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Criminal Law 1 Summary: John Harvey Lee Source: RPC Luis B. Reyes Eighteenth Edition
Criminal Law 1 Summary: John Harvey Lee Source: RPC Luis B. Reyes Eighteenth Edition
Art. 14: Aggravating Circumstances of the felony as shown by: (1) the motivating
power itself, (2) the place of the commission,
1. Advantage of public position (3) the means and ways employed, (4) the time,
2. In contempt of or with insult to public or (5) the personal circumstances of the
authorities offender, or of the offended party.
3. With insult or disregard of rank, age, or sex,
or in the dwelling of the offended party, if the Four Kinds of aggravating circumstances
latter did not provoke 1. Generic: Those that can generally apply to all
4. Abuse of confidence or obvious crimes. (Ex. dwelling, nighttime, or recidivism)
ungratefulness 2. Specific: those that apply only to particular
5. Committed in the palace of the Chief crimes. (Ex. Ignominy in crimes against chastity
Executive, or in his presence, or where public or cruelty and treachery in crimes against
authorities are discharging their duties, or in a persons.)
place of religious worship 3. Qualifying: Those that change the nature of
6. Nighttime, or in an uninhabited place, or by a the crime. (Ex. Alevosia (treachery) or evident
band premeditation qualifies the killing of person to
7. Committed during a conflagration, shipwreck, murder)
earthquake, epidemic, or calamity 4. Inherent: Those that must of necessity
8. With aid of armed men or persons who accompany the commission of the crime. (Ex.
insure/afford impunity Those that must of necessity accompany the
9. Recidivism commission of the crime. Ex. Evident
10. Reiteration or Habituality premeditation is inherent in robbery, theft,
11. Price, reward, or promise estafa, adultery and concubinage).
12. By means of inundation, fire, poison,
explosion, stranding of a vessel, derailment of Qualifying aggravating circumstance
locomotive, use of any artifice involving waste DISTINGUISHED from generic aggravating
and ruin circumstance
13. Evident premeditation Generic Aggravating Qualifying
14. Craft, fraud, or disguise Circumstance Aggravating
15. Superior strength or means employed to Circumstance
weaken the defense The effect of a The effect of a
16. Treachery generic AC, not offset qualifying AC is not
17. Ignominy by any mitigating only to give the crime
18. Committed after unlawful entry circumstance, is to its proper and
19. Committed after breaking through a wall, increase the penalty exclusive name but
roof, floor, door, or window which should be also to place the
20. With aid of persons under 15 years old, or imposed upon the author thereof in
motor vehicles accused to the such a situation as to
21. Cruelty MAXIMUM PERIOD. deserve no other
penalty than that
Definition: Aggravating circumstances are those specially prescribed
which, if attendant in the commission of the by law for said crime.
crime, serve to increase the penalty, without, May be compensated Cannot be offset by a
however exceeding the maximum of the by a mitigating mitigating
penalty provided by law for the offense. circumstance. circumstance.
If it is not alleged, it To be such must be
Basis: They are based on the greater perversity is a generic alleged in the
of the offender manifested in the commission aggravating information.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
NOT applicable when crime is committed in When all the four aggravating circumstances
the presence of an agent only. are present, must they be considered as one?
- Ex. Chief of police of a town because he - They will be considered single or
is an agent of the authorities. together.
- An agent of person in authority is “any - They have the weight of one
person who, by direct provision of law aggravating circumstances only.
or by election by appointment by
competent authority, is charged with Basis of Par 3: based on the greater perversity
the maintenance of public order and of the offender, as shown by the personal
the protection and security of life and circumstances of the offended party and place
property who comes to the aid of of the commission of the crime.
persons in authority”
- Ex. Barrio councilman, barrio Applicable ONLY to crimes against PERSONS or
policeman, barangay leader. HONOR.
- This circumstance (rank, age or sex)
The crime should NOT be committed against may be taken into account ONLY in
the public authority. crimes against persons or honor, when
- If the crime is committed against a in the commission of the crime, there is
public authority while he is in the some insult or disrespect to rank, age or
performance of his official duty, the sex.
offender commits DIRECT ASSAULT. It - NOT proper in crimes against property.
is a crime committed against him. - Ex. A thing belongs to the president
does not make it more valuable than
Knowledge that a public authority is present is the things belonging to a private
essential. person.
- Lack of knowledge on the part of the
offender that a public authority is Meaning of “with insult or in
present indicates lack of intention to disregard”
insult the public authority. - It is necessary to prove the specific fact
or circumstance in order that it may be
Presence of public authority has not prevented considered as aggravating
offender from committing the crime. circumstance.
