ART.

14: ELEMENTS REVIEWER (PALOMERA)

OUTLINE PRACTICE
1. PUBLIC POSITION
a. PIA
b. SPECIAL AGGRAVATING - ART 62 AS AMENDED BY RA 7659
2. CONTEMPT/INSULT TO PUBLIC AUTHORITY
a. ENKP
3. DISREGARD OF RESPECT
a. RASD
b. EXCEPTIONS OF D: PLI
4. ABUSE OF CONFIDENCE/OBVIOUS UNGRATEFULNESS
a. ABUSE OF CONFIDENCE - TAF
b. UNGRATEFULNESS - TAO
5. PALACE
a. PPPR
6. NIGHTTIME/NUB
a. NIGHTTIME - DTI
b. UNINHABITED - RD
c. BAND - 4A
7. CALAMITY
a. QUALIFYING
8. ARMED MEN
9. RECIDIVIST
a. TPEC
10. PREVIOUSLY PUNISHED
a. REITERACION - TPC
b. HABITUALITY - RRHQ
11. PRICE, REWARD, OR PROMISE
a. GENERIC; QUALIFYING TO MURDER
12. GREAT RUIN
a. GENERIC; QUALIFYING TO MURDER
13. EVIDENT PREMEDITATION
a. TML
14. CRAFT/CFD
15. SUPERIOR STRENGTH
a. NT
i. IN T: INCLUDES UND
16. TREACHERY/ALEVOSIA
a. DD
b. ABSORBS 14 & 15
17. IGNOMINY
a. DH
18. UNLAWFUL ENTRY
19. BROKEN WALL OR WRFDW
ART. 14: ELEMENTS REVIEWER (PALOMERA)

20. PERSONS UNDER 15 & VEHICLES

21. AUGMENTATION
a. CRUELTY: AD

KINDS OF AGGRAVATING
1. GENERIC​ - ​APPLIES​ ​GENERALLY TO​ ALL CRIMES
2. SPECIFIC​ - ​APPLY ONLY TO ​CERTAIN OR PARTICULAR CRIMES
3. INHERENT​ - ​OF NECESSITY FOLLOW THE COMMISSION OF THE CRIME; ​THEY
ARE ELEMENTS
4. QUALIFYING​ ​- CHANGE THE NATURE TO BRING ABOUT A MORE SERIOUS OR A
HIGHER PENALTY​ OR EVEN WITHOUT CHANGE, IMPOSE ​HIGHER PENALTY
5. SPECIAL​ - ​ARISE UNDER ​SPECIAL CONDITIONS;​ INCREASE PENALTY TO
MAXIMUM PERIOD ​BUT NOT TO NEXT DEGREE
ART. 14: ELEMENTS REVIEWER (PALOMERA)

1. That advantage be taken by the offender of his​ public position.

(PUBLIC POSITION: PIA; SPECIAL AGGRAVATING - ART 62; AMENDED BY RA 7659)
A. Use of ​P​restige, ​I​nfluence, or ​As​ cendancy ​(PIA)

2. That the crime be committed in​ contempt of or with insult to the public authorities.
(INSULT TO PUBLIC AUTHORITIES: ENKP)
A. That the public officer or public authority is ​engaged in the exercise of his function;
B. That the public authority is ​not the person against whom the crime is committed;
C. That the offender ​knows him to be a public authority;
D. That the ​presence​ of the public authority​ did not prevent the offender from the
commission of the crime.

3​.​ That the act be committed with insult or disregard of the respect due the offended part​y on
account of his rank, age, or sex, or that it be committed in the dwelling of the offended
party, ​if the latter has not given provocation.​ ​(DISREGARD OF RESPECT: RASD)
A. Disregard of ​rank;
B. Disregard of ​age;
C. Disregard of ​sex;
D. Committed in the ​dwelling​ of the offended party.
a. EXCEPTIONS (PLI):
i. Offended has given ​provocation;
ii. If the offender and the offended ​live in the same dwelling;
iii. Dwelling is ​inherent​ in the commission of the crime.

4. That the act be committed with​ abuse of confidence ​or​ obvious ungratefulness.
(ABUSE OF CONFIDENCE (TAF); OBVIOUS UNGRATEFULNESS (TAO)
A. Abuse of Confidence ​(TAF)
a. Offended party has ​trusted the offender;
b. Offender ​abuse such trust by committing a crime​ against the offended party;
c. Abuse of confidence ​facilitated the commission of the crime.
B. Obvious Ungratefulness ​(TAO)
a. Offended party ​has trusted the offender​;
b. Offender ​abuse such trust by committing a crime​ against the offended party;
c. Act is committed with ​obvious ungratefulness.

5. That the crime be committed in the​ palace of the Chief Executive, or in his presence, or
where public authorities are engaged in the discharge of their duties or in a place
dedicated to religious worship. ​(PALACE: PPPR)
A. In the ​Palace​ of the chief executive;
B. In the ​presence​ of the chief executive;
C. In the place where ​public authorities​ are engaged in the discharge of their duties;
D. Place dedicated to ​religious worship.
ART. 14: ELEMENTS REVIEWER (PALOMERA)

6. That the crime be committed in the​ nighttime or in an uninhabited place, or by a band.

Whenever more than three armed malefactors shall have acted together in the commission of
an offense, it shall be deemed to have been committed by a band.​ ​(NIGHTTIME OR NUB; (1)
NIGHTTIME (DTI); (2) UNINHABITED (RD); (3) BAND (4A)
A. Nighttime ​(DTI)
a. The ​darkness or silence​ of the night was especially sought by the offender;
b. The nighttime was ​taken advantage​ of by the offender to facilitate the
commission of the crime;
c. The purpose is to ensure his ​immunity from capture.
B. Uninhabited Place ​(RD)
a. That in the place where the crime was committed there was a ​remote
possibility for the victim to receive some help;
b. That the offender ​deliberately sought​ the uninhabited place in order to facilitate
the crime.
C. Band ​(4A)
a. At least ​4 armed malefactors​;
b. Acted together ​in the commission of the crime (Conspiracy and/or all are
principals).

