WHICH

AGGARVATE
CRIMINAL
LIABILTY
 ARTICLE 14. AGGRAVATING
CIRCUMTANCES.
1. That the 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 acts be committed with the insult or in disregard
of the respect due the offended party of 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 acts be committed with abuse of confidence or
obvious ungratefulness.
5. That the acts be committed in the place 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 an
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the offense.
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.
10. That the offender has been previously punished for an
offense to which the law attaches an equal or greater penalty
or 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 waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise is employed.
15. That the advantage be taken of superior strength, or means
be employed to weaken the defense.
16. That the act be committed with treachery.
17. That the means be employed or circumstances brought
about which add ignominy to the natural effects of the acts.
18. That the crime be committed after an unlawful entry.
19. That as a means to the commission of the crime; a wall, a
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 vehicle, 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.

DEFINITION:
These are circumstances which raise the penalty for a
crime without exceeding the maximum penalty applicable
to that crime.
BASIS:
The greater perversity of the offender as shown by;
1.The motivating power behind the act;
2.The place where the act was committed;
3.The means and ways used;
4.The time;
5.The personal circumstances of the offender; and
6.The personal circumstances of the victim.
KINDS:
a.Generic Aggravating Circumstances – are those which are generally
applicable to all crimes.
b. Specific Aggravating Circumstances – are those which are made to
apply only to specific crimes.
c.Qualifying Aggravating Circumstances – are those that change the
nature of the crime.
d. Inherent Aggravating Circumstances – are those which is necessarily
accompany the commission of the crime. These are circumstances which
by the nature of the crime committed becomes specific element thereof.
 DISTINCTION BETWEEN QUALIFYING
AND AGGRAVATING CIRCUMTANCES
QUALIFYING GENERIC
AGGRAVATING AGGRAVATING
CIRCUMSTANCES CIRCUMSTANCES
Provides the proper and exclusive name and Increase penalty to the maximum, without
provides no other penalty to the offender exceeding limit prescribed by law.
other than those which is specifically
prescribed by law.
Cannot be offset by any Mitigating May be offset by any Mitigating
Circumstances. Circumstances.

Must be alleged in the information. Integral Need be alleged. May be proved over the
part of the offense. objection of the defense. Qualifying
Circumstance if not alleged in the
Inherent Aggravating circumstances does not have the
effect of increasing penalty:
1. Those which if present in the commission of the crime constitute
with the specific crime provided by law or which are included in the
law defining a crime and prescribing the penalty thereof.
Example:
Breaking a window to get inside the house and rob it.
2. Those which if present in the commission of the crime must
inherently accompany in the commission thereof.
Example:
Evident premeditation is inherent in adultery and concubinage.
PARAGRAPH 1.
Requisites:
a.That the offender is a public officer.
b.The commission of the crime would not have been possible
without the powers, resources and influence of the office he holds.
Example:
U, a police officer, arrested X, a lady sidewalk vendor for
selling her wares without necessary permit. U invited her to go with
him to the police station. Instead of going to the police station, U
brought the lady to a secluded place and there subsequently raped
her.
PARAGRAPH 2.
Requisites:
a. The offender knows that a public authority is present;
b.The public authority is engaged in the exercise of his functions;
c. The public authority is not victim of a crime; and
d.The public authority’s presence did not prevent the victim of the
crime.
Example:
A and B are quelling. The municipal mayor who passes by
attempts to stop them. Notwithstanding the intervention and the
presence of the mayor, A and B continued to quarrel until A succeed
in killing B.
PESRONS IN AUTHORITY – is one who is directly vested with jurisdiction, has the power to
govern and execute the laws.
Example:
1. Governor
2. Mayor
3. Barangay Captain
4. Councilors
The Rule is not applicable when the crime is committed in the presence of a mere agent of a
person in authority.