- An offense may be said to have been - There must be evidence that in the
committed in contempt of a public commission of the crime, the accused
authority, when his presence, made deliberately intended to offend or insult
known to the offender, has not the sex or age of the offended party.
prevented the latter from committing
the criminal act. With insult or in disregard of the
PAR. THAT THE ACT BE COMMITTED WITH respect due the offended party on
INSULT OR DISREGARD OF THE RESPECT DUE account-
THE OFFENDED PARTY ON THE ACCOUNT OF 1. of the rank of the offended party:
there must be a difference in the social
HIS RANK, AGE OR SEX, OR THAT IT BE
condition of the offender and the
COMMITTED IN THE DWELLING OF THE
offended party.
OFFENDED PARTY, IF THE LATTER DID NOT
PROVOKE.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
- If all the conditions are present, the Even if the killing took place outside the
offended party is deemed to have given dwelling, it is aggravating provided that the
provocation, & the fact that the crime is commission of the crime began in dwelling.
comitted in the dwelling of the -because the act performed cannot be divided
offended party is NOT an aggravating or the unity resulting from its details be broken
circumstance. up.
- If any of those conditions is NOT
present, the offended party is deemed Dwelling is aggravating in abduction or illegal
not to have given provocation, & the detention.
fact that the crime is committed in the
dwelling of the offended party is an
aggravating circumstance. What dwelling includes?
1. Dependencies
There must be close relation between 2. The foot of the staircase
provocation & commission of crime in the 3. Enclosure under the house
dwelling.
- If the deceased was only about to step
Because the provocation is NOT immediate, on the first rung of the ladder when he
dwelling is aggravating. was assaulted, the aggravating
Ex. even if the defendant came to know of the circumstance of dwelling will NOT be
illicit relations immediately before she went to applicable.
the house of the deceased, the aggravating
circumstance of dwelling may still be When the deceased had two houses where he
considered against the defendant because the used to live, the commission of the crime in
provocation (the illicit relations) did not take any of them is attended by the aggravating
place in that house. circumstance of dwelling.
The confidence between the offender and the An electoral precinct during Election Day is a
offended party must be immediate and place “where public authorities are engaged in
personal. the discharge of their duties.”
Abuse of confidence inherent in some felonies:
1. Malversation Place dedicated to religious worship.
2. Qualified theft Cemeteries are NOT such a place, however
3.Estafa by conversion or respectable they may be, are NOT dedicated to
misappropriation the worship of God. The church is a place
4. Qualified Seduction. dedicated to religious worship.
Ungratefulness must be obvious, i.e., manifest Offender must have intention to commit a
and clear. (page 374) crime when he entered the place. (Page 377)
Held: The aggravating circumstance that the
PAR 5. THAT THE CRIME BE COMMITTED IN killing was done in a place dedicated to religious
THE PLACE OF THE CHIEF EXECUTIVE, OR IN worship cannot be legally considered, where
HIS PRESENCE, OR WHERE PUBLIC there is NO evidence to show that the
AUTHORITIES ARE ENGAGED IN THE defendant had murder in her heart when she
DISCHARGE OF THEIR DUTIES, OR IN A PLACE entered the chapel on the fatal fight.
DEDICATED TO RELIGIOUS WORSHIP.
PAR. 6- THAT THE CRIME BE COMMITTED:
Basis: based on the greater perversity of the 1. IN THE NIGHTTIME, OR
offender, as shown by the place of the 2. IN AN UNINHABITED PLACE, OR
commission of the crime, which must be 3. BY A BAND, WHENEVER SUCH
respected. CIRCUMSTANCE MAY FACILITIATE THE
COMMISION OF THE OFFENSE.
Place where public authorities are engaged in
the discharge of their duties (Par. 5), Basis: They are based on the time and place of
distinguished from contempt or insult to public the commission of the crime and means and
authorities. (Par. 2) ways employed.
1. In both, the public authorities are in the
performance of their duties. Should these circumstances be considered as
2. Under Par. 5, the public authorities who are one only or three separately?
in the performance of their duties must be in -The supreme court of Spain (April 5, 1884) held
their office; while in Par. 2, the public that they constitute only ONE aggravating
authorities are performing their duties outside circumstance IF they concur in the commission
of their office. of felony.
3. Under Par 2, the public authority should not -(April 27, 1897) the same court held that the
be the offended party while under Par 5, he former decision did not declare an absolute &
may be the offended party. general rule which would exclude the possibility
of their being considered separately when their
Official or religious functions, NOT necessary. elements are distinctly perceived and can
-regardless of whether State or religious subsist independently, revealing a greater
functions are being held. degree of perversity.
-Nighttime and band were considered
Other public authorities must be actually separately
engaged in the performance of duty. (Page
376) When aggravating.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
Nighttime by and of itself is NOT an aggravating Solitude must be sought to better attain the
circumstance: it becomes so only when it is criminal purpose.
especially sought by the offender, or taken The offenders must choose the place as an aid
advantage by him to facilitate the commission either:
of the crime or to insure his immunity of 1. To an easy and uninterrupted
capture. accomplishment of their criminal designs.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
“By a band” is aggravating in robbery with Rule for the application of this circumstance.
homicide. The casual presence of armed men near the
place where the crime was committed does
PAR. 7- THAT THE CRIME BE COMMITTED NOT constitute an aggravating circumstance
ON THE OCCASION OF A when it appears that the accused did not avail
CONFLAGRATION, SHIPWRECK, himself of their aid or rely upon them to
EARTHQUAKE, EPIDEMIC OR OTHER commit the crime.
