10.

That the offender has been previously

AGGRAVATING CIRCUMSTANCES AND punished by an offense to which the law
ALTERNATIVE CIRCUMSTANCES attaches an equal or greater penalty or for
Reviewer by: Belle Reese Pardillo two or more crimes to which it attaches a
CRIMINAL LAW 1 lighter penalty.

Article 14. Aggravating circumstances- The 11. That the crime be committed in
following are aggravating circumstances: consideration of a price, reward, or promise.

1. That advantage be taken by the offender of 12. That the crime be committed by means of
his public position. inundation, fire, poison, explosion, stranding
of a vessel or international damage thereto,
2. That the crime be committed in contempt or derailment of a locomotive, or by the use of
with insult to the public authorities. any other artifice involving great waste and
ruin.
3. That the act be committed with insult or in
disregard of the respect due the offended 13. That the act be committed with evidence
party on account of his rank, age, or sex, or premeditation.
that is be committed in the welling of the
offended party, if the latter has not given 14. That the craft, fraud or disguise be
provocation. employed.

4. That the act be committed with abuse of 15. That advantage be taken of superior
confidence or obvious ungratefulness. strength, or means be employed to weaken
the defense.
5. That the crime be committed in the palace
of the Chief Executive or in his presence, or 16. That the act be committed with treachery
where public authorities are engaged in the (alevosia).
discharge of their duties, or in a place
dedicated to religious worship. There is treachery when the offender
commits any of the crimes against the
6. That the crime be committed in the night person, employing means, methods, or forms
time, or in an uninhabited place, or by a band, in the execution thereof which tend directly
whenever such circumstances may facilitate and specially to insure its execution, without
the commission of the offense. risk to himself arising from the defense which
the offended party might make.
Whenever more than three armed malefactors
shall have acted together in the commission 17. That means be employed or
of an offense, it shall be deemed to have been circumstances brought about which add
committed by a band. ignominy to the natural effects of the act.

7. That the crime be committed on the 18. That the crime be committed after an
occasion of a conflagration, shipwreck, unlawful entry.
earthquake, epidemic or other calamity or
misfortune. There is an unlawful entry when an entrance of
a crime a wall, roof, floor, door, or window be
8. That the crime be committed with the aid of broken.
armed men or persons who insure or afford
impunity. 20. That the crime be committed with the aid
of persons under fifteen years of age or by
9. That the accused is a recidivist. means of motor vehicles, motorized
watercraft, airships, or other similar means.
A recidivist is one who, at the time of his trial (As amended by RA 5438).
for one crime, shall have been previously
convicted by final judgment of another crime 21. That the wrong done in the commission of
embraced in the same title of this Code the crime be deliberately augmented by
causing other wrong not necessary for its
 commissions.
Rule 110, Sec. 9, Revised Rules of Criminal
Procedure

Sec. 9 . Cause of the accusation- The acts or

AGGRAVATING CIRCUMSTANCES
omissions complained of as constituting the
Circumstances that, if attendant serve to offense and the qualifying and aggravating
increase the penalty without exceeding the circumstances must be stated in ordinary and
maximum of the penalty provided by law. concise language and not necessarily in the
language used in the statute but in terms
● Generic sufficient to enable a person of common
○ Generally applicable to all kinds understanding to know what offense is being
of crime , e.g dwelling, night charged as well as its qualifying and
time, or recidivism aggravating circumstances and for the court to
● Specific pronounce judgment.
○ Applicable to particular crimes,
e.g, Ignominy in crimes against
chastity and treachery in crimes
against persons 1. Advantage be taken by the offender of
● Qualifying his public position
○ Changes the nature of the crime,
● The offender is a public officer and he
e.g., treachery qualifies killing to
takes advantage of his public position
murder.
to commit the crime
● Inherent
● Using the “influence, prestige, or
○ Must of necessity accompany
ascendancy which his office gives him
the commission of the crime.
as the means by which he realizes his
They cannot be taken into
purpose1
account for the purpose of
increasing the penalty. (Art 62, ABUSE OF OFFICE
par. 2) To appreciate this aggravating circumstance,
the public officer must use the influence,
GENERIC QUALIFYING
prestige, or ascendancy which his office gives
him as means by which he realizes his
Increases penalty to
Places the offender in
purpose. The essence of the matter is
be imposed without no other situation as
presented in the inquiry “Did the accused abuse
exceeding the
to deserve any other
his office to commit the crime?”2.
maximum penalty than that
specifically provided
WHEN PUBLIC OFFICER DID NOT TAKE
Can be offset by a for by the law.
ADVANTAGE OF THE INFLUENCE OF HIS
mitigating - Defines the
POSITION
circumstance crime
NOTE: When a public officer commits a
common crime independent of his official
Cannot be offset by a
functions and does acts that are not connected
mitigating
with the duties of his office, he should be
circumstance
punished as a private individual without this
Rule 110, Sec. 8, Revised Rules of Criminal aggravating circumstance
Procedure.
ON ACCOUNT OF BEING A COUNCILMAN
Sec. 8. Designation of the offense – The Shortly after entering upon his duties as
complaint or information shall state the councilor of the town of Aparri, ordering the
designation of the offense given by the statute, deaths of all large animals must be reported to
aver the acts or omissions constituting the him as councilman. Residents were induced to
offense, and specify its qualifying and pay such fines with the idea that this was
aggravating circumstances. If there is no mandated by an ordinance passed by the
designation of the offense, reference shall be
made to the section or subsection of the
statute punishing it. 1
US v Rodriguez, 19 Phil 150
2
Pp v Villamor, G.R Nos. 140407-08, Jan 15, 2002
 councilman. authorities

