Criminal Law Book I (CLAW 3)

Prepared by: Atty. Shally Mae P. Villa, RPm

VII. Aggravating Circumstances

Definitions

Article 14. Aggravating circumstances. – The following are aggravating

circumstances:

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

2. That the crime be committed in contempt or with insult to the public

authorities.

3. That the act be committed with insult or in disregard of the respect due
the offended party on account of his rank, age, or sex, or that is be
committed in the dwelling of the offended party, if the latter has not given
provocation.

4. That the act be committed with abuse of confidence or 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.

6. That the crime be committed in the night time, or in an uninhabited place,

or by a band, whenever such circumstances may facilitate the
commission of the offense.

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.

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

shipwreck, earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who
insure or afford impunity.

9. That the accused is a recidivist.

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.

10. That the offender has been previously punished by an offense to which
the law attaches an equal or greater penalty or for two or more crimes
to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or

promise

12. That the crime be committed by means of inundation, fire, poison,

explosion, stranding of a vessel or international damage thereto,
derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.

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13. That the act be committed with evidence premeditation.

14. That craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be employed

to weaken the defense.

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.

17. That means be employed or circumstances brought about which add

ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry. There is an

unlawful entry when an entrance is effected by a way not intended for
the purpose.

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

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

21. That the Wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission.

Aggravating Circumstances

Those which, if attendant in the commission of the crime, serve to have the penalty
imposed in its maximum period prescribed by law for the offense or change the nature of
the offense.

In aggravating circumstances, there is

- a crime
- a criminal
- a criminal liability
- a civil liability
- a greater penalty

Basis for the aggravating circumstances: greater perversity of the offender manifested
in the commission of the felony as shown by:

1. motivating power itself

2. place of the commission

3. means and ways employed

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4. time

5. personal circumstances of the offender or the offended party

Kinds of aggravating circumstances

1. Generic aggravating circumstance: it increases the penalty of the offense to its

maximum period but it cannot be to the next higher degree
- it can be offset by an ordinary mitigating circumstance
- it includes those that can generally apply to all crimes

a. recidivism

b. advantage taken of public position

c. contempt or insult to public authorities

d. crime committed in the dwelling of the offended party

e. abuse of confidence or obvious ungratefulness

f. place where the crime is committed

g. nighttime, uninhabited place, or band

h. reiteracion or habituality

i. craft, fraud, or disguise

j. unlawful entry

k. breaking of parts of the house

l. use of persons under 15 years of age

2. Specific aggravating circumstance: it applies only to specific crimes

a. disregard of rank, age, or sex of the offended party in crimes against

persons and honor

b. abuse of superior strength or means employed to weaken defense in crimes

against persons

c. treachery in crimes against persons

d. cruelty in crimes against persons

e. ignominy in crimes against chastity

3. Qualifying aggravating circumstance: it changes the nature of the crime and

the designation of the offense and resultantly increases the penalty to a higher
degree
- it cannot be offset by any mitigating circumstance
- it must be proved as conclusively as the guilt of the offender because they are
elements of the offense

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a. treachery or evident premeditation qualifies the killing of a person to murder

b. Article 248 of the RPC enumerated the qualifying aggravating

circumstances which qualify the killing of a person to murder

4. Inherent aggravating circumstance: it accompanies the commission of the

crime; therefore, not considered in increasing the penalty imposed

a. evident premeditation in concubinage, robbery, adultery, theft, estafa

b. abuse of public office in bribery

c. breaking of a wall or unlawful entry into a house in robbery with the use of
force upon things

d. fraud in estafa

e. deceit in simple seduction

f. ignominy in rape

5. Special aggravating circumstance: it arises under special conditions to

increase the penalty of the offense and it cannot be offset by mitigating
circumstances

a. complex crimes

b. use of unlicensed firearm in murder

c. taking advantage of public position and membership in an

organized/syndicated group

d. error in personae

e. quasi-recidivism

Generic aggravating circumstance vs. Qualifying aggravating circumstance

GENERIC AGGRAVATING QUALIFYING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE
increases the penalty which should be gives the crime its proper and exclusive
imposed upon the accused to the name and places the author thereof in
maximum period but without exceeding such a situation as to deserve no other
the limit prescribed by law penalty than that specially prescribed by
law for said crime
may be offset by an ordinary mitigating cannot be offset by a mitigating
circumstance since it is not an ingredient circumstance since it is considered an
of the crime ingredient of the crime
does not change the nature of the offense changes the nature and the name of the
offense

1. The accused was convicted of homicide. Confession and nighttime were

appreciated. Nighttime for being an ordinary aggravating circumstance will be
offset by confession as an ordinary mitigating circumstance.