CALAMITY OR MISFIORTUNE.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
The armed men must take part directly or 2. That he was previously convicted by final
indirectly. judgment of another crime;
3. That both the first and the second offenses
Examples of “with the aid of armed men.” are embraced in the same title of the Code;
(Page 390) 4. That the offender is convicted of the new
Exceptions: offense.
1. NOT be considered when both the
attacking party and the party attacked were “At the time of his trial for one crime.”
equally armed. What is controlling is the time of trial, NOT the
2. NOT present when the accused as time of the commission of the crime.
well as those who cooperated with him in the
commission of the crime acted under the same Meaning of “at the time of his trial for
plan and for tea me purpose. one crime”
It is meant to include everything that is done in
“With the aid of armed men” (Par. 8), the course of the trial, from arraignment until
distinguished from “By a band.” (par 6) after sentence is announced by the judge in
By A Band (Par 6) Aid of armed men open court.
(Par 8)
Requires that more Is present even if one No recidivism if the subsequent conviction is for
than three armed of the offenders an offense committed before the offense
malefactors shall merely relied on involved in the prior conviction.
have acted together their aid, for actual is
in commission of the NOT necessary. “Previously convicted by final judgment.”
offense. Sec. 7 of Rule 120 of the Revised Rules of
Criminal Procedure provides that except where
“Aid of armed men” is absorbed by the death penalty is imposed, a judgment in a
“employment of a band” criminal case becomes final:
Note: If there are four armed men, aid of armed 1. After the lapse of the period for perfecting an
men is absorbed in employment of a band. If appeal, or
there are three armed men or less, aid of armed 2. When the sentence has been partially or
men may be the aggravating circumstance. totally satisfied or served, or
3. The accused has waived in writing his right to
“Aid of armed men” includes “armed women” appeal
4. The accused has applied for probation.
PAR. 9- THAT THE ACCUSED IS A RECIDIVIST. The present crime and the previous crime must
Basis: based on the greater perversity of the be “embraced in the same title of this Code”
offender, as shown by his inclination to crimes. - When the offense is punishable by an
ordinance or special law and the other
Who is a recidivist? by the Revised Penal Code, the two
- Is one who, at the time of his trial for offenses are NOT embraced in the same
one crime, shall have been previously title of the Code.
convicted by final judgment of another
crime embraced in the same title of the Examples of Crimes embraced in the same title
Revised Penal Code. of the Revised Penal Code.
Requisites: Crimes against Crimes against
1. That the offender is on trial for an offense; property persons
Robbery and theft Homicide and
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
(title ten) physical injuries (title “Punished x x x for two more crimes to which
eight) it attaches a lighter penalty.” (page 397)
There is recidivism even if the lapse of time It is the penalty attached to the offense, NOT
between two felonies is more than 10 years. the penalty actually imposed.
-no matter how many years have intervened
between the first and second felonies. Reiteracion or habituality, NOT always
aggravating. (page 397)
Pardon does NOT obliterate the fact that the
accused was a recidivist; but amnesty Recidivism and reitaeracion, Distinguished.
extinguishes the penalty and its effects.
-therefore, pardon does not prevent a former Reiteracion Recidivism
conviction from being considered as an It is necessary that It is enough that a
aggravating circumstance. the offender shall final judgment has
have served out his been rendered in the
PAR. 10- THAT THE OFFENDER HAS BEEN sentence for the first first offense.
PREVIOUSLY PUNISHED FOR AN OFFENSE TO offense.
WHICH THE LAW ATTACHES AN EQUAL OR The previous and It requires that the
GREATER PENALTY OR FOR TWO OR MORE subsequent offenses offenses be included
CRIMES TO WHICH IT ATTACHES A LIGHTER must not be in the same title of
PENALTY. embraced in the this Code.
same title of this
Basis: the greater perversity of the offender as Code
shown by his inclination to crimes. (Same as Is not always an Is always to be taken
that of recidivism). aggravating into consideration in
Requisites: circumstance. fixing the penalty to
1. That the accused is on trial for an be imposed upon the
offense. accused.
2. That he previously served sentence
for another offense to which the law attaches The four forms of repetition are:
an equal or greater penalty, or for two or more 1. Recidivism Generic aggravating
crimes to which it attaches lighter penalty than circumstance
that for the new offense; and 2. Reiteracion or Generic aggravating
3. That he is convicted of the new habituality. circumstance
offense. 3. Multi-recidivism Extraordinary
“Has been previously punished.” or habitual aggravating
-means that the accused previously served delinquency. circumstance
sentence for another offense or sentences for 4. Quasi-recidivism. Special aggravating
other offenses before his trial for the new circumstance
offense.