AGENT OF A PERSON IN AUTHORITY – is a subordinate public officer charged with

the maintenance of the public order and the protection of life and property.
Example:
1. Members of the Philippine National Police
2. Other law enforcement officers
PARAGRAPH 3.
 1. With insult or in disregard of the respect due to the offended party on account
of his (a) rank, (b) age, (c) sex or
2. That it be committed in the dwelling of the offended party, if he latter has not
given provocation.
Requisites OF DISREGARDED OF RANK, AGE, OR SEX.
1. Crime must be against the victim’s persons or his honor;
2. There is deliberate intent to offend or insult the respect due to the victim’s rank,
age or sex.
The aggravating circumstances or rank, age, and sex are applicable only in crimes
against persons, security or honor. It is not considered in crimes against property.
RANK- in its plain and ordinary meaning refers to the high social position or
standing.
 Example:
1. The killing of a judge because he was strict;
2. The killing of a staff sergeant by his corporal;
3. The killing of the assistant chief personnel transaction of the
Civil Service Commission by a clerk therein;
4. The murder by a pupil of his teacher.
Age – is manifestation of lack of respect due to age and applicable
in cases where the victim is of tender age as well as old age.
Sex – the aggravating circumstances applies only to the female sex
not to the male sex.
This is not applicable when:
1. The offender acted with passion and obfuscation;
2. There exists a relation between the offender and the victim;
3. The condition of being a woman is indispensable in the commission of the crime
(i.e. rape, parricide. Abductionor seduction.)
Requisites OF THE AGGRAVATING CIRCUMTANCES OF DWELLING.
1. The crime occurred in the dwelling of the victim;
2. No provocation on the part of the victim.
Requisites of provocation and all must concur;
1. Given by the owner of the dwelling;
2. Sufficient; and
3. Immediate to the commission of the crime.
 INSTANCES WHEREIN DWELLING IS NOT
AGGRAVATING:

a.If the offended party has not given provocation but if the
provocation is not immediate to the commission of the
crime, dwelling is aggravating.
b.If both the offended party and the offender are occupants of
the same house.
c.Although in robbery with force upon things, it is inherent, it
may be present if the robbery is committed with violence or
the victims are living in different rooms or apartments since
When it may be considered? When it may not be considered?
1. Although the offender fired the shot from 1. If the offended party has given
the outside the house, as long as his victim provocation.
was inside. 2. If both the offender and the offended party
2. even if the killing took place outside the are occupants of the same dwelling.
dwelling, so long as the commission began 3. In robbery with force upon things, it is
inside the dwelling. inherent.
3. When the adultery is committed in the
dwelling of the husband, even if it is also
the dwelling of the wife, it is till
aggravating because she and her paramour
committed a grave offense to the head of
the house.
4. In robbery with violence against the
persons, robbery with homicide,
abduction, or illegal detention.
PARAGRAPH 4.

That the act be committed with (1) abuse of confidence or (2)

obvious ungratefulness.

There are two independent aggravating circumstances in this

paragraph.
1. Abuse of confidence; or
2. Obvious ungratefulness
 REQUISITES OF ABUSE OF
CONFIDENCE
a) Offended party has trusted the offender;
b) Offender abused such trust;
c) Abuse of confidence facilitated the
commission of the crime.
REQUISITES OF OBVIOUS
UNGRATEFULNESS
a) Ungratefulness must be obvious, that is,
there must be something which the
offender owes the victim
(i.e. a debt of gratitude or utang na loob)
Note: Robbery or theft committed by a
visitor in the house of the offended party is
aggravated by obvious ungratefulness.

Abuse of confidence is inherent in:

1. Malversation
2. Qualified theft
3. Estafa by conversion
4. Misappropriation
5. Qualified seduction
PARAGRAPH 5.
Requisites OF THE AGGRAVATING CIRCUMTANCES OF
THE PUBLIC OFFICE

1. The crime occurred in the public office.

2. Public authorities are actually performing their public duties.

Note:
1. A polling precinct is a public office during Election Day.
2. The nature of public office should be taken into account, like a police station which is on duty 24
hors a day.
3. Place of the commission of the felony;
- Malacañang Palace; or
- A church
It is always aggravating when the crime is committed in these places, regardless of whether the State
official or church officials or functions are being held .
4. However, when it comes to other places where public authorities are engaged in the
discharge of their duties, there must be some performance of public functions.
5. It is required that the offender must have the intention to commit the crime when he enterd
the above stated places.

