influence of liquor obfuscation
"superior strength"
- depends on the age, size, and
- An attack by a man with a deadly weapon upon - When a quarrel arose unexpectedly and the fatal
stregth of the parties
an unarmed and defenseless woman blow was struck at a time when the aggressor and
Ex: The accused attacked an unarmed 4 feet, 11 his victim were engaged against each other as man
"by a band" vs. "abuse of
strength" inch girl with a knife. to man
That advantage be taken by the offender of - The element of band is
15 superior strength, or means be employed to appreciated when the offense is - More than one participated in the - Numerical superiority - When the attack was made on the victim
offense Ex: The assailants were four in number and were alternately
weaken the defense. committed by more than three
armed with bladed instruments. The deceased
armed malefactors regardless of
was alone, unarmed, and taken by surpise. - Parricide where generally husband is physically
the comparative strength of the
stronger than the wife.
victim or victims; while abuse of
- When the weapon used is out of proportion to
strength is taking the advantage by
the defense available to the offended party - In the superiority of numbers
the culprits of their collective
strength to ovepower their - Allegation of treachery, coercion, and forcible - When one acted as principal and the other two as
relatively weaker victim or victims.
abduction, illegal detention, multiple rape accomplices.
"to weaken the defense"
- Absorbs by a band or caudrilla
- the offender made the deceased
intoxicated thereby materially
weaking the victim's power
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"treachery"
- when the offender commits any
of the crimes against the person, - frustrated murder or attempted murder
employing means, methods or - When there is no evidence that the accused
forms in the execution thereof - When the victim was tied elbow to elbow, his
resolved to commit the crime
which tend directly and specially to body with many wounds, and his head cut off
insure its execution, without risk to - Where no witness who could have seen how the
himself arising from the defense - Illegally attacks a child of tender age and cuses
deceased was shot wa presented
which the offended party might his death
make. - The attack was perpetrated in a frontal encounter,
Rules: - Killing a woman asking for mercy
shown by the location of wounds on the front part
"mode of attack must be 1. Applicable only to crimes against
person - The act of shooting the victim at a distance, of the victim's body.
consciously adopted"
- accused must make some without the least expectation on his part that he
- The accused and his companions did not
preparations to kill the deceased in 2. Means, methods, or forms need would be assaulted.
not insure accomplishment of camouflage their hostile intentions. They
such manner as to insure the announced their presence at the scene of the crime
execution of the crime or to make crime - The attack on the victim was deliberate, with shouts and gunshots.
it impossibe or hard for the person sudden and unexpected and from behind with a
attacked to defend himself or 3. The mode of attack must be firearm, with a bladed weapon or other modes
- Where the meeting between the accused and the
That the act be committed with treachery retiliate. - means and ways consciously adopted of armed attack.
16 vistim is casual and the attack is impulsively done
(alevosia). - the mode of attack must be employed
thought of by the offender and Requisites: - Attack showing intention to eliminate risk
- When the victim was already defending himself
must not spring from the 1. That at the time of the attack, Ex: victim asleep, victim half-awake or just when he was attacked by the accused.
unexpected turn of events the victim was not in the position awakened, and victim grappling or being held
to defend himself
- When the accused gave the deceased a chance to
- Even if the deceased was face to face with the prepare
2. The the offender consciously assailant given that the offended party was
adopted the particular means, unable to prepare himself for defense.
- Where shooting is preceded by heated discussion
method or form of attack
employed by him - Whether or not the victim was the same
person whom the accused intended to kill - Principal by induction