Habitual delinquency.
“Punished for an offense to which the law - There is habitual delinquency when a
attaches an equal x x x penalty” (page 396) person, within a period of ten years
from the date of his release or last
“Punished for an offense to which the law conviction of the crimes of serious or
attaches x x x greater penalty” (page 396) less serious physical injuries, robbery,
theft, estafa or falsification, is found
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
Quasi-recidivism.
- Any person who shall commit a felony Basis: The basis has reference to means and
after having been convicted by final ways employed.
judgment, before beginning to serve
such sentence, or while serving the Unless used by the offender as a means to
same, shall be punished by the accomplish a criminal purpose, any of the
maximum period of the penalty circumstances in paragraph 12 cannot be
prescribed by law for the new felony. considered to increase the penalty or to
- change the nature of the offense.
PAR. 11- THAT THE CRIME BE COMMITTED IN THE
CONSIDERATION OF A PRICE, REWARD OR As generic aggravating circumstance: when
PROMISE another aggravating circumstance already
qualifies the crime, any of these aggravating
Basis: based on the greater perversity of the circumstances shall be considered as generic
offender, as shown by the motivating power aggravating circumstance.
itself.
When there is no actual design to kill a person
This aggravating circumstance presuppose the in burning a house, it is plain arson even if a
concurrence of two or more offenders. (page person is killed.
399)
When used as a means to kills another person,
Is this paragraph applicable to the one who the crime is murder.
gave the price or reward? The killing of the victim by means of such
-it affects not only the person who received the circumstances as inundation, fire, poison, or
price or the reward, but also the person who explosion qualifies it to murder.
gave it. 1. “By means of fire”: Held: in order to
- affects equally the offeror and the acceptor. constitute murder, there should be an actual
design to kill and that the use of fire should be
purposely adopted as a means to that end.
2.”By means of explosion”: If there is
Price, reward or promise must be for the intent to kill and explosion is used by the
purpose of inducing another to perform the offender to accomplish his criminal purpose, it
deed. is murder if the victim dies as a direct
- The evidence must show that one of consequence thereof.
the accused used money or other 3. “By means of derailment of
valuable consideration for the purpose locomotive”: Under Art 330, which defines and
of inducing another to perform the penalizes the crime of damage to railway,
deed. telegraph, telephone lines.
- If without promise, it should not be But this is without prejudice to the
taken consideration for the purpose of criminal liability for other consequences of
increasing the penalty. criminal act.
Questions Answer
PAR. 12- THAT THE CRIME BE COMMITTED BY What crime is Damage to means of
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
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
The date and time when the offender in the absence of proof as to how and when the
determined to commit the crime plan to kill the victim was hatched or what time
essential. had elapsed before it was carried out.
The date and, if possible, the time when the
offender determined to commit the crime is Evident premeditation and price or reward can
essential, because the lapse of time for the co-exist.
purpose of the third requisite is computed from The aggravating circumstance of price,
that date and time. reward, or promise may be taken into
consideration independently of the fact that
Second requisite necessary. premeditation has already been considered,
The premeditation must be based upon inasmuch as there exists no incompatibility
external acts and NOT presumed from mere between these two circumstances, because if it
lapse of time. is certain that as a general rule price or reward
implies premeditation, it is no less certain that
Second requisite exists. the latter may be present without the former.
After the offenders had determined (conceived) Premeditation is absorbed by reward or
to commit the crime, they manifestly indicated promise.
that they clung to their determination. (Ex. Page But this rule is applicable only to the
409) inductor. The mere fact that another executed
the act on the promise of reward does not
Mere threats without the second element does necessarily mean that he had sufficient time to
NOT show evident premeditation. (Ex. page reflect on the consequences of his act.
410)
When victim is different from that intended,
Existence of ill-feeling or grudge alone is NOT premeditation is NOT aggravating.
proof of evident premeditation. (Ex. page 411) Evident premeditation may not be
properly taken into account when the person
What is sufficient lapse of time? (Ex.page 411- whom the defendant proposed to kill was
412) different from the one who became his victim.
Three hours or less considered sufficient lapse Distinguish the ruling in Timbol case from that
of time.(Ex. page 413) in the Guillen case.( Page 415)
Why sufficient time is required. It is NOT necessary that there is a plan to kill a
The offender must have the opportunity to particular person.
coolly and serenely think and deliberate on the For premeditation to exist, it is NOT
meaning and the consequences of what he necessary that the accused planned to kill a
planned to do, an interval long enough for his particular person. (Ex. Page 415-416)
conscience and better judgment to overcome
his evil desire and scheme.
