ARTICLE 14.

Aggravating Circumstances – Video 6 and 7

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 of or with insult to the public authorities.

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

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 nighttime, 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 for 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 intentional damage thereto, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.

13. That the act be committed with evident 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.

DISCUSSION:

MITIGATING VS AGGRAVATING CIRCUMSTANCES (exact opposite of each other)

o Mitigating – Affect criminal liability (LESSENS CRIMINAL LIABILITY), less perverse

o Aggravating – Affect criminal liability (INCREASES CRIMINAL LIABILITY), more perverse

KINDS OF AGGRAVATING CIRCUMSTANCES

o GENERIC
o QUALIFYING
o SPECIAL
o INHERENT

GENERIC AGGRAVATING

o It applies to all crimes.

o Can be offset by the existence of an ordinary mitigating circumstance (cancel each
other)
o Increase the penalty to the MAXIMUUM PERIOD of the penalty prescribed by law

QUALIFYING AGGRAVATING

o They are made to be qualifying by specific provision of law

o Qualifying circumstances CAN NOT be offset by any mitigating circumstance
 o If it is a qualifying circumstance, it changes the nature of the crime and the designation
of the offense (they are heavier than generic)
o For qualifying circumstances they must always be alleged in the information
o Must be proven as conclusively as the guilt of the offender because of its effect which is
to change the nature of the offense and consequently increase the penalty BY DEGREES.
o Example: homicide to murder, if there is treachery

SPECIAL (OR SPECIFIC) AGGRAVATING

o Apply only to a specific or particular felony.

o Applicable to those specific crimes. They do not change the character of the offense but
it guides the court in imposing the proper penalty.

INHERENT AGGRAVATING

o It is already an element of the felony committed that’s why it is no longer considered

against the offender in the determination of the penalty
o Those that must accompany the commission of the crime and is therefore not
considered in increasing the penalty to be imposed (Ex: evident premeditation in theft
and robbery)

NATURE OF AGGRAVATING CIRCUMSTANCES IDENTIFIED IN ART. 14

o They are generic, although some are qualifying in particular crimes made so by specific
provision of the code (ex: treachery is qualifying for murder because Art 248 made it so,
but generic in Parricide under Art 246 or less serious physical injuries under Art 265)
o If the crime defines it as a qualifying circumstance then it will be a qualifying
circumstance
o If the law is silent, then it is generic
o Under the Revised Rules of Criminal Procedures, the aggravating circumstances
irregardless if it is generic, etc, (just like qualifying circumstance) must be alleged in the
Information (Section 09, Rule 110)
o How many circumstances are required to be used as a qualifying circumstance? Only
ONE qualifying circumstance is allowed. If there are two qualifying circumstance present
in that case, the second qualifying circumstance will be considered as a GENERIC
circumstance
o CONSPIRACY is not an aggravating circumstance

1. ABUSE OF PUBLIC POSITION

o Test: Did the accused abuse his office in order to commit the crime? If he did then this
aggravating circumstance is present
o He must use the influence, prestige, ascendancy of his office
2. INSULT TO THE PUBLIC AUTHORITIES

o It covers not only persons in authority but also agents of persons in authority and other
public officers
o Mayor, brgy captain, brgy tanod, public school teacher, health officers, agent of BIR, etc
o Requisites:
o Public authority is engaged in the discharged of his duty