The fact that the appellant was councilman at Requisites:

the time placed him in a position to commit 1. A public authority is engaged in the
these crimes, otherwise he could not have exercise of functions.
induced the injured parties to pay these alleged 2. The public authority is not the persona
fines3. against whom the crime is committed.
3. The offender knows him to be a public
PLACED THEM IN A POSITION authority.
The mere fact that three accused were all 4. The presence of the public authority
police officers at the time of the robbery does not prevent the commission of the
placed them in a position to perpetrate the crime by the offender.
offense. Precisely it was on account of their
authority. PUBLIC AUTHORITY
Should be construed as a person in authority,
MERE FACT OF PUBLIC POSITION i.e., one who is vested with jurisdiction, that is
That accused-appellant was a member of the one who has the power to govern and execute
dreaded CAFGU and his government issued the laws.
M-14 rifle to kill Jimmy does not necessarily
prove that he took advantage of his public An agent of a person in authority is not
position to commit the crime. included in this circumstance.

TOOK ADVANTAGE OF HIS POSITION ● Art, 152, RPC

Appellant is a policeman and that he used his
service firearm, the .45 caliber pistol in PUBLIC OFFICER SHOULD NOT BE THE
shooting the victim. No evidence on record that OBJECT OF THE OFFENSE
the appellant took advantage of his position as
policeman when he shot the victim4. Neither can the aggravating circumstance that
the crime was committed with insult to public
MERE FACT OF PUBLIC POSITION authority be appreciated as the crime was
In other words, if the accused could have committed against the public authority
perpetrated the crime even without occupying himself7.
his position, there is no abuse of public
position.
3. Disregard of Rank, Age, Sex or Dwelling of
Offended Party.
The mere fact that the accused-appellant is a
police man and used his government issued Age may refer to the victim’s advanced age or
.38 caliber revolver to kill Ganan is not very young age.
sufficient5.
For this circumstance to be appreciated, there
BUT IN: Appellant, a member of the Philippine must be evidence that the accused deliberately
Constabulary, committed the crime with an intended to insult the rank, age or sex of the
armalite which was issued to him when he offended party.
received the mission order6.
NOTE: All of the enumerations can be
DID NOT TAKE ADVANTAGE OF HIS POSITION considered single or together, it amounts to the
The falsification by the petitioner could have weight of one aggravating circumstance.
been committed without taking advantage of
his public position as the court interpreter. DELIBERATE INTENT
The aggravating circumstance of disregard of
sex cannot be considered because it was
neither been proved nor admitted by the
2. In contempt of or w/ insult to the public defendant that in committing the crime he had
intended to offend or insult the sex of the
3
US v Torrida, G.R Nos. 7450, 7451
4
Pp. Vs Fallorina, G.R No. 137347, March 4, 2004.
5
Pp Vs. Herrera, G.R Nos. 140557-58, Dec 5, 2001
6 7
Pp vs Gapasin, G.R No. 73489, April 25, 1994 Pp vs Gutierrez, G.R No. 116281, Feb 8, 1999
 victim8. provocation and commission of crime in the
dwelling of the person from whom the
The alleged aggravating circumstance in this provocation came.
case, that is, disregard of respect due the
offended party on account of age, cannot be PROVOCATION NEGATES DWELLING
appreciated since it was not shown that This vile language was not directed at the
appellant deliberately intended to offend or accused, but to her daughter. This was,
insult the age of the offended party9. however, a sufficient provocation. So under
these facts, it was error to hold that the
NOT DUE TO RANK, AGE OR SEX aggravating circumstance of morada existed14.
The motive for the murder was his grudge
against the victim and not because she was a Provocation must be immediately prior to the
lawyer and his employer. Neither did the commission of the crime, and there must be a
appellant took into consideration the age of close relation between the provocation and the
Atty. Sua-Kho and the fact she is a woman crime committed in the dwelling of the person
when he killed her10. from whom the provocation came.