There must be sufficient time between the Reason for the difference of the rulings.
outward acts and the actual commission of the When the offender decided to kill a
crime. (ex. Page 414) particular person and premeditated on the
killing of the latter, but when he carried out his
Conspiracy generally presupposes plan he actually killed another person, it cannot
premeditation. properly be said that he premeditated on the
Exception: when conspiracy is only implied, killing of the actual victim. ( Ex. page 416-417)
evident premeditation may not be appreciated,
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
Distinguished from the Caranto case. would enable the offender to carry out his
In the Caranto case, it appears that the design)
victim was also undetermined, and the threats -Where the defendants induced their
made by defendant who had lost a fishing boat victims to give up their arms upon a promise
was that either he or the thief would be turned that no harm should be done to them.
into ghost. The killing of the ghost afterwards
was held not to be murder qualified by evident Does gaining entrance by pretending to buy
premeditation, because there was merely a cigarettes or to drink water constitute craft?
threat which was not a direct and specific -it was held that the aggravating
character. circumstance of craft attended the commission
of the crime. (Page 421)
Evident premeditation, while inherent in
robbery, may be aggravating in robbery with Hairline distinction between craft and fraud
homicide if the premeditation included the There is craft or fraud when by trickery,
killing of the victim. (Ex. Page 417) accused gained entrance in victim’s house. By
pretending they had pacific intentions (to buy
PAR. 14-desiring
chickens) THAT (1)toCRAFT,
enter(2)Argenio’s
FRAUD, ORhome,
(3) DISGUISE
they allayed BEhis EMPLOYED
suspicions. They gained
entrance into the house with his consent
Basis: the basis has reference to the means through trickery or deceit. (People v. Saliling,
employed in the commission of the crime. No. L-27974, February 27, 1976, 69 SCRA 427,
443)
Application of this paragraphs
How is craft distinguished from fraud?
This circumstances is characterized by the FRAUD CRAFT
intellectual or mental rather than the physical When there is a The act of the
means to which the criminal resorts to carry out direct inducement by accused done in
his design. insidious words or order not to arouse
machinations. the suspicion of the
Craft (involves intellectual trickery and cunning victim
on the part of the accused). It is not attendant
where the accused was practically in a stupor Disguise (resorting to any device to conceal
when the crime was committed. identity).
-is chicanery resorted to by the accused Applied when:
to aid in the execution of his criminal design. It -he had his face blackened in order that
is employed as a scheme in the execution of the he should not be recognized.
crime. - covered his face with handkerchief
-but craft is not attendant where the before committing the crime.
unlawful scheme could have been carried out -illegally wore a constabulary uniform.
just the same even without the pretense. -use of an assumed name in the
publication of libel.
Craft, when not an aggravating circumstance. NOT applied when:
Where craft partakes of an element of the -The culprits were recognized by the
offense, the same may NOT be appreciated victim.
independently for the purpose of aggravation. -The mask subsequently fell down.
-appellant was readily recognizable because his When the attack was made on the victim
face could easily be seen together with the alternately, there is no abuse of superior
identifying feature of his mustache. strength.
The purpose of the offender in using any Abuse of superior strength when a man attacks
device must be to conceal his identity. a woman with a weapon.
(Examples in Page 423). It constitutes the circumstances of abuse of that
superiority which his sex and the weapon used
PAR. 15- THAT (1) ADVANTAGE BE TAKEN in the act afforded him, and from which the
woman was unable to defend herself.
OF SUPERIOR STRENGTH, OR (2) MEANS BE
Illustrations:
EMPLOYED TO WEAKEN THE DEFENSE.
a. the accused attacked an unarmed 4 feet, 11-
Meaning of “advantage be taken” inch girl with a knife.
Note the word “advantage” in this paragraph. b. the accused was armed while the victim was
-advantage of superior strength means unarmed. The latter was shot in the back after
to use purposely excessive force out of her hands were tied together.
proportion to the means of the defense c. An attack by three men against a helpless and
available to the person attacked. defenseless woman.
There is abuse of superior strength when -the gravamen of abuse of superiority is taking
weapon used is out of proportion to the advantage by the culprits of their collective
defense available to the offended party. strength to overpower their relatively weaker
victim or victims.
Simultaneous attack by two persons with -What is taken into account is NOT the number
revolvers against a defenseless person is of aggressors nor the fact that they are armed,
aggravated by superior strength. but their relative physical might vis-à-vis the
offended party.
There is no abuse of superior strength when
one acted as principal and the other two as Aggravating circumstances absorbing band.
accomplices. -Abuse of superiority absorbs cuadrilla.
-abuse of superior strength cannot be taken -If treachery absorbs abuse of superiority and
into consideration, because it would be band then it is reasonable to hold that band
inconsistent. should NOT be treated separately and distinct
-it must appear that the accused cooperated from abuse of superior strength.
together in some way designed to weaken the -the two circumstances have the same essence
defense. which is the utilization of the combines strength
of the assailants to overpower the victim and
When there is an allegation of treachery, consummate the killing.
superior strength is absorbed. -the aggravating of a band is absorbed in
-like nighttime, superior strength is absorbed treachery.
and inherent in treachery.