3. INSULT OR DISREGARD DUE TO THE OFFENDED PARTY’S AGE, SEX, RANK,

DWELLING

o Shows disrespect due to the offended

o There must be a proof that the offender deliberately offend or insult the offended for it
to be considered an aggravating circumstance
o Rationale: those of generally considered in high station in life on account of their rank,
age, or sex deserve to be respected. Therefore when there is a difference in social
condition between the offender and the offended party any of these circumstances is
present
o Example of rank aggravated the crime: staff sargeant killed by his corporal
o To be appreciated, the accused deliberately intended to act with insult or disregard of
the respect due to the victim on account of his rank. There must be a disrespect to his
rank.
o Dwelling includes dependencies, staircase and enclosures under the house. It is not
necessary that the house is owned by the offended. It may include a room, in a boarding
house, for home is that which the law seeks to protect or uphold whether the dweller is
a lessee, boarder or bed spacer (ownership is not a requirement).
o A dwelling must be a building or structure that is exclusively be used for rest and
comfort (office is not considered a dwelling or combination of rest and office)
o There must be lack of provocation for dwelling to be appreciated
o For circumstance of dwelling to be considered, it is not necessary that the accused
should have entered the dwelling of the victim to commit the offense. It is enough that
the victim was attacked inside his own house.
o The point of contention is that you take a look if the victim is inside his dwelling, it
doesn’t matter if the perpetrator is inside the dwelling or not
o Dwelling is not an aggravating if the offended party has given provocation or both the
offender or offended live in the same dwelling

4. ABUSE OF CONFIDENCE

o Requisites:
 That the offended had trusted the offender
 That the offender abused such trust
 That such abuse of confidence facilitated the commission of the crime
o The confidence must be a means of facilitating the commission of crime, the culprit
taking advantage of offended party’s belief that former would not abuse said confidence

5. PALACE OF THE CHIEF EXECUTIVE

o Crime be committed in the palace of chief executive or his presence

o Where public authorities are engaged in the discharge of their duties
 o Or in a place dedicated to religious worship

6. NOCTURNITY OR NIGHT TIME, BAND

o Nocturnity by in itself is not an aggravating circumstance. It only becomes aggravating

only when it is specially sought by the offender or taken advantage by him to facilitate
the commission of the crime or to ensure his immunity from capture.
o Requesites:
 Night time was specially sought for by the offender
 The offender took advantage of it
 It facilitated the commission of the crime by ensuring the immunity of the
offender from capture
 The place where the crime was committed was not illuminated

o Time period covered by nocturnity is from sunset to sunrise

o What factors that disallow nigh time as aggravating circumstance – when nigh time is
neither specially sought for by the offender
o Also, night time in Article 248 is one of those generic circumstances that cannot be
considered as a qualifying circumstance.

o UNINHABITED PLACE - is determined not solely by the distance of the nearest house to
the scene but also whether or not the place of commission of the offense there was
reasonable possibility of the victim receiving some help. The nature of the place is not
the only factor for as long as in that place there is less possibility of the victim receiving
help

o BAND – consist of more than 3 persons (4 or more). Armed malefactors or bad elements
not referring to the male gender at least 4 must be armed.

o That they shall attend together in the commission of an offense presupposing the
presence of conspiracy

o A good example of a BAND as a generic aggravating circumstance that can be

considered as a qualifying circumstance: In the crime of robbery, the circumstance of
band is therefore considered qualifying only in robbery punished by subdivisions 3,4 and
5 of Article 294. So if it falls under subdivisions 3, 4 and 5 of Art 294, it ceases to be
generic aggravating circumstance and it becomes a qualifying aggravating circumstance.
Why is the difference important? Because
 1) Only one qualifying circumstance can be considered and
 2) qualifying circumstances change the nature of the crime and
 3) If it is a qualifying circumstance, it increases the penalty by degree.

o On the other hand if it is only generic aggravating circumstance, it only imposes the
maximum penalty of the crime imposable
o When is BAND not appreciated? The trial court erred in finding the presence of
aggravating circumstance of band. The circumstance of crime was committed with the
use of a deadly weapon or by two or more persons was already taken into account
when the law impose by the penalty was reclusion perpetua
o When conspiracy is proven, can band be appreciated? YES, because in aggravating
circumstance of a band it presupposes that there is conspiracy
7. CALAMITY OR MISFORTUNE
o It refers to an event similar in nature as conflagration, shipwreck, earthquake or
epidemic (like covid 19)
o Cannot refer to acts of men, it must be acts of God
o Means of the commission of the crime (paragraph 14) vs refers to the occasion or
calamities (mentioned in paragraph 7) when the crime was committed