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Hence, neither of the two circumstances will modify the penalty for homicide.
Since there is neither mitigating circumstance nor aggravating circumstance,
reclusion temporal shall be applied in its medium period, which ranges from 14
years, 8 months, and 1 day to 17 years and 4 months.

2. The accused was convicted of homicide. Confession and taking advantage of

public position were appreciated. Taking advantage of public position for being a
qualifying aggravating circumstance cannot be offset by confession, which is an
ordinary mitigating circumstance.

Hence, the penalty of reclusion temporal prescribed for homicide shall be applied
in its maximum period, which ranges from 17 years, 4 months, and 1 day to 20
years.

Rules on aggravating circumstances

1. Aggravating circumstances shall not be appreciated if (a) they constitute a crime

specifically punished by law, or (b) they are included in defining a crime and
prescribing a penalty therefor.

2. Aggravating circumstances shall not be appreciated if they are inherent in the

crime to such a degree that they must of necessity accompany the commission
thereof.

3. All aggravating circumstances should be alleged in the Information and proved

as fully as the crime itself in order to increase the penalty.

Taking advantage of public office

Basis: greater perversity of the offender as shown (1) by the means of personal
circumstance of the offender, or (2) by the means used to secure the commission of the
crime

Note: This aggravating circumstance applies only when the offender is a public officer.
The offender is a public officer who avails of the influence, prestige, or ascendancy
inherent in his position for the purpose of committing the crime. His position must facilitate
the commission of a crime.

Where inherent: malversation; falsification of a document committed by a public officer

Illustrations

1. A policeman on guard duty who has maltreated a prisoner.

The felony was attended with the aggravating circumstance of advantage be

taken by the offender of his public position because he could not have done the
same where it not for his position as a guard on duty.

2. Eugene, a police officer, killed the person he was supposed to arrest.

In contempt of or with insult to public authorities

Basis: greater perversity of the offender as shown by his lack of respect for the public
authority

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Requisites of in contempt of or with insult to public authorities

1. the public authority is engaged in the exercise of his function

Public authority (person in authority): he is one directly vested with jurisdiction

which is the power to govern and to execute the laws, whether as an individual
or as a member of some court or governmental corporation, board, or commission
(e.g., mayor, judge, chief of police, barangay chairman)

2. the public authority is not the person against whom the crime is committed

3. the offender knows him to be a public authority

Knowledge that a public authority is present is essential. Lack of such knowledge

indicates lack of intention to insult public authority.

4. his presence has not prevented the offender committing the crime

Illustrations

1. The barangay council organized an assembly attempted by Mayor Gabriel. While

a consultation was going on, Hope and Isaac, who both stood nearby listening to
the proceedings had a dispute. An alteration ensued. Hope stabbed Isaac who
died as a result.

The killing was attended by the aggravating circumstance of contempt of or with

insult to the public authority. The presence of Mayor Gabriel did not deter the
commission of the crime.

2. Jameson stabbed and killed Krizel in the presence of SP02 Landon.

This is not an aggravating circumstance of contempt of or with insult to the public

authority. It is not present if a policeman is present at the scene of the crime. a
policeman is an agent of a person in authority, not a person in public authority.

With insult or lack of regard due to the offended party by reason of rank, age, or
sex

Basis: greater perversity of the offender as shown (1) by the personal circumstance of
the offended party and (2) by the place of the commission of the crime

The four circumstances under this paragraph can be considered single or altogether. If
all of them are present, they have the weight of one aggravating circumstance only.

The circumstance of rank, age, or sex may be taken into account only in crimes against
persons or honor, when in the commission of the crime, there is some insult or disrespect
to rank, age, or sex. They cannot be appreciated in crimes against property.

Where inherent: sex is inherent in parricide, rape, forcible abduction, seduction

Illustrations

1. A clerk who murdered the Assistant Chief of Personnel Transaction of the Civil
Service Commission.

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2. A man who killed an octogenarian.

3. Jerome attacked and killed Kendall. The aggravating circumstance of disrespect

to the offended party on account of her sex is present.

4. Pablito attacked and killed Judge Quentin, a Regional Trial Court judge who
rendered a decision adverse to him. The aggravating circumstance of disrespect
to the offended party on account of his rank is present.