Application of paragraph 2 and 5 of Article 14

Paragraph 5 Paragraph 2
Committed in the presence of the Committed in contempt of Public
Chief Executive, in the Presidential Authority
Palace or a palace of worship
Public authorities are performing Same
their duties when the crime is
committed
When the crime is committed in the Outside the office (still performing
public office, the officer must be duty)
performing his duties, except in the
Presidential Palace
Public authority may be the offended Public Authority must not be the
party. offended party.
PARAGRAPH 6-A.
That the crime be committed (1) in the night time, or (2) in an uninhabited place (3) by a band, whenever such
circumstances facilitate the commission of the offense.
There are three independent aggravating circumstances in this paragraph:
1. Night time or Nocturnity;
2. Uninhabited Place; and
3. Band
When can these aggravating circumstances be considered?
1. Night time, Uninhabited Place or By a Band Aggravating are aggravating when:
a. It facilitated the commission of the crime.
b. It was specially sought for by the offender to insure the commission of the crime of the purpose or
impunity.
IMPUNITY- means to prevent the recognition of the accused or to secure him against detection or
punishment.
c. Commission of the crime must have begun and have been accomplished in the night time.
When do we consider night time?
2. NIGHT TIME – begins at the end of dusk and ending at dawn; from sunset to sunrise.
When do we consider uninhabited place?
3. UNINHABITED PLACE – when there are no houses at all; a place at a considerable
distance from town; where the houses are scattered at a great distance from each other.
Requisites:
a. The place facilitated the commission or omission of the crime.
b. Deliberately sought and not incidental to the commission or omission of the crime.
c. Taken advantage of for the purposes of impunity.
The point of consideration is whether or not in the place of commission of the offense,
there was reasonable possibility of the victim receiving some help.
When do we consider the commission of a crime 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.
Thus,
1. If one of the four armed malefactors is principal by inducement, they do not form a band because it
is undoubtedly connoted that he had no direct participation.
2. Band is inherent in brigandage and qualifying circumstances robbery committed by a band.
3. It is not considered in the crime of rape.
4. It has been applied in treason and in robbery with homicide .

PARAGRAPH 7.
Requisites:
a. Considered a crime is committed during calamity or misfortune.
1. Epidemic
2. Shipwreck
3. Epidemic
b. The offender took advantage of the state of confusion or chaotic condition from such misfortune.
Basis:
The greater perversity of the offender as shown by his inclination to commit crimes.
Requisites:
1. That the offender is on trial for an offense.
2. That he was previously convicted by final judgement of another crime.
3. That both the first and the second offense are embraced in the same title of the Revised Penal
Code.
4. That the offender is convicted of the new offense.
Note:
a. What is controlling is the time of the trial, not the time of the commission of the offense. At the
time of trial means from the arraignment until after is announced by the judge in open court.
b. This judgement becomes final:
1. After the lapse of a period for protecting an appeal.
2. When the sentence has been partially or totally satisfied or served.
3. Defendant has expressly waived in writing his right to appeal.
c. Example of crimes embraced in the same title of the Code.
1. Robbery and theft in Title 10, Book II of the RPC.
2. Homicide and Physical Injuries in Title 8 of the RPC.
d. Recidivism must be taken into account no matter how many years have intervened
between the first and the second felonies.

Review Question:
The accused was prosecuted and tried for theft, robbery and estafa. Judgements
were read on the same day. Is he a recidivist?
No, Because the judgement in any of the first two offenses was not yet final
when he was tries for the third offense.

e. Pardon does not obliterate the fact that the accused was a recidivist, but amnesty
extinguishes the penalty and its effects.
PARAGRAPH 8:Crime be committed with the aid of armed
men or persons who insure or afford impunity.