CRIMES AGAINST PERSONS OR HONOR NO RELATION TO DWELLING

With respect to disregard of age and sex, the No particular relation to the house of the
Court has pronounced in the case of People V deceased. If the defendant had entered the
Collado that the same may be appreciated only house of the deceased and surprised the
in crimes against persons or honor11. deceased and the wife of the defendant in the
act of adultery, the aggravating circumstance
DWELLING OF OFFENDED PARTY of morada would not exist15.
Dwelling means a building or structure used for
rest and comfort. It may refer to the entire CRIME IS COMMITTED IN THE DWELLING
structure or portion thereof. Dwelling is considered as an aggravating
circumstance primarily because of the sanctity
PRIVACY AND SANCTITY OF HOME of privacy the law accords to the human abode.
It is considered an aggravating circumstance However, in the present case, Rosalyn was not
primarily because of the sanctity of privacy that n mraped therein. Considering that she was not
the law accords to the human abode. He who raped in her home, dwelling cannot be
goes to another house to hurt him or do him appreciated16.
wrong is more guilty than he who offends him
elsewhere12.

FOOT OF THE STAIRCASE 4. Abuse of Confidence or Obvious

The foot of the staircase of the house, that Ungratefulness
place must be regarded as an integral part of
the dwelling of that family. The porch of the 1. The offended party trusts the offender
house, not common to different neighbors, is 2. The offender abused such trust, and
part of the dwelling13. 3. The abuse facilitated the commission of
the crime
SUFFICIENT PROVOCATION BY THE OWNER
OF THE DWELLING DOMESTIC SERVANT
When there is sufficient provocation by the “…In the commission of the crime the
owner of the dwelling, this circumstance aggravating circumstance of grave abuse of
cannot be appreciated. confidence was present since the appellant
was the domestic servant of the family and
There must be a close relation between was sometimes the deceased child's amah17.

FAMILY DRIVER
8
Pp vs. Mangsant, G.R. No. 45704, May 25, 1938 This aggravating circumstance was
9
Pp vs Dela Cruz, G.R Nos. 154348-50, June 8, 2004
10
People v Tubongbanua y Pahilanga, G.R No.
14
171271, August 31, 2006 US vs LICARTE, G.R. No. 6784, August 15, 1912
11 15
Pp vs Hernandez, G.R No. 139697, June 15, 2004 Pp vs Dequina, G.R No. 41040, August 09, 1934
12 16
Pp vs Evangelita, GR No. 181902, August 31, 2011 Pp vs Agoncillo, G.R No 138983, May 23, 2001
13 17
Pp vs Alcala, GR No. L-18988, December 29, 1922 PP vs Caliso, G.R. No. 37271, July 01, 1933
 appreciated against the accused, the family adequately lighted21
driver of four years18.
UNINHABITED PLACE
There was a reasonable possibility for the
victim to receive some help in the place of the
5. Palace of the Chief Executive, in his commission of the crime.
presence, public authorities are engaged in the
DIFFICULT TO RECEIVE HELP
discharge of duties or in a place dedicated to
The incident having taken place at sea where it
public worship.
was difficult for the offended party to receive
1. Palace of the Chief executive and place help, while the assailants could easily have
dedicated to public worship – official or escaped punishment22
religious functions need not be held.
FACILITATES THE COMMISSION
2. Where public authorities are engaged in
It appears from the evidence that the appellant
the discharge of their duties – there
deliberately carried his victim to the isolated
must be some performance of public
and grassy portion … thereby facilitating the
functions.
commission of the crime. 23
INTENT TO COMMIT THE CRIME
BAND
There must be evidence that the accused had
This circumstance is present when more than
the intention to commit a crime when he
three armed men acted together in the
entered the place.
commission of the offense.