- If the intervention of other persons did not directly

- When there is conspiracy, treachery is
Rules: and especially insure the excution of crime without
considered against all offenders
1. When the aggression is risk to the accused
continuous, treachery must be - Abuse of superios strength, aid of armed men,
present in the beginning of the - Nighttime, uninhabited place, cruelty, dwelling
by a band, craft, age, sex, and means to weaken
assualt. the defense
2. When the assault was not
continuous, in that there was
interruption, it is sufficient that
treachery was present at moment
the fatal blow was given.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- Crimes against chastity, less serious physical

injuries, light or grave coercion, and murder
Ex:
"Ignominy"
- When before he was killed, the deceased, a Ex:
- a circumstance pertaining to the
landowner, was forced by the accused to kneel - Where the rape was not perpetrated in the
moral order, which adds disgrace
in front of his house servants drawn up in line presence or with knowledge of her husband
and obloquy to the material injury
before him.
caused by the crime
- When the rape was done after the husband was
That means employed or circumstances
- means and ways - When the accused raped a woman after killed
17 brought about which add ignominy to the "which add ignominy to the -
employed winding cogon grass around his genital organ
natural effects of the act. natural effects of the act"
- Where the accused sliced and took the flesh from
- the means employed or the
- Where one rapes a married woman in the the thighs, legs, and shoulders of the victim after
circumstances brought about must
presence of her husband killing her
tend to make the effects of the
crime more humilating or to put
- Assailant inserted into the mouth of the victim - When the man is killed in the presence of his wife
the offended party to shame
the muzzle of his pistol and fired

- Rape in robbery with homicide

ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- The act of entering through the window

"unlawful entry"
That the crime be committed after an - when an entrance is effected by a - means and ways
18 unlawful entry. way not intended for the purpose employed - - If the offender entered the dwelling of another - Entry through a broken door
through an opening not intended for the
- to effect entrance and not escape purpose

- Rule 113, Sec. 11 (Revised Rules of Criminal

Prodcedure)
- Cutting of canvas of the tent where soldiers are
Ex: Breaking into any building or enclosure when the
sleeping
person to be arrested is or is reasonably believed to
"as a means to the commission of
be
That as a means to the commission of a a crime" - Not necessary that the offender should have
- means and ways
19 crime a wall, roof, floor, door, or window be - breaking a part of the building as - entered the building
employed - Rule 126, Sec. 7 (Revised Rules of Criminal
broken. a means to the commission of the Ex: A broke a window to enable himself to reach
Prodecure)
crime a purse with money on the table near that
Ex: Refusal of admittance to the place of directed
window, which he took while his body was
search after giving notice of his purpose and
outside the building.
authority
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

Ex:
- The car of the accused was used in trailing the
victim's car up to the time that it was overtaken
or blocked. It carried the victim on the way to
the scene of killing; it contained at its baggage
"with the aid of persons under
compartment the pick and shovel used in - If the motor vehicle was used only in facilitating
fifteen years of age"
digging the grave; and it was the fast means of the escape.
- Professional crimimals availing fleeing and absconding from the scene.
themselves of minors taking
advantage of their irresponsibility - The use of motor vehicle was merely incidental
- When the accused stabbed and inflicted upon and was not purposely sought to facilitate the
his girlfriend, mortal wounds which caused her commission of the offense or to render the escape
That the crime be committed with the aid of "by means of motor vehicles"
persons under fifteen years of age, or by - used the motor vehicle in going - means and ways death, while they were in a taxi which was hired of the offender easier
20 - and used by him. Ex: Where the primary purpose of the assailant in
means of motor vehicle, motorized to the place of the crime, in employed
riding on a motorized tricycle was to return to their
watercraft, airships, or other similar means. carrying away the effects thereof,
- Even if the victims rode voluntarily in the camp after shooting a first victim and it was just
and in facilitating their escape.
jeepney, since they were lured and taken to the incidental that on his way to the camp, he happend
place where they were killed. to see the second victim
"or other similar means"
- other efficient means of
- Where a truck was used in carrying away the - Use of bicycle before and after committing the
transportation similar to
stolen rails and iron and wooden ties from the crime
automobile or airplane
scene of the theft to the place where they are
sold