Dwelling

Basis: (1) the abuse of confidence which the offended party reposed in the offender by
opening the door to him, or (2) the violation of the sanctity of the home by trespassing
therein with violence or against the will of the owner

1. It must be a building or structure, exclusively used for rest and comfort.

2. Dwelling includes dependencies, the foot of the staircase and enclosure under
the house.

3. Even if the killing took place outside the dwelling, it is aggravating provided that
the commission of the crime began in the dwelling.

Dwelling is not aggravating

1. When both the offender and the offended party are occupants of the same house.

Exception: In case of adultery in the conjugal dwelling, the same is aggravating.

2. When robbery is committed by the use of force upon things, dwelling is not
aggravating because it is inherent.

3. In the crime of trespass to dwelling, it is inherent or included by law in defining

the crime.

4. When the owner of the dwelling gave sufficient and immediate provocation.

5. When the victim is not a dweller of the house.

Illustrations

1. The victim was raped in the boarding house where she was a bed spacer.

2. The victims were raped in paternal home where they were guests at the time.

3. The victims, while sleeping as guests in the house of another person, were shot
to death.

Abuse of confidence and obvious ungratefulness

Basis: greater perversity of the offender as shown by the means and ways employed

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Requisites of abuse of confidence

1. the abuse of confidence facilitated the commission of the crime

2. the offender abused such trust by committing a crime against the offended party

3. the offended party had trusted the offender

The aggravating circumstance of abuse of confidence is present when trust and

confidence exist between the accused and the victim and the accused made use of such
confidence to commit a crime.

Where inherent: abuse of confidence is inherent in qualified seduction, qualified theft,

estafa by conversion or misappropriation, malversation

Requisites of obvious ungratefulness

1. the offended party had trusted the offender

2. the offender abused such trust by committing a crime against the offended party

3. the act be committed with obvious ungratefulness

Illustrations

1. Jackie is the maid of Don Karlo. Jackie cleans the room of Don Karlo every day.
Having been under his employ for years, Don Karlo reposed trust and confidence
to Jackie. One day, Jackie entered the room of Don Karlo and stole his expensive
jewelries. The aggravating circumstance of abuse of confidence is present.

2. One stormy night, Theresa opened her door to Uriel who was wet all over and
was trembling in cold. Uriel pleaded to be accommodated for that night in the
house of Theresa. Theresa gave Uriel clothes and foods. She also assigned to
him a comfortable room. In the dead of the night, Uriel crawled into the room of
Theresa and raped her.

There is a clear, manifest, and unmistakable ingratitude on the part of Uriel who
was warmly welcomed and trusted by the victim. The aggravating circumstance
of obvious ungratefulness is present.

3. When the accused killed his father-in-law in whose house he lived and who
partially supported him.

4. When the victim was suddenly attacked while in the act of giving the assailants
their bread and coffee for breakfast.

5. When the accused was living in the house of the victim who employed him as an
overseer and in charge of carpentry works, and had free access to the house of
the victim who was very kind to him, his family, and who helped him solved his
problems.

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In the palace of the Chief Executive; in the presence of the Chief Executive; where
public authorities are engaged in the performance of their duties; in a place
dedicated to religious worship

Basis: greater perversity of the offender as shown by the place of the commission of the
crime, which must be respected

If the place of the commission of the felony is at the Malacañang palace or at a church, it
is aggravating regardless of whether State or official or religious functions are being held.

If the place of the commission of the felony is where public authorities are engaged in the
performance of duties, there must be performance of public functions.

The President need not be at the Malacañang palace. His presence alone in any place
where the crime is committed is enough to constitute it is an aggravating circumstance.

Illustrations

1. Ronald shot and kill Sandro who was then kneeling and silently praying in the
church pew. The holy and sacred place did not deter Ronald from committing the
crime. The aggravating circumstance of committing the crime in a place dedicated
to religious worship is present.

2. Gino hostaged and then killed his lawyer while the court was in session. The
aggravating circumstance of committing the crime in a place where public
authorities are engaged in the performance of duties is present. When the crime
was committed, there was an actual performance of public functions.

Nighttime; in an uninhabited place; by a band

Basis: greater perversity of the offender as shown by the time and place of the
commission of the crime and means and ways employed

When nighttime, uninhabited place, or band aggravating

1. when it facilitated the commission of the crime (objective test)

2. when especially sought for by the offender to insure the commission of the crime
or for the purpose of impunity (subjective test)

3. when the offender took advantage thereof for the purpose of impunity

Nighttime (obscuridad): that period of darkness beginning at the end of dusk and ending
at dawn

By and of itself, nighttime is not aggravating. It becomes so only when it is especially

sought for by the offender, or taken advantage by him to facilitate the commission of the
crime, or to ensure his immunity from capture.