EN CUADRILLA
6. Nighttime, uninhabited place, by band. An offense is committed en cuadrilla when
more than three armed malefactors shall have
1. Nighttime, uninhabited place or band
acted together in the commission thereof. In
concur in the commission of the crime,
the present case, there were seven armed
all will constitute one aggravating
conspirators involved in the commission of the
circumstance only as a general rule
composite crime.24
2. Although they can be considered
separately if their elements are ARMED WITH GUNS
distinctly perceived and can subsist All four accused-appellants were armed, three
independently, revealing a greater with long firearms and the other with a short
degree of perversity.” 19 one. They all took part in the commission of the
robbery with homicide, poking their guns at
their victims’ heads, tying them up, ransacking
NIGHTTIME; AGGRAVATING
the house, and killing the two victims. 25
It becomes aggravating only when:
1. It is especially sought by the offender; NATURE, PURPOSE AND USE.
or Any weapon which by reason of its intrinsic
2. It is taken advantage of by him; or it nature or the purpose for which it was made or
facilitates the commission of the crime used by the accused, is capable of inflicting
by serious or fatal injuries upon the victim of the
3. Ensuring the offender’s immunity from crime may be considered as arms for purposes
capture.20 of the law on cuadrilla. 26
DARKNESS OR OBSCURITY GUNS AND KNIVES
1. The essence of this aggravating The prosecution established that one of the
circumstance is the obscuridad accused was armed with a handgun, while the
afforded by, and not merely the
chronological onset of, nighttime.
21
2. Nocturnity does not become a PP vs. CARIÑO, G.R. No. 131117, Jun 15, 2004
modifying factor when the place is
22
PP vs. RUBIA, G.R. No. 28792, October 06, 1928
23
PP vs. LUMANDONG, G.R. No. 132745, Mar 9, 2000

18 24
People v. Collado, G.R. Nos. 135667-70, March 1, 2001 PP vs. MAGDAMIT, G.R. No. 118130, Sep 24, 1997
19 25
PP vs. LIBRANDO, G.R. No. 132251, July 06, 2000 PP vs. DINAMLING, G.R. No. 134605, Mar 12, 2002
20 26
PP vs. SILVA, G.R. No. 140871, August 8, 2002 PP vs. LOZANO, G.R. Nos. 137370-71, Sep 29, 2003
 other three had knives when they committed 4. That the offender is convicted if the
the crime. 27 second offense

CRIMINAL PROPENSITY
There is no recidivism if the second conviction
is for a crime committed before the
7. On the occasion of a conflagration, commission of the crime involved in the first
shipwreck, earthquake, epidemic or other conviction.
calamity or misfortune.

The rule here is that the offender must take

advantage of the calamity or misfortune in the 10. Reiteracion or Habituality
commission of the crime.
Requisites:
1. The accused is on trial
2. He previously served sentence for
8. Aid of armed men or persons who insure or another offense to which the law
afford impunity. attached an equal or greater penalty, or
for two or more crimes to which it
The armed men must not participate in the attached a lighter penalty than that for
execution of the felony otherwise they are the offense;
co-principals. 3. The accused is convicted for the
offense
MUST BE ACCOMPLICES RECIDIVISM AND HABITUALITY
The armed men are accomplices who take part
in minor capacity, directly or indirectly. We note In recidivism
that all four accused were charged as - Previously convited by final judgment of
principals. The remaining suspects --- John another crime.
Doe, Jane Doe and Peter Doe--- were never In reiteracion
identified and charged. 28 - The accused had previously served a
sentence.
NOTE: The casual presence of armed men near
the place where the crime was committed does Both are similar in that the time of appreciating
not constitute an aggravating circumstance is at the time the offender is facing trial for
when it appears that the accused did not avail another offense and that he is eventually
himself of their aid or rely upon them to commit convicted.
the crime.
RECIDIVISM HABITUALITY

Offender is convicted Offender serves out

9. Recidivism by final judgment his sentence in the
previous conviction
A recidivist is one who, at the time of the trial Offenses are included
for one crime, shall have been previously in the same title of the The previous and
convicted by final judgment of another crime. RPC subsequent offenses
Embraced in the same title of the RPC need not be
The offenses are embraced in the same
Requisites: embraced in the same title of the RPC
1. That the offender is one trial for an title of the RPC,
offense; penalty is immaterial. Previously served
2. That he was previously convicted by sentence:
final judgment of another crime; - Law attaches
3. That both the first and second offense a greater
are embraced in the same title of the penalty
RPC; - Two or more
lighter penalty
27
Pp vs Evangelio, GR No. 181902, August 31, 2011
28
Lozano
 1. accepting the order and undertaking the
11. In consideration or promise journey in order;
2. provided himself with weapon,
The prince, reward, or promise must be the concealing it by wrapping it up; and
primary consideration of the offender in 3. started on a journey of a day and a
committing the crime. night31