8. AID OF ARMED MEN

 Elements:
 That armed men or persons took part in the commission of the crime directly or
indirectly
 That the accused availed himself of the aid or relied upon them when the crime was
committed
 Difference between BAND vs AID OF ARMED MEN vs ORGANIZED CRIME SYNDICATE

BAND
 All the members are
principals
 In band, you presuppose
that there is a conspiracy.
 There must at least 4
armed men.
 The crimes are not
specified.
ORGANIZED CRIME
AID OF ARMED MEN
SYNDICATE
 The armed men are  In organized crime
merely aided by the syndicate there must at
principal offender least 2 members.
 They are considered as  The purpose is to commit
accomplices for gains
 The number of armed
men is not specified (so
even if there is only 1
armed men, it can be a
qualifying aggravating
circumstance of aid of
armed men)
 The crimes are not
specified

9. HABITUALITY / RECEDIVISM

o This is an ordinary aggravating circumstance

o Habitual delinquency in Paragraph 5 Article 62 and quasi recidivism in Article 160 of RPC
o Who is a recidivist? A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgement of another crime embraced in the
same title of this code
o Final judgement – if after 15 days from the date of judgement no appeal was taken
o What is the nature of recidivism? It is a generic aggravating circumstance
o There is no specific period from prior conviction to second conviction
o Recidivism can be appreciated even if the convict was given absolute pardon as pardon
extinguishes penalty but not the effects of the offense
o To prove recidivism it is necessary to allege the same in the information and attached
thereto certified true copy of the sentences rendered against the accused
10. REITERACION

o Reiteracion is a circumstance where 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.
o It does not require that the offense be covered under the same title of the code
o Differences:

RECIDIVISM
 Antecedent: there must be a previous
conviction by final judgement
 The offense is under the same title of the
code (ex: crime against person)
 PENALTY: There is no requirement as to
penalty imposed in the prior conviction
REITERACION
 Antecedent: there was service of
sentence
 It doesn’t have to be under the same title
 PENALTY: prior crime must have been
penalized with in an equal or greater
penalty two or more crimes with lighter
penalty

o HABITUAL DELINQUENCY – if, within a period of 10 years from the date of his released
of his last conviction he committed a crime of falsification, robbery , estafa, theft,
serious or less serious physical injuries and he is found guilty of the said crimes a third
time or more often (three separate convictions). The covered crime must be within 10
years from the second conviction. The 10th year period is counted from release when
convicted.
o This is a special aggravating circumstance since it is not included in Article 14.

RECIDIVISM HABITUAL DELINQUENCY

o Two convictions are enough
o Offense must belong to the same title
o PROSCRIPTION: No proscription
o NATURE: Generic aggravating
o PENALTY: It increases to the maximum
period
o Three convictions is required
o Only for falsification, robbery, estafa,
theft, serious and less serious physical
injuries
o PROSCRIPTION: 10 year period
o NATURE: special circumstance therefore it
cannot be offset with mitigating
circumstance
o PENALTY: entails an additional penalty

o QUASI-RECIDIVISM
 If the offender has been previously convicted by final judgement and before
beginning to serve such sentence or while serving the same he committed a
felony.
 This is a special aggravating circumstance which must be alleged in the
information.
 The circumstance will be appreciated in addition to the circumstance of habitual
delinquency because of the opening phrase besides the provisions of Rule 5 of
Article 62.
 The new crime committed before during service of sentence must be a felony.
 The felony need not be similar as to the felony to be served or is being served
11. PRICE, REWARD, PROMISE

o When can this be appreciated? There must be 2 or more principals. At the very least,
they are: the one who gives or offers the price or reward and the one who accepts it
o Will not exist if only one party
o You need to produce evidence that one of the accused used money or valuable
consideration for the purposes of inducing another to perform the deed
o Does it have to be money? Price, reward or promise need be a material thing, for as long
as there is a valuable consideration, and these are actually delivered.
o It is sufficient that the offer made by the principal by inducement that was accepted by
the principal by direct participation before the commission of the offense.
o Do you need to prove that there was actual delivery? NO, for as long as you can prove
that the offer was made by the principal by inducement and that the principal by direct
participation actually accepted the offer of price, reward or promise

12. INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL, ARTIFICE

INVOLVING GREAT WASTE AND RUIN

o Unless use by the offender as a means to accomplish a criminal purpose, any of the
circumstance under paragraph 12 cannot be considered to increase the penalty or to
change the nature of the offense.
o If there’s already another aggravating circumstance that qualifies the crime, any of
these aggravating circumstances shall be considered as a generic aggravating
circumstance
o Fire is not an aggravating circumstance if the crime is arson

13. EVIDENCE PREMEDITATION

o Requisites for it to be considered premeditated (or planned in advance):

 That at the time when the offender determine to commit the crime
 An act manifestly indicating that the culprit has clung to his
determination
 A sufficient lapse of time between the determination and execution to
allow him to reflect upon the consequences of his act and to allow his
conscience to overcome the resolution of his will

o There must be deliberate planning of the act before executing it

o The interval of time from the time you premeditated and the time of actual execution -
no hard and fast rule, all you need to know if the time is long enough for the conscience
and better judgement to overcome the evil desires and scheme
o Must be based on external facts and must be evident. Not a mere suspected planning
o The date and time the offender commit the crime is essential
o The lapse of time is required
o Evident premeditation is always INHERENT in robbery, adultery, estafa, and falsification.
However it may be aggravating in robbery with homicide if the premeditation included
the killing the victim.

14. CRAFT, FRAUD OR DISGUISE

 o This involves intellectual trickery and cunning on the part of the accused
o It is employed as a scheme in the execution of the crime
o Fraud – insidious words or machinations, used to induce the victim to act in the manner
which you would enable the offender to carry out his design
o Craft – craft and fraud may be absorbed in treachery if they have been deliberately
adopted as the means, methods and form for the treacherous strategy or they may co-
exist independently where they are adopted for different purposes in the commission of
the crime
o Fraud vs Craft:

FRAUD
o There is direct inducement by
insidious words or by machinations
CRAFT
o The act of the accused was done in
order not to arouse suspicion
o Involves intellectual trickery and
cunning in the part of the offender

o Disguise – resort to any device to conceal identity

o Test of Disguise:
o Whether the device or contrivance resorted to by the offender was intended to
or did make the identification more difficult such as the use mask, false hair, or
beard. But inspite the use of disguise if the culprits were recognized by the
victim, disguise cannot be considered as aggravating.
o Disguise use should actually work.

15. SUPERIOR STRENGTH

o Requisites:
o You purposely use excessive force
o Out of proportion to the defense available to the person attacked

o With respect to superiority – it means the aggressor’s sex, built, weapon, or the number
of aggressors, as compared to that of the victim
o There is no advantage of superior strength when one who attacks is overcome with
passion and obfuscation, also when the quarrel arose unexpectedly and the fatal blow
was struck while the victim and the accused were struggling.
o Superiority vs Band

SUPERIORITY BAND
o What is taken into account is not the You take into consideration the number of
number of aggressors, nor the fact persons who committed the crime
that they are armed, it is the relative
physical might versus the offended
party

o Means employed to weaken the defense, take note that it is applicable only to crimes
against persons (generally available), and sometime in persons and property such as
robbery with physical injury or homicide. The means used must not totally eliminate
possible defense of the victim, otherwise it will be considered treachery.
 o There is still the possibility of defense on the part of the victim (not totally eliminated
but significantly reduced)
o There must be evidence of notorious inequality of forces between the offender and the
offended party in their age, size and strength and that the offender took advantage of
such superior strength in the commission of the crime. The mere fact that there were
two persons to attack the victim does not automatically per se constitute abuse of
superior strength
o It is not the number we are looking at, it is the fact that they are more superior, and the
chance of defense of the victim is significantly reduced.
o Disparity of age between the assailant and the victim indicates there is a physical
superiority
o Not just because the victim was able to fight back using items available to her doesn’t
mean the qualifying circumstance of superior strength is already negated.