- In roberry with homicide where a motor vehicle

was used in transporting the accused
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"cruelty"
- when the culprit enjoys and
delights in making his victim suffer
slowly and gradually, causing him
unnecessary physical pain in the
- Assailant stoned twice the victim
consummation of the criminal act.
1. That the injury caused be
- Extracting victim's eye and stuffing his mouth
deliberately increased by causing - When other wrong was done after victim was dead
That the wrong done in the commission of "be deliberately augmented by with mud
other wromg. Ex: Body of the deceased was dismembered
the crime be deliberately augmented by causing other wrong"
21 - ways employed
causing other wrong not necessary for its - means that the accused at the - Rape in roberry with homicide
2. That the wrong be unnecessary - Inflicting various succesive wounds upon a person
commission. time of the commission of the
crime had a deliberate intention to for the execution of the purpose of - Rape in murder in order to cause his death
the offender.
prolong the suffering of the victim - Plurality of wounds
"ignominy vs. cruelty"
- Ignominy involves moral
suffering; while cruelty refers to
physical suffering
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

Aggravating Circumstances
- are those which, if attendant in the commission of the crime, serve to increase the penalty
without, however, exceeding the maximum of the penalty provided by law for the offense.
- should be proved as fully as the crime itself in order to increase the penalty
- must be alleged in the information to be appreciated
- if not alleged, they may still be considered in the award of damages

Basis
based on the greater perversity of the offender manifested in the commission of the felony
as shown by:
1. motivating power
2. place of commission
3. means and ways employed
4. time
5. personal circumstances of the offender or the offended party

Four (4) Kinds of Aggravating Circumstanes

No. Kind Definition Example Paragraph
1, 2, 3 (dwelling), 4, 5,
Those that an 6, 9, 10, 14, 18, 19,
Dwelling, nighttime
1 Generic generally apply to all and 20 (except by
or recidivism
crimes. means of motor
vehicles).

Ignominy in crimes
against chastity or
Those that apply only 3 (except dwelling),
2 Specific to particular crimes. cruelty and treachery 15, 16, 17, and 21
in crimes against
persons

Alevosia (treachery)
or evident
Those that change the
3 Qualifying premeditation Article 248
nature of the crime.
qualifies the killing of
a person to murder

Evident
Those that must of premeditation is
necessity accompany inherent in roberry,
4 Inherent Article 62 paragraph 2
the commission of the theft, estafa,
crime. adultery and
concubinage.

Generic Circumstance vs. Qualifying Circumstance

Generic Qualifying
 effect is not only to give the crime its proper
effect is to increase the penalty which should
and exclusive name but also to place the author
be imposed upon the accused to the maximun
thereof in such a situation as to deserve no
period, but without exceeding the limit
other penalty than that specially prescribed by
prescribed by law
law for said crime

may be compensated by a mitigating

cannot be offset by a mitigating circumstance
circumstance

not alleged in the information (Even if not

alleged in the information, may be proven
during the trial over the objection of the must be alleged in the information
defense and may be appreciated in imposing
the sentence.

Aggravating circumstances which do not have the effect of increasing the penalty
No. Aggravating circumstance Example
which in themselves constitute > crime of arson
crime specially punishable by law > crime of destruction
> act be committed in the dwelling of the
1 which are included by the law in offended party
defining a crime and prescribing the > crime be committed after an unlawful entry
penalty > or as a means to the commission of a crime a
wall, roof, floor, door, or window be broken

> Evident premeditation is inherent in theft,

robbery, estafa, adultery and concubinage.
> Taking advantage of public position is
inherent in the crime to such a
inherent in crimes where the offenders, who
2 degree that it must of necessity
accompany the commission thereof are public officers, committed the crime in the
exercise of their functions, such as bribery,
malversation etc. Additional: Falsification of
document

Aggravating circumstances which are personal to the offenders

1. from the moral attributes of the offender
2. from his private relations with the offended party
3. from any other personal cause

Aggravating circumstances which depend for their application upon the knowledge of the
offenders
1. in the material execution of the act
2. in the means employed to accomplish it