BOTH THE GIVER AND THE RECIPIENT. PREMEDITATED BUT NOT EVIDENT
The lapse of time between the decision and the
The Talledo case is not authority on this execution is not sufficient to allow the appellant
question.” to fully reflect upon the consequences of his
act and to effectively and efficiently prepare
The aggravating circumstance of price, reward
and plan his actions prior to the commission of
or promise thereof affects equally the offeror
the crime. Although it may be argued that there
and the acceptor.29”
was some kind of premeditation on the part of
GREATER MORAL DEPRAVITY appellant Duavis, it was not proved to be
evident. 32
In fact, under certain conditions such as those
obtaining in the case at bar the circumstance INSUFFICIENT TIME
under consideration may evince even greater The appellants did not have an opportunity to
moral depravity in the offeror than in the coolly and serenely think and deliberate on the
accpetor. meaning and the consequences of what they
planned to do, an interval long enough for their
conscience and a better judgement to
12. By means of inundation, fire, poison, overcome their evil desire and scheme.33
explosion, stranding of vessel or intentional
damage thereto, derailment of locomotive, or DIFFERENT FROM HIS INTENDED VICTIM
any other artifice involving great waste or ruin. Evident premeditation, however, may not
properly be taken into account when the person
Any of the circumstances in this paragraph whom the defendant proposed to kill was
must be consciously and deliberately used by different from the one who became his victim.34
the offender to accomplish the crime, hence the
phrase “by means of…”
DIFFERENTIATED FROM MANALINDE
BY MEANS OF EXPLOSION
When the killing is perpetrated with treachery Manalinde – the first two persons (any two
and by means of explosives, the latter shall be persons) you meet.
considered as a qualifying
circumstance…treachery which will then be Hilario – the brother of their actual victim.
relegated merely as a generic aggravating
circumstance. 30

14. Craft, Fraud or Disguise.

13. Evident premeditation
1. Craft involves intellectual trickery and
Requisites: cunning.
1. The time when the offender determined 2. Craft should also be appreciated as
to commit the crime; aggravating … the victims… were lured
2. An act manifestly indicating the culprit’s by the accused into coming with them
determination to commit the crime;
3. A sufficient lapse of time between
determination and execution.
31
US vs. THE MORO MANALINDE, G.R. No. 5292, August
28, 1909
32
Pp vs Duavis, G.R. No. 190861, December 7, 2011
ALL THREE REQUISITES PRESENT 33
Pp vs Mendoza, 28 March 1952, GR Nos. L-4146 &
L4147.
34
PP vs. HILARIO, G.R. No. 128083, Mar 16, 2001
29
PP vs Alincastre, G.R No. L-29891, August 20, 1971
30
PP vs. COMADRE, G.R. No. 153559, Jun 8, 2004
 on the pretext that the former would Must show that the accused were physically
only accompany Rivera to accept the stronger than the victim, and that they abused
proceeds of the sale of a gun. such superiority by taking advantage of their
combined strength to consummate the
DISGUISE offense.39
These clumsy accouterments could not
constitute the aggravating circumstance of PURPOSELY USE EXCESSIVE FORCE
disguise. Legally, disfraz contemplates a 1. To purposely use excessive force out of
superficial but somewhat effective dissembling proportion to the means of defense
to avoid identification.35 available to the person attacked.
2. It does not appear … to take advantage
TO CONCEAL IDENTITY of their superior strength
Appellant covered his face with a bonnet … 3. Was applied indiscriminately.40
There could be no other possible purpose for
wearing a bonnet over appellant's face but to
conceal his identity, especially since Bryan and POWERFUL WEAPON
appellant … are familiar with each other.36 Abuse of superior strength is present … also
when the offender uses a powerful weapon
SOMEWHAT EFFECTIVE which is out of proportion to the defense
1. There could have been no other purpose available to the offended party.41
for this but to conceal their identities
2. The fact that the mask subsequently fell TAKE ADVANTAGE OF SUPERIORITY
down thus paving the way for Cabato's Mere superiority in number is not enough to
identification will not render this constitute superior strength. There must be
aggravating circumstance clear proof that the assailants purposely used
inapplicable.37 excessive force out of proportion to the
defense available to the person attacked.42
WAS NOT TAKEN ADVANTAGE OF
1. The malefactors resorted to a disguise. CONSISTENT RULE
That circumstance did not facilitate the An attack made by a man with a deadly weapon
consummation of the killing. Nor was it upon an unarmed and defenseless woman
taken advantage of by the malefactors constitutes the circumstance of abuse of that
in the course of the assault. superiority43
2. They announced their presence at the
scene of the crime with shouts and EVEN IN THE ABSENCE OF CONSPIRACY
gunshots. That mode of attack Cruz grabbed his neck and choked him while
counteracted whatever deception might Miranda held his shoulder. Ocampo meanwhile
have arisen from their disguise. 38 was in the middle, holding a knife and warning
him not to fight back. While the evidence did
DISGUISE not prove the existence of conspiracy, it
1. Purpose of the offender is to conceal indelibly established that the accused took
his identity advantage of their superior strength.44
2. To facilitate the commission of the
crime MEANS EMPLOYED TO WEAKEN DEFENSE
3. Offender takes advantage of the The means must not be of such a nature that
disguise the victim could not put up any sort of defense
otherwise that would be a case of treachery.

