Art.

14: AGGRAVATING
CIRCUMSTANCES

Sheina Marie C. Onrubia

Aggravating Circumstance

• A circumstance which, if present in the commission of a felony and not offset by any
ordinary mitigating circumstance, increases the penalty to be imposed upon the accused
to its maximum period

• Basis: Greater criminal perversity of the offender as shown by:

o Means employed
o Time, place, and occasion of the felony
o Material execution of the act o Moral attributes
o Private relations
o Other personal cause

• Must be proved by clear and conclusive evidence

• Must always be alleged in the complaint or information

Kinds
1. Generic – apply generally to all crimes

2. Specific – apply to particular crimes

3. Qualifying – changes the nature of the crime

4. Inherent – those that necessarily accompany the commission of the

crime

5. Special – arise under special conditions which increase the penalty to

the maximum period without exceeding the penalty prescribed by law