Aggravating circumstances

• Those which it attendant in the commission of the

offense, would serve to increase the penalty.
Note: In criminal cases, exemplary damages are imposed on the offender
as part of the civil liability when the crime was committed with one or
more aggravating circumstance. Also know as “punitive “ or “vindictive”
damages, exemplary or corrective damages are intended to serve as a
deterrent to serious wrongdoings, and as a vindication to undue
sufferings and wanton invasion of the rights of an injured or punishment
for those guilty of outrageous conduct. Exemplary damages may be
awarded only when one or more aggravating circumstances are alleged in
information and proved during the trial.
 Example
Example of aggravating
of aggravating circumstance
circumstances

Long (COMPLETE) version short version

1. That advantage be taken by the : Taking advantage of public position

offender of this public position.

: In contempt or insult of authorities

2. That the crime be committed in
contempt or with insult to the public.
• 3. That the act be committed with insult : Disregard of rank, age or sex
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 : Abuseof confidence or obvious
latter has not given provocation. ungratefulness
• 4. That the act be committed with abuse
of confidence or obvious ungratefulness. : In presence of president, or place
• 5. That the crime be committed in the dedicated to religious worship, or
palace of the Chief Executive or in his place where authorities do their
duties
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 : Nightime, uninhabited place, band
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 : Calamity or misfortune
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
aid of armed men or persons who
insure or afford impunity.

• 9. That the accused is a recidivist. : Recidivism

• 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 : Reiteraction or habituality
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. : Price reward or promise
• 11. That the crime be committed in
consideration of a price, reward, or
promise. : Inundation, fire, poison, etc…
• 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.
• 13. That the act be committed with : Evident premeditation

evidence premeditation.

: Craft, fraud or disguise

• 14. That craft, fraud or disguise be
employed.
: Advantage of superior strength or
• 15. That advantage be taken of means to weaken the defense
superior strength, or means be
employed to weaken the defense.
• 16. That the act be committed with : Treachery
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. : Ignominy

• 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
unlawful entry. There is an unlawful entry
when an entrance is effected by a way not
intended for the purpose.
: Broken wall, roof, floor, etc..
• 19. That as a means to the commission of a
crime a wall, roof, floor, door, or window be
broken.
: Aid or persons under 15 years old or use
motor vehivle
• 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 : Cruelty
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.
ADVANTAGE OF PUBLIC POSITION
- An aggravating circumstance that has the effect of imposing penalty
for the crime committed in its maximum period regardless of mitigating
circumstance. In order that this aggravating circumstance to exist it is
necessary that the person committing the crime be a public official and
that he use the influence, prestige or ascendency which such office
gives him as the means by which he realizes hin purpose. The essence
of the matter is presented in the inquiry, “Did the accused abuse his
office in order to commit the crime?”
• INSULT OR DISRESPECT OF THE RANK, AGE OR SEX
- This aggravating circumstance is applicable only in crimes agiants
honor or person

CRIME COMMITTED IN THE DWELLING OF THE OFFENDED PARTY

- A person who commits a crime in the house of the victims shows
greater perversity than another who commits a crime elsewhere.

- DWELLING IS NOT AGGRAVATING IN THE FOLLOWING:

1. If the offender party has given provocation.
2. Both the offender and victims are occupants of the same
house;
3. In robbery with force upon things since it is inherent.