Illustration

Andrew arrived at the house of Bernard at 7:20 P.M. but purposely waited until 4:00 A.M.
when his intended victims are already asleep in order to commit the crimes.

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The circumstance of nighttime will aggravate the crimes committed.

Uninhabited place (despoblado): one where there are no houses at all; a place at a
considerable distance from town, or where the houses are scattered at a great distance
from each other

That the place is uninhabited is determined not by the distance of the nearest house to
the scene of the crime, but whether or not in the place of the commission, there was
reasonable possibility of the victim receiving some help.

Illustration

The killing was done during nighttime, in a sugarcane plantation about a hundred meters
from the nearest house, and the sugarcane in the field was tall enough to obstruct the
view of the neighbors and the passerby.

Band (en cuadrilla): whenever more than three (i.e., at least four) armed malefactors
shall have acted together in the commission of an offense

Requisites of band

1. armed men or persons took part in the commission of the crime, directly or
indirectly

2. the accused availed himself of their aid or relied upon them when the crime was
committed

In the occasion of a conflagration, shipwreck, earthquake, epidemic, or other

calamity or misfortune

Basis: greater perversity of the offender as shown by the time of the commission of the
crime

This paragraph provides for the aggravation of the liability of the accused who takes
advantage of a public calamity in the commission of the offense.

With the aid of armed men or persons who insure or afford impunity

Basis: greater perversity of the offender as shown by the means and ways of committing
the crime

Requisites of with the aid of armed men

1. armed men or persons took part in the commission of the crime, directly or
indirectly

2. the accused availed himself of their aid or relied upon them when the crime was
committed

Armed men: persons equipped with a weapon

The mere casual presence of armed men, more or less numerous, near the place of the
occurrence does not constitute an aggravating circumstance when it appears that the

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accused did not avail himself in any way of their aid, and did not knowingly count upon
their assistance in the commission of the crime.

When not aggravating

1. when both the attacking party and the attacked were equally armed

2. when the accused as well as those who cooperated with him in the commission
of the crime acted under the same plan and for the same reason

With the aid of armed men vs. By a band

With the aid of armed men By a band
at least two requires more than three armed
malefactors (i.e., at least four)
this circumstance is present even if one of requires that more than three armed
the offenders merely relied on their aid, for malefactors shall have acted together in
actual aid is not necessary the commission of an offense
armed men are mere accomplices band members are all principals

Recidivism

Basis: greater perversity of the offender as shown by his indication to crimes

Recidivist: he 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 the RPC

Requisites of recidivism

1. the offender is in trial for an offense

2. the offender was previously convicted by final judgment of another crime

3. the offender is convicted of the new offense

4. both the first and the second offenses are embraced in the same title of the Code

Illustration

On March 15, 2007, Hilda was charged and tried with theft. Record shows that on May 6,
2006, she was convicted by final judgment of robbery although she was not arrested.

Hilda is a recidivist because at the time of her trial for theft, she was convicted by final
judgment of robbery. Theft and robbery are embraced in the same title, crimes against
property, in the RPC.

Reiteracion or habituality

Basis: greater perversity of the offender as shown by his indication to crimes

Reiteracion or habituality: the accused, at the time of his trial for an offense, had
previously served a sentence for an offense to which the law attaches an equal or greater
penalty than that attached by law to the second offense, or for two or more offenses, in
which the law attaches a lighter penalty

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Requisites of reiteracion or habituality

1. the accused is on trial for an offense

2. the accused has previously served sentence (a) for another crime (first offense)
to which the law attaches equal or greater penalty or (b) for two or more crimes
to which it attaches a lighter penalty than that for the new offense

3. the accused is convicted of the new offense

Reiteracion vs. Recidivism

Reiteracion
it is necessary that the offender shall have
served out his sentence for the first
sentence
the previous and subsequent offenses
must not be embraced in the same title of
the Code
Recidivism
it is enough that a final judgment has been
rendered in the first offense
requires that the offense be included in the
same title of the Code

Illustrations

1. In 1985, Xander served out a penalty for homicide. In 2007, he was charged with
homicide.

There is reiteracion because at the time of his trial for homicide in 2007, Xander
was previously punished for an offense to which the law attaches a penalty equal
to the penalty imposable for the present offense.