16. TREACHERY (ALEVOSIA)

o If you absolutely eliminate possibly the defense, that is treachery

o There is treachery when the offender commit any crimes against the person employing
means and 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.

o Requisites:
 Employment of means of execution that gave the person attacked no
opportunity to defend himself or retaliate on the part of the victim
 That the offender consciously adopted the particular means, method,
form of attack employed by him.

o If the offended party was able to put up a defense even only a token one, there is no
treachery (that can be superior strength)
o Treachery is applicable only to crimes against person
o Means methods forms need to ensure the accomplishment or consummation of the
crime. The treacherous character of the means employed in the aggression does not
depend upon the result, but upon the means itself, thus a frustrated murder can be
aggravated by treachery
o Treachery is never presumed. The suddenness of the attack does not of itself suffice to
support a finding of treachery even if the purpose is to kill so long the decision was
made all of a sudden. Treachery must be proven beyond reasonable doubt.
o Example: when the victim is asleep, victim is grappling, victim is being held, attack from
behind
o If the aggression is continuous, treachery must be present at the beginning of the
assault
o When the assault was not continuous, and that there was interruption, it is sufficient
that treachery be present at the moment the fatal blow was given.
o Suddenness of the attack does not constitute treachery
o There is treachery even if the victim was forewarned of the danger to his person
o Deciding factor: the kind of attack at that moment when the fatal blow was delivered
made it impossible for the victim to defend himself
o If treachery is present (it is higher than superior strength), you can no longer appreciate
the generic aggravating circumstance of abuse of superior strength, use of means to
weaken the defense, aid of armed men, night time, craft, by a band (will be considered
absorbed).
17. IGNOMINY

o Equate ignominy with cruelty (too much)

o It is a circumstance pertaining to the moral order which adds disgrace to the material
injury caused by the crime
o The means employed are the circumstances brought about must tend to make the
effects of a crime more humiliating or to put the offended party to shame.
o These are applicable to crimes against chastity, rape, less serious physical injury, light or
grave coercion and murder (EXAMPLE: RAPING woman from behind)
o For ignominy to be appreciated, it is required that the offense be committed in a
manner that makes it more humiliating
o The circumstance of ignominy must be established, otherwise it cannot be considered as
ignominy

18. UNLAWFUL ENTRY

o There is an unlawful entry when an entrance of a crime, wall, roof, floor, door or
window, be broken
o Unlawful entry must be a means to effect entrance and not for escape
o There is no unlawful entry when the door is broken, and thereafter the accused had
made an entry through the broken door. The breaking of door is covered by paragraph
19.
o Unlawful entry is inherent in the crime of trespass, robbery with force upon things, but
if robbery with intimidation of persons it can be considered as aggravating
circumstance

20. UNDER 15 YEARS OLD, MEANS OF MOTOR VEHICLES, MOTORIZED

WATERCRAFTS, AIRSHIPS (as amended by RA 5438)

o Under 15 years of age

o Riding in tandems then commit a crime

21. WRONG DONE IN THE COMMISSION OF CRIME BE DELIBERATELY

AUGMENTED BY CAUSING OTHER WRONG NOT NECESSARU FOR ITS
COMMISSION

o Causing other wrongs not necessary for its commission

o This is CRUELTY
o Relatively similar to Paragraph 17 – Ignominy
o Requisites:
 That the injury cause be deliberately increased by causing another wrong
 That the other wrong be unnecessary for the execution of the purpose of
the offender. For it to exist, the accused enjoyed and delighted in making
his victim suffer (example: mutilation of a dead body, you are outraging
his corpse)
o Ignominy vs Cruelty:

IGNOMINY CRUELTY
 Shocking to the moral conscience of  It is a physical act
man  Refers to physical suffering of the
 Refers to the moral effect of the victim
crime and it pertains to the moral
order

o The circumstance of cruelty may not be considered if there is no showing he was burned
while he is still alive.
o For cruelty to exist, there must be proof showing that the accused delighted in making
the victims suffer slowly