7. That the crime be committed on the occasion of a ​conflagration, shipwreck, earthquake,

epidemic, or other calamity or misfortune. ​(CALAMITY; QUALIFYING AGGRAVATING
CIRCUMSTANCE)

8. That the crime be committed with the​ aid of armed men or person ​who insure or afford
impunity. ​(ARMED MEN)
A. Implications:
a. Armed men are merely ​accomplices;
b. No ​prescribed number.

9. That the accused is a​ recidivist.

A recidivist is one who, at the time of the trial for one crime, shall have been​ previously
convicted by final judgment of another crime embraced in the same title​ of this code.
(RECIDIVISM: TPEC)
A. Offender is on ​trial​ for an offense’
B. He was ​previously convicted​ by the final judgment of another crime;
C. Both first and second offenses are ​embraced in the same title of the code;
D. That the offender is ​convicted of the second offense​ charged.
ART. 14: ELEMENTS REVIEWER (PALOMERA)

10.​ That the offender has been ​previously punished for (1) an offense to which the law
attaches an equal or greater penalty ​or​ (2) for two or more crimes ​t​o which it attaches a
lighter penalty. ​(PREVIOUSLY PUNISHED; REITERACION (TPC) & HABITUALITY (RRHQ))
A. Reiteracion ​(TPC)
a. The accused is on ​trial​ for an offense;
b. He ​previously served sentence ​for another crime to which the law attaches an
equal or greater penalty or for 2 or more crimes to which it attaches a lighter
penalty.
i. If it is only ​1 crime​, it is necessary that the said crime must ​carry a
penalty equal or greater than the second crime​.
ii. If there are ​2 crimes ​for which he has been previously punished, it is
necessary that they ​carry lighter penalties ​than the new crime for which
he is convicted.
c. That he is also ​convicted​ of the new offense.
B. Habituality: Forms ​(RRHQ)
a. Recidivism
b. Reiteracion
c. Habitual Delinquency
d. Quasi-recidivism.

11. That the crime be committed in consideration of a ​price, reward, or promise. ​(PRICE;
GENERIC, BUT MAY BE A QUALIFYING AGGRAVATING CIRCUMSTANCE TO MURDER)

12. That the crime be committed by means of​ inundation, fire, poison, explosion, stranding
of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of
any other artifice involving great waste and ruin. ​(GREAT WASTE AND RUIN; GENERIC,
BUT MAY BE QUALIFYING AGGRAVATING CIRCUMSTANCE TO MURDER)

13. That the act be committed with​ evident premeditation.

(EVIDENT PREMEDITATION: TML)
A. The​ time​ when the offender ​determined​ to commit the crime;
B. An act ​manifestly​ indicating the culprit has ​clung to his determination.
C. Sufficient lapse time​ between the determination and execution, to allow him to reflect
upon the consequences of his acts.

14. That​ craft, fraud, or disguise ​be employed. ​(CRAFT)

A. Craft -​ intellectual​ trickery or cunning
B. Fraud - use of insidious ​words or machinations
C. Disguise - conceal his identity; if recognized, it is extinguished
ART. 14: ELEMENTS REVIEWER (PALOMERA)

15. ​That advantage be taken of​ superior strength, or means be employed to weaken the
defense. ​(SUPERIOR STRENGTH: NT)
A. Superior Strength​ ​(NT)
a. That there be a ​notorious inequality​ of forces between the offender and the
offended party in terms of their ​age, size, and strength.
b. That the offender​ took advantage of this inequality of forces​ to facilitate the
commission of the crime;​ ​includes (UND):
i. Use of weapon​ to take advantage;
ii. Numerical​ superiority
iii. Difference​ in physical characteristics such as age strength and size.

16. That the act be committed with​ treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, ​employing
means, methods or forms in the execution thereof which tend directly and specially to
insure its execution, without risk to himself arising from the defense​ which the offended
party might make.​ ​(TREACHERY: DD; ABSORBS 14 & 15)
A. The offender ​deliberately adopted ​the particular means, method or form of attack
employed by him.
B. That at the time of the attack, the victim was ​not in a position to defend himself.

17.​ ​That means be employed or circumstances brought about which add​ ignominy ​to the
natural effects of the act. ​(IGNOMINY: DH)
A. Adds ​disgrace or humiliation​ to the injury.

18. That the crime be committed after an​ unlawful entry.

There is unlawful entry when an​ entrance is affected by a way not intended for the purpose.
(UNLAWFUL ENTRY)

19.​ ​That as a means to the commission of a​ crime a wall, roof, floor, door, or window be
broken. ​(BROKEN WALL)

20.​ That the crime be committed with the​ aid of persons under 15 years of age, or by means
of motor vehicle, airships, or other similar means. ​(PERSONS UNDER 15/VEHICLES)
A. Means of motor vehicle - qualifying if killing; generic otherwise.

21. ​That the wrong done in the commission of the crime be deliberately ​augmented by causing
other wrong not necessary for its commission. ​(AUGMENTATION: CRUELTY - AD)
A. Cruelty
a. That at the time of the infliction of physical pain, the offended party ​is still alive;
b. That the offender ​enjoys and delights​ in seeing his victim suffer gradually by the
infliction of physical pain.
ART. 14: ELEMENTS REVIEWER (PALOMERA)