Requisites:
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 relied upon them when
the crime was committed.
EXCEPTIONS:
 When both the attacking party and the party attacked were equally armed.
 Not present when the accused as well as those who cooperated with him in the commission of the
crime acted under the same plan and the same purpose.
 Casual presence, or when the offender does not avail himself of any of their aid nor did not
knowingly count upon their assistance in the commission of the crime.
Basis:

WITH THE AID OF

ARMED MEN BY A BAND

• Present even one of the • Requires more than three (3)

offenders merely relied on their armed malefactors who all acted
aid. Actual aid is not necessary. together in the commission of
an offense.
PARAGRAPH 9: That the accused is a
Recidivist.
RECIDIVIST - is one who at the time of his trial for one crime, shall have been
previously convicted or by final judgement of another crime embraced in the
same title of the Revised Penal Code.
REQUISITES:
1. That the offender is on trial for an offense.
2. That he was previously convicted by final judgement of another crime.
3. That both the first and the second offense are embraced in the same title of the
Revised Penal Code.
4. That the Offender is convicted of the new offense.
PARAGRAPH 10.
1.Reiteracion or habitually – it is essential that the offender be
previously punished-that is, he has served a sentence.

REITERACION
Necessary that offender shall
have served out his sentence
for the first sentenced.
Previous and subsequent
offenses must not be embraced
in the same title of the Code.
Not always an aggravating
circumstances.
RECIDIVISM
Enough that the final
judgement has been rendered
in the first offense.
Same title
Always Aggravating.
2. FORMS OF REPETITON:
a. Recidivism
b. Reiteracion or Habitually
c. Multiple Recidivism or Habitual Deliquency
d. Quasi-Recidivism – Special aggravating circumstance.
HABITUAL DELINQUENCY – when a person within the period of 10 years
from the date of his release or last conviction of crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification is found guilty of any of
said crimes a third time or oftener.
QUASI- RECIDIVISM – any person who shall commit a felony after having
been convicted by final judgement, before beginning to serve such sentence, or
while serving the same, shall be punished by the maximum period of the penalty
prescribed by law for the new felony.
PARAGRAPH 11.
 Requisites:
1. At least 2 principles;
a. The principal by inducement.
b. The principal by direct participation.
Note: Applicable to both principal.
2. The price, reward, or promises should be previous to and in consideration of the commission of the
criminal.

PARAGRAPH 12.
ESSENCE OF PREMEDITATION:
The execution of criminal act must be preceded by cool thought and reflection upon
the resolution to carry out the criminal intent during the space of time sufficient to arrive
at a calm judgement.
Requisites:
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination;
3. A sufficient lapse of time between the determination and the execution to allow him to
reflect upon the consequences of his act and to allow his conscience to overcome the
resolution of his will.
PARAGRAPH 14.
CRAFT – involves intellectual trickery and cunning on the part of the accused.
FRAUD – involves insidious words or machinations used to induce victim to act in a
manner which would enable the offender to carry out his design.
DISGUISE - resorting to any device to conceal identity. The purpose of concealing identity
is must.
Requisites:
1. The offender must have actually taken advantage of craft, fraud, or disguise to
facilitate the commission of the crime.
PARAGRAPH 15.
1. Advantage be taken of superior strength: or
a. To purposely use excessive force out the proportion to the means of defense available to the
person attacked.
i. Superiority may arise from the perpetrator’s sex, weapon or number as compared to that of
the victim (e.g. accused attacked an unarmed girl with knife: 3 men stabbed to death a female
victim.)
ii. No advantage of superior strength when one who attacks is overcame with passion and
obfuscation or when quarrel arose unexpectedly and the fatal blow was struck while victim and
accused where struggling.
2. Means be employed to weaken the defense.
Requisites:
a. Means where purposely sought to weaken the defense of the victim to resist the assault;
b. The means used must not totally eliminate possible defense of the victim, otherwise, it will
fall under treachery.
Illustration:
A struggling with B suddenly throws a cloak over the head of his opponent and while in
said situation, he wounds or kills him.