PP vs. DUCUSIN, G.R. No. 30724, August 08,

1929
The aggravating circumstance defined in article
15. Advantage be taken of superior strength
or means be employed to weaken the defense. 39
PP vs. DREW, G.R. No. 127368, Dec 3, 2001
40
People v. Cortez, G.R. No. 239137, December 5,
2018
35 41
PP vs. REYES, G.R. No. 118649, Mar 9, 1998 PP vs. PADILLA, G.R. No. 75508, Jun 10, 1994
36 42
People v. Sibbu, G.R. No. 214757, March 29, 2017 Pp vs Amodia, G.R. No. 177356, November 20,
37
PP vs. CABATO, G.R. No. L-37400, April 15, 1988 2008
38 43
PP vs. CUNANAN, G.R. No. L-30103, January 20, Pp vs Ventura, G. R. Nos. 148145-46, 5 Jul 2004
44
1977 Ocampo v. People, G.R. No. 163705, July 30, 2007
 10, No. 9, of the Penal Code, that is, the TREACHERY CANNOT BE PRESUMED
employment of means to weaken the defense, It is not only the central fact of a killing that
consisting in this case, in having made the must be shown beyond reasonable doubt; every
deceased intoxicated, must be taken into qualifying or aggravating circumstance alleged
account. to have been present and to have attended
such killing must similarly be shown by the
HOGTIED AND GAGGED same degree of proof. 50
Means employed to weaken the defense – all
members of Estrella household were hogtied by MANNER OF ATTACK
electric cords and gagged with pieces of In a catena of cases, the Court has consistently
clothes.45 held that treachery cannot be appreciated
where the prosecution only proved the events
after the attack happened, but not the manner
of how the attack commenced or how the act
16. Treachery which resulted in the victim's death unfolded.51

1. Crimes against persons, EVEN IF MANNER OF ATTACK IS NOT SHOWN

2. Employing means methods, or forms in Well-settled is the doctrine that the killing of
the execution thereof children … is considered attended with
3. Which tend directly and specially to treachery even if the manner of attack is not
insure its execution, precisely shown.52
4. Without risk to himself arising from the
defense which the offended party might ELEMENTS OF TREACHERY
make. 46 a. At the time of the attack, the victim was
not in position to defend himself; and
ESSENCE OF TREACHERY b. The accused consciously and
The essence of treachery is a swift and deliberately adopted the particular
unexpected attack on an unarmed victim means, methods or forms of attack
without the slightest provocation on the latter’s employed by him. 53
part. (Gidoc)
SLEEPING VICTIM
CASUAL AND IMPULSIVE, NO TREACHERY a. It requires: (a) the employment of
Treachery is not appreciated against the means of execution which gives the
accused despite the attack being sudden and person attacked no opportunity to
unexpected when the meeting between him defend or retaliate; and (b) said means
and the victim was casual, and the attack was of execution be deliberately or
done impulsively.47 consciously adopted…
b. The appellant chose to attack a
STABBED IN THE BACK sleeping victim54
1. Means which insured the killing…was
stabbed four times in the back and two MEANS MUST BE CONSCIOUSLY ADOPTED
of these wounds were the proximate
cause of his death. The rudeness and unexpectedness of the
2. Stabbing from behind is a good appellant’s attack rendered Inspector Barte
indication of treachery48 defenseless and without means of escape.

ESSENCE Act of waiting for Inspector Barte to be seated

The essence of treachery is a deliberate and first in the jeep before approaching him and of
sudden attack that renders the victim unable shooting Inspector Barte several times on the
and unprepared to defend himself by reason of head and chest, was adopted by him to prevent
the suddenness and severity of the attack.49

