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Circumstances Which Aggravate Criminal Liability
Circumstances Which Aggravate Criminal Liability
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.
Basis: greater perversity of the offender as shown by
1. Motivating power itself
2. Place of the commission
3. Means and ways employed
4. Time
5. Personal circumstances of the offended, or of the offended party
4 kinds of A.C.
1. Generic - generally apply to all crimes.
Example - dwelling, nighttime, recidivism
Nos. 1,2,3,4,5,6,9,10,14,18,19 and 20 (except means of motor vehicles)
2. Specific - particular crimes
Example - ignominy in crimes against chastity; cruelty; treachery in crimes against persons
3. Qualifying - change the nature of the crime
Example - Alevosia, evident premeditation qualifies the killing of a person to murder.
Art 248 enumerates the qualifying A.C. which qualify the killing of person to murder.
4. Inherent - must of necessity accompany the commission of the crime (Art. 62, par. 2)
Example - evident premeditation is inherent in robbery, theft, estafa, adultery, concubinage
Not only to give the crime its proper and Not offset by any mitigating circumstance,
exclusive name but also to place the author is to increase the penalty which should be
thereof in such situation as to deserve no imposed upon the accused to the
other penalty than that specially prescribed maximum period, but without exceeding
by law for said crime the limit prescribed by law
1. That the offended party had 1. That the offended party had
trusted the offender. trusted the offender.
2. Offender abused such trust by 2. Offender abused such trust by
committing a crime against the committing a crime against the
offended party. offended party.
3. Abuse of confidence facilitated
the commission of the crime. 3. That the act be committed with
obvious ungratefulness
8. That the crime be committed with the aid of (1) armed men or
(2)persons who insure or afford impunity.
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 relied upon them when the crime was
committed - (armed men are only accomplices)
Not A.C.
1. When their casual presence near the place where the crime was committed, appears
that the accused did not avail himself of their aid.
2. Attacking party and the party attacked were equally armed.
3. Accused and cooperator acted under the same plan or purpose.
Offenses included in the same title of Previous and subsequent offense must
the Code not be embraced in the same title
Forms of Repetition:
1. Recidivism (generic A.C.) under Art. 14 (9)
2. Reiteracion (generic A.C.) under Art. 14 (10)
3. Multi-recidivism or habitual delinquency(extraordinary A.C.) under Art. 62 (5) -
offender within the 10 yr period 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 (special A.C.) under Art. 160 - 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.
Craft Fraud
Act of the accused done in order not to
arouse the suspicion of the victim Where there is a direct inducement by
constitutes craft insidious words or machinations.
Craft and Fraud - may be absorbed in treachery if they have been deliberately adopted as means,
methods or forms.
"Means employed to weaken defense" - offender employs means that materially weaken the resisting
power of the offended party.
Example:
1. when the offender, who had the intention to kill the victim, made the deceased
intoxicated, thereby materially weakening the latter's resisting power. - treachery may
be considered, if in his intoxicated state it was impossible for the victim to put up any
defense at the time he was attacked.
2. One fighting with another suddenly casts sand upon the latter's eyes and then wounds
or kills him.
Note: this A.C. is applicable only to crimes against persons, and sometimes against person and property,
i.e., robbery with physical injuries or homicide.
Means, methods,
forms are employed
by offender to make Offender does not employ
it impossible or hard any means, methods, Means are employed but it
for the offended forms; he only takes only materially weakens the
party to put any sort advantage of superior resisting power of the
of resistance strength offended party
"As means to the commission of a crime." Breaking of a part of the building as a means to the
commission of the crime.
To effect entrance only, breaks a wall or a window of the house, the circumstance is aggravating.
Par 18 Par 19
No breaking as by entry thru the Breaking as by entry of the any parts of the
window. house.