Means employed to weaken defense. (Page
Abuse of superior strength is aggravating in 433)
coercion and forcible abduction, when greatly -Employ means which weaken the defense of
in excess of that required to commit the the opponent.
offense.
-abuse of superior strength should be Intoxicating the victim to weaken defense.
considered for the purpose of increasing the This aggravating circumstance exists also when
penalty. the offender, who had the intention to kill the
victim, made the deceased intoxicated, thereby
The circumstance of “by a band” and that of materially weakening the latter’s resisting
“abuse of superior strength”, distinguished. power.
-the offense of robbery with homicide was
committed by a band, the element of cuadrilla If the state of intoxication is such that the
necessarily absorbs the circumstance of abuse victim cannot put up any sort of defense-
of superior strength. The court believes that treachery.
said withdrawal was ill-advised since the If in his intoxicated state it was impossible for
circumstances of band and abuse of superiority the victim to put up any sort of resistance at the
are separate and distinct legal concepts. time he was attacked, treachery may be
- the element of a band is appreciated when the considered.
offense is committed by more than three armed
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
Applicable only to crimes against persons, etc. party might make, it being the sufficient that it
-Sometimes against person and property, such tends to this end.
as robbery with physical injuries or homicide. -treachery was considered, even if the offense
was not consummated.
Means to weaken the defense absorbed in
treachery. Treachery cannot be presumed.
The aggravating circumstance of employing -The qualifying circumstance of treachery may
means to weaken the defense is absorbed by not be simply deduce d from presumption as it
treachery. is necessary that the existence of this qualifying
or aggravating circumstance should be proven
as fully as the crime itself in order to aggravate
PAR. 16.- THAT THE ACT BE COMMITTED WITH
the liability or penalty incurred by the culprit,
TREACHERY (ALEVOSIA) -it can no way be established from mere
suppositions that the accused perpetrated the
BASIS: the means and ways employed in the killing with treachery.
commission of the crime. NO TREACHERY
- The meeting of the victim and the
Meaning of treachery. assailant was only accidental.
-there is treachery when the offender commits - No witness who could have seen how
any of the crimes against person, employing the deceased was shot was
means, methods or forms in the execution presented.
thereof which tend directly and specially to - The witness did not see how it all
insure its execution, without risk to himself began and could not provide the
arising from the defense which the offended details on how the initial attacked
party might make. was commenced and how it
-treachery means that the offended party was developed.
not given the opportunity to make a defense. - Attack was frontal.
-treachery attended when the attack was EXCEPTIONS
sudden, unexpected, without warning, and - The victim was tied, treachery may
without giving the victim an opportunity to be considered though now witness
defend himself or repel the aggression. saw the killing.
- Tying the hands of the victims. The
Rules regarding treachery. victims had no opportunity to defend
1. Applicable only to crimes against persons. themselves.
2. Means, methods or forms need not insure - Treachery must be appreciated when
accomplishment of crime. an adult person illegally attacks a
3. The mode of attack must be consciously child of tender years and causes his
adopted. death even if the manner of attack is
not shown.
Applicable only to crimes against persons.
The mode of attack must be consciously
It is not necessary that the mode of attack adopted.
insures the consummation of the offense. This means that:
-the law does not require that the treacherous 1. The accused must make some preparation to
means insure the execution of the aggression, kill the deceased.
without risk to the person of the aggressor 2. The mode of attack must be thought of by
arising from the defense which the offended the offender, and must not spring from the
unexpected turn of events.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
1. The employment of means of execution that Treachery does NOT connote the element of
gave the person attacked no opportunity to surprise.
defend himself or retaliate; and -Treachery does not connote the element of
2. The means of execution were deliberately or surprise alone, but exists when the offender
consciously adopted. employs means which tend directly and
specially to insure the execution of the offense,
FOR TREACHERY TO EXIST, TWO CONDITIONS without risk to himself arising from the defense
MUST CONCUR: which the offended party might make.
1. The employment of the means, methods or
manner of execution which would insure the Mere sudden and unexpected attack does not
offender’s safety from any defense or necessarily give rise to treachery.
retaliatory act on the part of the offended It does not always follow that because the
party; and attack is sudden and unexpected it is tainted
2. Such means, method or manner of execution with treachery. Indeed, it could have been done
was deliberately or consciously chosen by the on impulse, as a reaction to an actual or
offender. imagined provocation offered by the victim.
The victim was not in a position to defend
himself. When the accused gave the deceased a chance
-the victims were made to lie face down, their to prepare, there was no treachery.
hands tied at the back before they were killed.
-the victim was shoot from behind while No treachery where the attack is preceded by
dancing. a warning.
-without warning, the victim was hit in the When the accused first asked “what did you
head, then stabbed in the back. say?” before starting the aggression, there is
-the victim was beaten to death while his hands NO treachery because that question was
and feet were tied with a rope. already a warning to the offended party of the
-the victim was attacked defenseless in the hostile attitude of the accused.
driver’s seat of his jeep.