50
Pp vs Abdulah, G.R. No. 182518, January 20, 2009
45 51
People v. Ferrer, G.R. No. L-60073, September 23, People v. Enriquez, Jr., G.R. No. 238171, June 19,
1983 2019
46 52
Pp vs. Gidoc, GR No. 185162, Apr 24, 2009 People v. Diaz, G.R. No. 130210, December 8, 1999
47 53
People v. Petalino, G.R. No. 213222, September 24, VELASCO versus PP, G.R. No. 166479, Feb 28,
2018 2006
48 54
PP vs. YANSON, G.R. No. 179195, October 3, 2011 People v. Taraya y Capinig, G.R. No. 262914
49
Pp vs Regalado, G.R. No. 177302, April 16, 2009 (Notice), [June 14, 2023]
 Inspector Barte from retaliating or escaping55. surround the act that tend to make the
effects of the crime more humiliating.59
BALUYOT AND CANETE
If the aggression is continuous, treachery must OBLOQUY
be present at the beginning of the assault. There is present also the twelfth generic
circumstance of article 10, proved by the fact
If there is an interruption in the assault, it is that the deceased, a landowner, was forced to
sufficient that treachery be present at the kneel in front of his four servants drawn up in
moment the fatal blow was delivered. It is the line before him. 60
interruption that gives the accused the time to
consciously and deliberately adopt the means DANCING IN PUBLIC
and method of execution. The fact that the crime was committed in a
public place and in the presence of many
INITIAL BLOW IS ESSENTIAL persons did not necessarily tend to make the
That Manuel was able to run and subsequently effects of the crime more humiliating or put the
get a hammer after having been stabbed for the offended party to shame. 61
first time by Reynaldo does not diminish the
fact that treachery was committed56. IGNOMINY IN RAPE
It has been held that where the accused in
WITH TREACHERY committing the rape used not only the
May be taken into account even if the victim of missionary position, i.e. male superior, female
the attack was not the person whom the inferior but also the dog position as dogs do,
accused intended to kill57. i.e. entry from behind, as was proven like the
crime itself in the instant case, the aggravating
FRONTAL ASSAULT circumstance of ignominy attended the
Hence, it no longer matters that the assault commission thereof.62
was frontal since its swiftness and
unexpectedness deprived Cesario of a chance 1. ...ordered the complainant to exhibit to
to repel it or offer any resistance in defense of them her complete nakedness … before
his person58 raping her;
2. … in front of the husband of the victim
DEFENDING IN PUBLIC or by two or more persons in view of
By statute, only the defense that may be made one another;
by the offended party is material to a finding of 3. … was performed in the "dog style"
treachery. position;
4. …plastered mud on the victim's private
Treachery will be appreciated even if the crime part.
was committed in the presence of other 5. … where the victim was pregnant
persons who could lend aid or defense to the 6. People v. Bacule, G.R. No. 127568,
offended party so long as the victim was January 28, 2000.63
deprived of the opportunity to defend himself or DELIBERATE; HUMILIATION
herself or retaliate against the accused. These facts clearly show that BALIWANG
deliberately wanted to further humiliate Gloria,
thereby aggravating and compounding her
moral sufferings.64
17. Ignominy
BURNING THE CORPSE
1. Ignominy is a circumstance pertaining
to the moral order, which adds disgrace
and obloquy to the material injury 59
US vs. ABAIGAR, G.R. No. 1255, Aug 17, 1903
caused by the crime. 60
US vs. DE LEON, G.R. No. 522, Mar 10, 1902
2. Means are employed or circumstances 61
Pp vs Acaya, G.R. No. L-72998, July 29, 1988
62
PP vs. SIAO, G.R. No. 126021, March 03, 2000
55
Pp vs GUevarra, G.R No.182192, Oct. 29, 2008
56 63
People v Matias y Bernardo, G.R No. 225504, Jan. People v. Bacule, G.R. No. 127568, January 28,
19, 2018 2000
57 64
Pp vs Trinidad, G.R No, L-38930, June 28, 1988 People v. Bumidang, G.R. No. 130630, December 4,
58
Pp vs Agacer, G.R No. 177751, December 14, 2011 2000
 The mere fact that accused-appellants burned
the body of the deceased is not sufficient to
show that the means were employed which
added ignominy to the natural effects of the
act. 65
21. Cruelty

Cruelty refers to physical suffering as

compared to Ignominy which refers to moral
18. Unlawful Entry suffering, i.e., disgrace and shame.
1. When an entrance is effected by a way TEST IN APPRECIATING CRUELTY
not intended for the purpose. 1. …deliberately and sadistically
2. Entrance through the window66 augmented the wrong by causing
another wrong not necessary…, or
2. …inhumanly increased the victim’s
19. Breaking wall, roof, floor, door or window suffering or outraged or scoffed at his
person or corpse.
1. The breaking must be resorted as a
3. … the culprit enjoys and delights in
means to the commission of the crime.
making his victim suffer slowly and
2. What distinguishes this from unlawful
gradually, …pain which is unnecessary70
entry is that in the latter the window or
point of ingress need not be broken. ESSENCE OF CRUELTY
There is no showing that the victim was burned
while he was still alive…the accused delighted
20. Aid of persons under 15 or by means of in making their victim suffer slowly and
motor vehicle, airships or other similar means. gradually, causing him unnecessary physical
1. The motor vehicle, airship, etc., must be and moral pain in the consummation of the
deliberately used in the commission of criminal act.71
the crime. 16 WOUNDS
2. Besides, it has been established during The number of wounds is not a test for
the trial that the accused used the determining cruelty; it is whether appellant
motor vehicle in going to the place of deliberately and sadistically augmented the
the crime in carrying away the effects victim's suffering72
thereof, and in facilitating their escape.
67
ADDITIONAL RAPES AND HOMICIDES
1. It should be noted that there is no law
AS A MEANS TO COMMIT providing that the additional rape/s or
Without doubt, appellant used the van both as a homicide/s should be considered as
means to commit a crime and to flee the scene aggravating circumstance.73
of the crime after he committed the felonious 2. The use of the word additional would
act.68 indicate that this ruling should be
PURPOSE limited to cases of Robbery with
The use of a motor vehicle is aggravating when Homicide or Robbery with Rape.
it is used either to commit the crime or to
facilitate escape.69

