Article 14: Aggravating Circumstance

Par. Summary Provision

1 Abuse of Public Officer That advantage be taken by the offender of his public position.
-In contempt That the crime be committed in contempt of or with insult to the public
2
-insult to the public authorities authorities.
-disregard of rank That the act be committed with insult or in disregard of the respect due to
-disregard of age the offended party on account of his rank, age, or sex, or that it be
3
-disregard sex committed in the dwelling of the offended party, if the latter has not given
-in the dwelling of offended party provocation.
-abuse of confidence That the act be committed with abuse of confidence or obvious
4
-obvious ungratefulness ungratefulness.
-committed in palace of CE
That the crime be committed in the palace of the Chief Executive, or in his
-in presence of CE
5 presence, or where public authorities are engaged in the discharge of their
-public authorities in discharge of duties
duties, or in a place dedicated to religious worship.
-in place dedicated for religious worship
That the crime be committed in the nighttime, or in an uninhabited place, or
by a band, whenever such circumstances may facilitate the commission of
-Nighttime the offense.
6 -Uninhabited place
-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.
That the crime be committed on the occasion of a conflagration, shipwreck,
7 -During calamities
earthquake, epidemic or other calamity or misfortune.
That the crime be committed with the aid of armed men or persons who
8 -Aid of armed men
insure or afford impunity.
That the accused is a recidivist.

9 Recidivism A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of this Code.
That the offender has been previously punished for an offense to which the
10 Reiteracion law attaches an equal or greater penalty or for two or more crimes to which
it attaches a lighter penalty.
-Price
11 -Reward That the crime be committed in consideration of a price, reward, or promise.
-Promise
That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or intentional damage thereto, derailment
12 Great waste and ruin
of a locomotive, or by the use of any other artifice involving great waste and
ruin.
13 Evident Premeditation That the act be committed with evident premeditation.
-Craft
14 -Fraud That craft, fraud, or disguise be employed.
-Disguise
-Abuse of superior strength That advantage be taken of superior strength, or means be employed to
15
-Inequality of Forces weaken the defense.
That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the
16 Treachery
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.
Par. Summary Provision
That means be employed or circumstances brought about which add
17 Ignominy
ignominy to the natural effects of the act.
That the crime be committed after an unlawful entry.
18 Unlawful entry There is an unlawful entry when an entrance is effected by a way not
intended for the purpose.
That as a means to the commission of a crime a wall, roof, floor, door, or
19 Portion of 18
window be broken.

-Aid of minors 15 below That the crime be committed with the aid of persons under fifteen years of
20
-Aid of motor vehicles, airships et. age or by means of motor vehicles, airships, or other similar means.

That the wrong done in the commission of the crime be deliberately

21 Cruelty
augmented by causing other wrong not necessary for its commission.