Calling attention of victim NOT necessarily a
There is treachery when the offenders made a warning.
deliberate surprise or unexpected attack on the The fact that the assailant called out, “fiscal”
victim. before shooting the victim does not negate the
-treachery is NOT present where the accused presence of treachery. The assailant being a
and the victim grappled with each other. hired killer, he wanted to insure that he was
shooting the correct person. When the victim
Does the fact that advantage was taken of turned his face to find out who was calling him,
relative confusion, so that the act and identity the assailants fired immediately, rendering no
of the offender would not be detected, and so opportunity for the victim do defend himself.
that his escaped would be facilitated
adequately establish treachery? No treachery where shooting is preceded by
-treachery has been adequately established. heated discussion.
Advantage was therefore taken by the Held: since the shooting was preceded by a
defendant of the relative confusion created by heated discussion between the two, it must
the shower on the crowd, so that his act and have placed the deceased on his guard, and the
identity would not be detected by the people in alleged treachery cannot be legally considered
the dance hall, and so that his escape would be - No treachery where the commission of
facilitated. the crime was pre. Ceded shortly before
the by a boxing incident.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
- There is no treachery where the assault - Treachery attended where the victim
upon the deceased was preceded by a was completely taken by surprise and
heated exchange of words. shot, where he was seated peacefully
eating with his family.
Killing unarmed victim whose hands are - Treachery attends although the attack
upraised is committed with treachery. is frontal where the victim was
- Where the victim was shot when his completely helpless, as when both his
hands were raised, to show that he hands were held by the attackers
would not fight, or because of fright, or numbering five ganging up on him.
to try to ward off the shots that were to
come, he was clearly in a defenseless Flashing the beam of a flashlight on the face of
position. the victim.
-Thus, it momentarily blinding the latter, the
Killing a woman asking for mercy is committed attack, though frontal, was sudden and
with treachery. perpetrated in a manner tending directly to
insure its execution, free from any danger that
the victim might defend himself.
There is treachery in killing a child.
Killing a child is characterized by treachery Treachery must be proved by clear and
because the weakness of the victim due to his convincing evidence.
tender age results in the absence of any danger Treachery is NOT be presumed or taken for
to the accused. granted from the mere statement of a witness
that “the attack was sudden.” There must be a
Intent to kill is NOT necessary in murder with clear showing from the narration of facts why
treachery. the attack or assault is said to be “sudden”. It
Thus, one who struck another with the first must be proved by clear and convincing
from behind causing the latter to fall evidence.
backwards, his head striking the asphalt
pavement which caused death resulting from a Attack from behind is NOT always alevosia.
fracture of the skull, is guilty of murder - It must appear that such mode of attack
although he did not intend to kill the deceased. was consciously adopted and the
- But intent to kill is necessary in murder question of risk to the offender must be
committed by means of fire. taken into account.
- The finding must be based on some
Treachery may exist even if the attack is face positive proof and not merely by an
to face. inference drawn more or less logically
Treachery should be taken into account even if from hypothetical facts. The facts
the deceased was face to face with his assailant preceding the actual shooting must be
at the time the blow was delivered, where it in evidence.
appears that the attack was not preceded by a - If the evidence clearly shows that the
dispute and the offended party was unable to stab wound at the back was the last to
prepare himself for his defense. be inflicted.
- Treachery is present although the - If it does not appear that the assailant
shooting was frontal, as when the purposely chose to employ such means
attack was so sudden and unexpected of attack so that there would be no risk
that the victim was not in a position to to himself from any defense which he
offer an effective defense. offended party might make.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
Illustration of aggravating
If the intervention of other persons did not circumstance absorbed by another.
directly and especially insure the execution of (page 469)
the crime without risk to the accused, there is
NO treachery. Dwelling is NOT included in treachery.
- When there is still risk to the person
from the defense which the victim Defenseless condition of victims is included in
might make. abuse of superior strength, NOT treachery.
- When his freedom of movement was
being restrained by one of the culprits Treachery is inherent in murder by poisoning.
when the others fired at him.
- Under the circumstances, there was no Treachery cannot co-exist with passion or
risk to the aggressor arising from any obfuscation.
defense which the deceased might One who loses his reason and self-control could
make. not deliberately employ a particular means,
method or form of attack in the execution of
Treachery, evident premeditation and use of the crime.
superior strength are absorbed in treason by PAR. 17- THAT MEANS BE EMPLOYED OR
killing. CIRCUMSTANCES BROUGHT ABOUT WHICH
- By their nature, inherent in the offense ADD IGNOMINY TO THE NATURAL EFFECTS OF
of treason. THE ACT.
the crime more humiliating or to put the Dwelling and unlawful entry taken separately in
offended party to shame. murders committed in a dwelling.(page 475)
- it is required that the offense be
committed in a manner that tends to Unlawful entry is NOT aggravating in trespass
make its effects more humiliating to the to dwelling.
victim, that is, add to his moral - Trespass to dwelling: a private
suffering. individual shall enter the dwelling of
another against the latter’s will and
No ignominy when a man is killed in the may be committed by means of
presence of his wife. violence.