ART. 15. ALTERNATIVE CIRCUMSTANCES

65
People v. Catian, G.R. No. 139693, January 24,
2002 ● Aggravating OR mitigating depending
66
PP vs MENDIONA, G.R. No. 129056, Feb 21, 2000
70
THE PP vs. SITCHON, G.R. No. 134362, Feb 27,
2002
67 71
PP vs. ESPEJO, G.R. No. L-27708, December 19, People v. Catian, G.R. No. 139693, January 24,
1970 2002
68 72
People v. Punzalan, Jr., G.R. No. 199892, December People v. Florendo, G.R. No. 136845, October 8,
10, 2012 2003
69 73
People v. De Asis y Cureg, G.R. No. 258767 Pp vs Regala, GR No. 130508, 5 Apr 2000
(Notice), [July 3, 2023
 on the INDEPENDENT EVIDENCE REQUIRED
1. Nature and effects of the crime; and 1. … merely presented the oral testimony
2. Other conditions attending to its and sworn statement of Maricel
commission. 2. … failed to present independent
evidence … so as to warrant the
- Relationship, imposition of death penalty.77
- Intoxication,
- Degree of instruction and education
RELATIONSHIP AS ELEMENT OF THE
RELATIONSHIP OFFENSE
1. Spouse …Neither mitigating nor aggravating…
2. Ascendant 1. Parricide – victim is father, mother,
3. Descendant child, ascendant, descendant or spouse
4. Brother or sister (legitimate, natural or 2. Adultery – offender is the wife
adopted) 3. Concubinage – offender is the husband
5. Relative by affinity in the same degree
of the offender. INTOXICATION
Mitigating
OTHER RELATIVES BY ANALOGY (1) not habitual or
1. Stepfather or stepmother and stepson (2) unintentional/accidental.
or stepdaughter. Aggravating
2. Adopted parent and adopted child. (1) habitual or
(2) intentional.
Not included:
1. Uncle and niece
2. Cousins74 AFFECT HIS MENTAL FACULTIES
3. Step-grandniece and her Affect his mental faculties, to the extent of
step-grandfather75 blurring his reason and depriving him of
self-control.78
Generally relationship is:
1. Mitigating - crimes against property
2. Aggravating - crimes against persons NEITHER AGGRAVATING NOR MITIGATING
where offended party is of a higher 1. Not aggravating – …in the absence of
degree than offender or of the same clear and convincing proof that the
level. intoxication was habitual or intentional
…
EXCEPTIONS 2. Not mitigating – … failed to show that
1. In serious physical injuries relationship his intoxication impaired his will power
is aggravating no matter the degree of or his capacity to understand the
relationship. wrongful nature of his acts. 79
2. In homicide or murder relationship is
aggravating. PRESUMPTION
3. In crimes against chastity it is always When the accused is established to be drunk,
aggravating. the presumption is that it was not habitual but
accidental and, therefore, mitigating.
CRIMES AGAINST CHASTITY
1. In crimes of chastity such as acts of
lasciviousness, relationship is DEGREE OF INSTRUCTION OR EDUCATION
considered as aggravating.
2. It was expressly alleged in the 1. Lack of instruction or education:
information and duly proven …that the ● generally mitigating;
offended party is the daughter of ● Diminished intelligence and
appellant76 freedom.

77
PP versus GLODO, G.R. No. 136085, Jul 7, 2004
74 78
Pp v Calongui, 3 Mar 2006, GR # 170566 PP vs. INGGO, G.R. No. 140872, Jun 23, 2003
75 79
PP, vs. CAPAREDA, G.R. No. 128363, May 27, 2004 PP vs. BERNAL, G.R. Nos. 132791 & 140465-66,
76
PP versus ORILLOSA, G.R. Nos. 148716-18, Jul 7, Sep 2, 2002
2004
 2. High degree of instruction or
education:
● If used/taken advantage is
aggravating

NO INSTRUCTION AT ALL
Lack of instruction cannot apply to one who
has studied in the first grade in a public school,
but only to him who really has not received any
instruction80

80
PP vs. MANGSANT, G.R. No. 45704, May 25, 1938