AGGRAVATING

CIRCUMSTANCE
 ▪ are those which, if attendant in the commission of the crime,
AGGRAVATING serve to increase the penalty without, however, exceeding the
CIRCUMSTANCE maximum of the penalty provided by law for the offense.
 GENERIC
Generally apply to all crimes.

Example - dwelling, nighttime, recidivism

TYPES
SPECIFIC
▪ Particular crimes
Example - ignominy in crimes against chastity;
Cruelty; treachery in crimes against persons
 QUALIFYING
Changes the nature of the crime
▪ Example - Alevosia, evident premeditation qualifies the
killing of a person to murder.

TYPES
INHERENT
Must of necessity accompany the commission of the
crime
▪ Example - evident premeditation is inherent in robbery,
theft, estafa, adultery, concubinage
 REQUISITES

1. Offender is a public officer

1. That advantage be taken by the
offender of his position 2. Must his influence, ascendancy, and prestige which his
office gives him as a means by which he commences the
crime
 1. Public authority is engages in the exercise of his functions

2. That the crime be 2. He who is engaged in the exercise of the said functions is
committed in NOT the person against whom the crime is committed
contempt of or with
insult to the public
authorities 3. The offender knows him to be a public authority
▪ His presence has not prevented the offender from committing
the criminal act. *essential*

3. That the act be committed
(1) with insult or in disregard of
the respect due the offended
party on the amount of his
(a) rank,
(b) age,
(c) sex, or
(2) that it be committed in the
dwelling in the offended party,
if the latter has not given
provocation
1. RANK OF OFFENDED PARTY
▪ There must be a difference in the social condition of the
offender and the offended party or high social position or
standing
2. AGE OF OFFENDED PARTY
▪ When the offended person, by reason of age, is old enough
to be the father of the offender.
3. SEX OF OFFENDED PARTY
▪ Refers to the female sex, not the male sex.
4. THAT THE CRIME BE COMMITTED IN THE DWELLING OF
THE OFFENDED PARTY
▪ Crime was committed in one’s dwelling
▪ Offended party must not give provocation
 ▪ ABUSE OF CONFIDENCE

1. Offended party had trusted the offender

2. Offender abused such trust by
committing a crime against the offended
party
4. That the act be committed with 3. Abuse of confidence facilitated
(1) abuse of confidence or (2)obvious
ungratefulness
▪ OBVIOUS UNGRATEFULNESS

1.)That the act must be manifest and

clear with obvious ungratefulness

5. That the crime be committed in the
palace of the Chief of 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.
✓ The place of the commission of the felony (par 5), if it is in
Malacanang palace or church, is aggravating, regardless of
whether the state or official or religious functions are being
held.
✓ The mere presence alone of the Chief Executive (need not
be in the palace) to constitute such aggravating
circumstance.
✓ ^and even if such public authority is not engaged in the
discharge of his duties where the crime is committed.
✓ BUT as regards to the place where the public authorities
are engaged in the discharge of their duties, there must be
some performance of public functions.
✓ Offender MUST have intention to commit a crime when he
entered the place.

6. That the crime be committed (1) in
the nighttime, or (2) in an uninhabited
place, or (3) by a band, whenever such
circumstance may facilitate the
commission of the offense.
When nighttime, uninhabited place or band is aggravating
1) When it facilitated the commission of the crime; or
2) When especially sought for by the offender to insure the
commission of the crime of for the purpose of impunity
3) When the offender took advantage thereof for the purpose
of impunity

7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other
calamity or misfortune
1) There be a state of calamity of epidemic or misfortune
2) The offender MUST take advantage of the calamity or
misfortune in committing the crime.

8. that the crime be committed with
the aid of (1) armed men, or (2)
persons who insure or afford impunity
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 relief upon
them when the crime was committed.
 1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;

9. That the accused is a RECIDIVIST 3. That both the first and the second offenses are
embraced in the same code.
4. That the offender is convicted of the new offense.
 1. That the accused is ON TRIAL for an offense;
2. That he previously served sentence for another
10. That the offender has been offense to which the law attaches an equal or greater
previously punished for an offense to penalty, or for two or more crimes to which it attaches
which the law attaches an equal or
greater penalty for two or more crimes lighter penalty than that for the new offense; and
to which it attaches a lighter penalty
3. That he is convicted of the new offense.

11. That the crime be committed in
consideration of a price, reward of
promise.
1. Presupposes 2 or more offenders/principals
• Principal by inducement/offeror
• Principal by participation/acceptor
2. Price, reward or promise must be for the purpose
of inducing another to perform the deed.
 ▪ inundation,
▪ fire,
▪ poison,
12. That the crime be committed by
means of inundation, fire, poison, ▪ explosion,
explosion, stranding of a vessel or
intentional damage thereto, ▪ stranding of a
derailment of a locomotive, or by the
use of any other artifice involving waste ▪ vessel or intentional damage thereto, derailment of a
and ruin.
locomotive, or
▪ by the use of any other artifice involving waste and
ruin.
13. that the act be committed
with evident premeditation
▪ evident premeditation
 1) craft,
14. That (1) craft, (2) fraud, or (3) 2) fraud,
disguise be employed
3) disguise be employed
 ABUSE OF SUPERIOR STRENGTH
Intentional use of superior strength
1. Where there is excessive force out of proportion to the
means of defense available to person attacked.

15. that (1) advantage be taken of
superior strength or (2) means be
employed to weaken the defense
2. When there is a NOTORIOUS INEQUALITY of forces
between aggressor and the victim (age, size and
strength)
3. Numerical superiority
4. Offender uses a powerful weapon which is out of
proportion to defense.

WEAKEN DEFENSE (absorbed in the next section :

treachery)
 Requisite:

1) That at the time of the attack, the victim was not in a

16. That the act be committed with position to defend himself
treachery (alevosia)
2) That the offender consciously adopted that particular
means, method or form of attack employed by him.
 17. That means be employed or The means employed or the circumstances brought about must
circumstances brought about which tend to make the effects of the crime more humiliating or to
add IGNOMINY to the natural effects of put the offended party to shame.
the act
18. that the crime be committed after ▪ Unlawful entry
an unlawful entry.

19. that as a means to the
commission of a crime, a wall, roof,
floor or window be broken.
1) Breaking of a part of the building
2) To effect entrance only
3) Utilized in the commission of the crime
 ▪ 1) with the aid of persons under 15 years of
age or
20. that the crime be committed (1)
with the aid of persons under 15 years
of age or (2) by means of motor
vehicles, airships or similar means
▪ (2) by means of motor vehicles, airships or
similar means
 1) That the injury caused be deliberately increased by causing
another wrong

2) When the wrong done was intended to prolong the suffering

of the victim, causing him unnecessary moral and physical
CRUELTY pain by

3) That the accused enjoyed and was delighted in making his

victim suffer