The circumstance of ignominy was NOT present, - if the offender entered the dwelling not
because no means was employed nor did any intended for the purpose, like the
circumstance surround the act tending to make window, the unlawful entry was an
the effects of the crime more humiliating. integral part of the circumstance of
violence with which the crime of
Rape as ignominy in robbery with homicide. trespass was committed.
-it increases the moral evil of the crime.
PAR. 19- THAT AS A MEANS TO THE
PAR. 18- THAT THE CRIME BE COMMITTED COMMISSION OF A CRIME, A WALL, ROOF,
AFTER AN UNLAWFUL ENTRY FLOOR, DOOR, OR WINDOW BE BROKEN.
Basis: has reference to the means and ways Basis: has reference to means and ways
employed to commit the crime. employed to commit the crime.
- If the wall, etc., is broken in order to get - Ex. The jeep having played an important
out of the place, it is not aggravating role in the accomplishment of the crime
circumstance. and the accused and his companions
- Breaking a part of the building is one of having made good their escape by
the means of entering the building to spending away aboard the jeep in order
commit robbery with force upon things. to avoid discovery of their identities,
It is inherent in this kind of robbery. use of motor vehicle is aggravating.
Breaking a part of the building is NOT
aggravating in that crime. NOTE: if the motor vehicle was used only in
facilitating the escape, it should not be an
Where breaking of door or window is lawful. aggravating circumstance.
(Page 476) - The use of motor vehicle was merely
incidental; not aggravating.
PAR. 20- THAT THE CRIME BE COMMITTED - Not aggravating where there is no
(1) WITH THE AID OF PERSONS UNDER showing that the motor vehicle was
purposely used to facilitate the
FIFTEEN YEARS OF AGE, OR (2) BY MEANS
commission of the crime or where it is
OF MOTOR VEHICLES, AIRSHIPS, OR OTHER
not shown that without it, the offense
SIMILAR MEANS. charged could not have been
committed.
Basis: has reference to means and ways
employed to commit the crime. Estafa, which is committed by means of deceit
or abuse of confidence, cannot be committed
Two aggravating circumstances in Paragraph by means of motor vehicle.
20.
FIRST SECOND Theft, which is committed by merely taking
Tends to repress, so Intended to personal property which need NOT be carried
far as possible, the counteract the great away, cannot be committed by means of
frequent practice facilities found by motor vehicles.
resorted by modern criminals in
professional said means to Examples of crimes committed by means of
criminals to avail commit crime and motor vehicle.
themselves of minors flee and abscond - The crime of forcible abduction.
taking advantage of once the same is - Truck was used in carrying the stolen
their irresponsibility. committed. rails and iron and wooden ties from the
scene of the theft to the place where
“With the aid of persons under fifteen years of they sold.
age” (page 477) - Motor vehicle was used in transporting
the accused.
“By means of motor vehicles” - Even if the victims rode voluntarily in
- The accused used the motor vehicle in the jeepney, since they were lured and
going to the place of the crime, in taken to the place where they killed.
carrying away the effects thereof, and - A jeep was used by the appellants in
in facilitating their escape. fetching and luring the deceased.
- The use of motor vehicles is aggravating - The accused stabbed and inflicted upon
“because the same furnish a quick his girlfriend, mortal wounds which
means for the flight or concealment of caused her death, while they were in a
the offender” taxi which was hired and used by him.
Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition
- The accused used a motor vehicle to 2. That the other wrong be unnecessary for the
insure the success of their nefarious execution of the purpose of the offender.
enterprise.
“Be deliberately augmented by causing other
“Or other similar means.” wrong.”
-it refers to motorized vehicles or other means -This means that the accused at the time of the
of transportation similar to automobile or commission of the crime had a deliberate
airplane. intention to prolong the suffering of the victim.
-thus if the culprit, before committing and after
committing the crime, rode in a bicycle and “Other wrong not necessary for its
escaped, there is NO aggravating circumstance. commission.”
It is aggravating if he used a motorcycle. -Ex. Striking him with the gun is “other wrong,”
but it is necessary for the commission of the
PAR. 21- THAT THE WRONG DONE IN THE crime of robbery, particularly to get C’s money.
COMMISSION OF THE CRIME BE DELIBERATELY Hence, there is NO cruelty.
AUGMENTED BY CAUSING OTHER WRONG NOT
NECESSARY FOR ITS COMMISSION. Cruelty refers to physical suffering of victim
purposely intended by offender.
Basis: has reference to ways employed in Cruelty requires deliberate prolongation of the
committing the crime. physical suffering of victim.