2. In 1980, Olan served out a penalty for rape. In March 2007, he was charged with
acts of lasciviousness.

There is reiteracion because at the time of his trial for acts of lasciviousness in
2007, Olan previously served the penalty for rape which has a greater penalty
than the present offense.

3. In 1980 and 1990, Soledad suffered penalties for slight physical injuries and
attempted homicide respectively. In 2007, Soledad was charged with homicide.

There is reiteracion because at the time of her trial for homicide in 2007, Soledad
previously served the penalties for two offenses which carry lighter penalties than
the offense of homicide.

Four kinds of repetition

1. Recidivism: it takes place when at the time of his trial for an offense, the accused
shall have been convicted by final judgment of a crime embraced in the same title
of the RPC

2. Quasi-recidivism: it takes place when a person, before serving sentence or

while serving sentence, shall commit another felony

3. Habitual delinquency: this occurs when within a period of ten years from the
date of conviction or last release of a person for any crime of serious physical
injuries, less serious physical injuries, theft, robbery, estafa, or falsification, he is
found guilty the third time or oftener

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4. Reiteracion or habituality: the accused, at the time of his trial for an offense,
had previously served a sentence for an offense to which the law attaches an
equal or greater penalty than that attached by law to the second offense, or for
two or more offenses, in which the law attaches a lighter penalty

In consideration of a price, reward, or promise

Basis: greater perversity of the offender as shown by the motivating power itself

To consider this circumstance, the price, reward, or promise must be the primary reason
or primordial motive for the commission of the crime.

This aggravating circumstance affects not only the person who gave the price or reward
but also the person who received it.

Illustrations

1. Fernando agreed to kill Gilbert in consideration of ₱500,000.00 from Hernan.

2. Marina induced Napoleon to kill Orlando. Marina promised to marry Napoleon if

the latter can do the act. Napoleon thus killed Orlando because of that
consideration. Both Marina and Napoleon are liable for murder because of the
qualifying aggravating circumstance of promise.

By means of fire, inundation, poison, explosion, stranding of a vessel or

international damage thereto, by the use of any other artifice involving great waste
and ruin, or derailment of a locomotive

Basis: greater perversity of the offender as shown by the means and ways employed

Note: When another aggravating circumstance already qualifies the crime, any of these
aggravating circumstances shall be considered as a generic aggravating circumstance
only.

Inundation: the use of water or causing the water to flood in the commission of the crime

Evident premeditation

Basis: greater perversity of the offender as shown by the ways of committing the crime
because evident premeditation implies deliberate planning of the act before executing it

Requisites of evident premeditation

1. the time when the offender determined to commit the crime

2. an act manifestly indicating that the offender clung to his determination

3. sufficient lapse of time between the determination and execution of the crime, to
allow him to reflect upon the consequences of his act and to allow his conscience
to overcome the resolution of his act

Where inherent: robbery, theft, estafa

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Illustration

In the course of their altercation at around eight o’clock in the morning of March 14,
Joseph shouted at Kolyn, “I will kill you! You will not last this day!” At around eleven o’clock
of that same morning, Joseph was seen sharpening his bolo. At two o’clock in the
afternoon of that day, Joseph hacked Kolyn to death.

Joseph is liable for murder. The three elements of evident premeditation are present in
the instant case.

Craft, fraud, or disguise

Basis: greater perversity of the offender as shown by the means employed in the
commission of the crime

Craft (astucia): involves the use of intellectual trickery or cunning on the part of the
accused to aid in the execution of the criminal design

Fraud (fraude): insidious words or machinations used to induce the victim to act in a
manner which would enable the offender to carry out his design

Disguise (disfraz): resorting to any design to conceal identity

Where inherent: fraud is inherent in estafa

Illustrations

1. Craft was present when Raymart asked permission from his employer, Sylvia, to
go home to Pangasinan at 4:00 P.M. on the day of the felony was committed but
went back at 10:00 P.M. pretending that he has failed to take a ride to
Pangasinan. Sylvia, unsuspecting of the plans of Raymart, opened the door, and
thereafter, Raymart and his cohorts perpetrated robbery with homicide.

2. There is fraud when Tomas took his stepdaughter away and told her that she was
to be taken to the house of her godmother but instead she was taken to another
house where she was raped.

3. Disguise is present when Uno used a mark in order to conceal his identity when
he perpetrated robbery.

Advantage be taken of superior or strength or means be employed to weaken the

defense

Basis: greater perversity of the offender as shown by his greater criminal perversity

Advantage be taken of superior strength: to deliberately use excessive force that is

out of proportion to the means of self-defense available to the person attacked

For abuse of superior strength, the test is the relative strength of the offender and his
victim, and not whether or not he took advantage of his greater strength.