PARAGRAPH 16.
TREACHERY – when the offender commits any of the crime 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
take.
Requisites:
1. That at the time of the attack, the victim was not in the position to defend himself;
2. That the offender consciously adopted the particular means, method or form of attack
employed by him.
Note:
a. Treachery cannot be considered when there is no evidence that the accused, prior to the
moment of the killing, resolved to commit the crime, or there is no proof that the death of the
victim was the result of meditation, calculation or reflection.
b. It does not exist if the accuse gave the deceased a chance to prepare of there was
warning given on that it was preceded by a heated argument.
c. There is always a treachery in the killing of the child.
d. Generally characterized by the deliberate and the sudden as well as an unexpected
attack on the victim from behind, without any warning and without giving the victim an
opportunity to defend himself.
e. Treachery may exist even if the attack is face-to-face as long the victim was not given
any chance to prepare defense.
f. Where there is conspiracy, treachery is considered against all the offenders.
 g. Treachery absorbs abuse of strength, aid of armed men, by a band and the means to
weaken the defense.
h. If the aggression is continuous, treachery must be present in the beginning to be
appreciated.
i. If the aggression is not continuous, there is a break in the aggression, it must be proven
that there is substantial interruption; and at the resumption, there is use of treachery.
TREACHERY ABUSE OF MEANS
SUPERIOR EMPLOYED TO
STRENGTH WEAKEN DEFENSE
Means, methods or forms Offender does not employ Means are employed but it
are employed by the means, methods and forms only materially weakens the
offender to make it of attack, he only takes resisting power of the
impossible or difficult for advantage of his superior offended party.
the offended party to put strength.
any sort of resistance.
PARAGRAPH 17.
 IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime.
Requisites:
1. Crimes must be against chastity, less serious physical injuries, light or grave coercion
and murder.
2. The circumstances made the crime more humiliating and shameful for the victim.
Note:
a. It tends to make the crime more humiliating.
b. Ignominy is not present where the victim was dead when such acts were committed
against his body or person.
Examples:
1. A embraced and kissed B, the offended party, not out of lust but out of anger in front of
many people.
2. B was raped successively in front of her husband by five men.
PARAGRAPH 18.
 UNLAWFUL ENTRY – exists when the entrance is effected by a way not intended for the
purpose, that is meant to effect entrance and not exit.
Note:
a. Inherent in trespass to dwelling, robbery with the force upon things, and robbery with
the violence or intimidation against persons.
b. The reason why it is aggravating is because one who acts, not respecting the walls
erected by men to guard their property and provide for their personal safety, shows greater
perversity, a greater audacity and hence, the law punishes him with more severity.
Example:
A in committing the crime of rape against B gained entrance to the victim’s through the
window.
PARAGRAPH 19.
Requisites:
1. A wall, roof, window, or door was broken;
2. They were broken to effect entrance.
Note:
a. Breaking is lawful in the following instances:
1. An officer in order to make an arrest may break open a door or window
of any building in which the person to be arrested is reasonably believed to be.
(Rule 113, Rules on Criminal Procedure)
2. An officer refused admittance may break open any door or window to
execute the search warrant or to liberate himself. (Rule 113, Rules on Criminal
Procedure)
3. Inherent in crime of robbery with use of force upon things.
PARAGRAPH 20.
(1) With the aid of persons under 15 years of age; or
Basis:
This is intended to repress, so far as possible, the frequent practice resorted to by
professional criminals to avail themselves of minors taking advantage of their responsibility
(remember that minors are given leniency when they commit crime.)
Example:
A instructed B, a 12 years old to climb the fence and once inside to open the gate for him
so that he may rob the house.
(2) By means of motor vehicles, airships or other similar means.
Basis:
To counteract the great facilities found by modern criminals in said means to commit
crime and flee and abscond once the same is committed. It is necessary that the motor vehicle
be an important tool to the consummation of the crime.
THANK YOU !
GODBLESS !!