Means be employed to weaken defense: the offender employs means that materially
weakens the resisting power of the offended party

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Illustrations

1. Where one, struggling with another, suddenly throws a cloak over the head of his
opponent and while in this situation, he wounds and kills him.

2. One who, while fighting with another, suddenly casts sand or dirt upon the latter’s
eyes and then wounds and kills him.

3. Offender made the victim intoxicated in order to kill him.

Treachery

Basis: greater perversity of the offender as shown by the means and ways employed in
the commission of the crime

Treachery (alevosia): it is present when the offender commits any of the crimes against
persons, 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

Requisites of treachery

1. at the time of the attack, the victim was not in a position to defend himself

2. the offender consciously adopted the particular means, method, or form of attack
employed by him

Rules regarding treachery

1. applicable only to crimes against persons

2. means, methods, or forms need insure the accomplishment of crime

3. the mode of attack must be consciously adopted

Treachery absorbs the following aggravating circumstances: craft, abuse of superior

strength, nighttime, aid of armed men, by a band, employing means to weaken the
defense

Ignominy

Basis: greater perversity of the offender as shown by the means employed

Ignominy: it is a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime

The means employed or the circumstances brought about must tend to make the effects
of the crime more humiliating to the victim or to put the offended party to shame, or add
to his moral suffering.

Where inherent: libel, acts of lasciviousness

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Prepared by: Atty. Shally Mae P. Villa, RPm

Illustrations

1. Ordering the victim to exhibit to the offenders her complete nakedness for about
ten minutes before raping her brought about a circumstance which tended to
make the effects of the crime more humiliating.

2. When the accused used not only the missionary position but also the same
position as dogs do.

Unlawful entry

Basis: greater perversity of the offender as shown by the means and ways employed to
commit the crime

Where inherent: robbery with the use of force upon things, trespass to dwelling, violation
of domicile, evasion of service of sentence

Wall, roof, door, or window be broken

Basis: greater perversity of the offender as shown by the means and ways employed to
commit the crime

This circumstance is aggravating only in those cases where the offender resorted to any
of said means to enter the house. The breaking of any of these parts of a house or building
must be for the commission of the crime.

With the aid of persons under 15 years of age; or by means of motor vehicles,
airships, or similar means

Basis: greater perversity of the offender as shown by the means and ways employed to
commit the crime

Use of motor vehicle is aggravating where the accused purposely and deliberately used
the motor vehicle in going to the place of the crime, carrying away the effects thereof, or
in facilitating their escape.

Cruelty

Basis: greater perversity of the offender as shown by the ways employed to commit the
crime

Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the consummation of the criminal act

Requisites of cruelty

1. the injury caused be deliberately increased by causing other wrong

2. the other wrong be unnecessary for the execution of the purpose of the offender

Cruelty requires deliberate prolongation of the physical suffering of the victim.

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 Criminal Law Book I (CLAW 3)
Prepared by: Atty. Shally Mae P. Villa, RPm

Illustration

Gagging the mouth of a 4-year-old child and dumping him into a bus covered with socks
causing suffocation and death of the child is cruelty.

R.A. No. 9165 (Comprehensive Dangerous Drugs Act)

When a crime is committed by an offender who is under the influence of dangerous drugs,
such state shall be considered as a qualifying aggravating circumstance.

P.D. No. 1866, as amended by R.A. No. 8294 (Illegal/Unlawful Possession of

Firearms)

If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.

When a person commits any crime under the RPC or special laws with the use of
explosives, including but not limited to pillbox, molotov cocktail bombs, denotation agents,
or incendiary devices resulting in the death of a person, the same is aggravating.

R.A. No. 7659

The maximum penalty shall be imposed if the offense was committed by any person who
belongs to an organized/syndicated crime group.

Syndicate: refers to a group of two or more persons collaborating, confederating, or

mutually aiding one another for the purpose of gain in the commission of any crime

R.A. No. 10883 (New Anti-Carnapping Act)

The penalty of life imprisonment to death shall be imposed if the owner, driver, or
passenger of a carnapped vehicle is killed or raped.

References:

Campanilla, M.B., The Revised Penal Code Book One (Articles 1 to 113) (2021)

Estrada, A., Criminal Law Book I of the Revised Penal Code Made Easy for Students, Bar
Examinees & Practitioners (2008)

San Beda Law, Criminal Law Memory Aid (2018)

The Revised Penal Code of the Philippines

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