Art. 14: aggravating circumstances Flashcards
What are the aggravating circumstances?
- Advantage of public position
o 2. In contempt of or with insult to public authorities
o 3. With insult or disregard of rank, age, or sex, or in the dwelling of the offended party, if the latter did not provoke
o 4. Abuse of confidence or obvious ungratefulness
o 5. Committed in the palace of the Chief Executive, or in his presence, or where public authorities are discharging their duties, or in a place of religious worship
o 6. Nighttime, or in an uninhabited place, or by a band
o 7. Committed during a conflagration, shipwreck, earthquake, epidemic, or calamity
o 8. With aid of armed men or persons who insure/afford impunity
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o 9. Recidivism
o 10. Reiteracion
o 11. Price, reward, or promise
o 12. By means of inundation, fire, poison, explosion, stranding of a vessel, derailment of locomotive, use of any artifice involving waste and ruin
o 13. Evident premeditation
o 14. Craft, fraud, or disguise
o 15. Superior strength or means employed to weaken the defense
o 16. Treachery
o 17. Ignominy
o 18. Committed after unlawful entry
o 19. Committed after breaking through a wall, roof, floor, door, or window
o 20. With aid of persons under 15 years old, or motor vehicles
o 21. Cruelty
What is necessary for Aggravating Circumstances to be considered?
Aggravating circumstances must be alleged in the information
What are the types of aggravating circumstances?
- Generic
- Qualifying
- Special
- Inherent
What are Generic Circumstances
a. Apply generally to all crimes
b. Can be offset by ordinary mitigating circumstances
c. Increases penalty to maximum period
What are Qualifying Circumstances?
a. Cannot be offset by any mitigating circumstance
b. Changes nature of crime
c. Must be alleged in the Information as such new offense
d. No need to increase the penalty because the change in the crime itself has changed the penalty as well to a higher one
What are Inherent Aggravating Circumstances?
Those already integral to the crime and thus cannot aggravate the penalty
Give an example of a Special Aggravating Circumstance
Committed by an organized/syndicated group – impose maximum penalty if the offense was committed by any person belonging to an organized or syndicated crime group (2 or more persons collaborating or mutually helping one another for purposes of gain in the commission of the crime)
when is advantage of public position present?
When the public official uses the influence, prestige, and ascendancy of his office to realize the purpose.
What is the test of advantage of public position?
- Offense is in relation to his office
2. He cannot commit the offense without holding such public office
When does advantage of public position not apply?
Does not apply if the public position is a constituent element of the crime;
Two policemen were in the police car. They stopped and ordered a girl to enter the car. One policeman stole the watch and wallet of the girl. The policeman driving did not say anything. Both were held liable for robbery. Did the aggravating circumstance of taking advantage of public position apply even to the driver of the car?
Yes. He could have prevented the other policeman from robbing the siblings. But he did not. This was abuse of public position
Is the advantage of public position this a generic or special aggravating circumstance?
Special Aggravating The use of one’s public position in the commission of a crime is a special aggravating circumstance. (RA 7659, Sec. 23)
What are the requisites of contempt/insult of public authority?
- crime committed
- person in authority engaged in exercise of public position
- offender knew he was a person in authority
- victim is NOT a person in authority
A barangay captain was playing cards with some people. The accused shot him. Does contempt of public authority apply?
No. First, the person in authority must NOT be the victim per se, and second, he was not performing his duty at that time. He was playing cards.
What if the crime was only committed in the presence of an agent of a person in authority?
This contempt of public authority does not apply
Supposing a crime is committed in the presence of a professor while the latter was performing his duty?
This is not aggravated. A teacher or professor is only a person in authority under Art. 148 and 152 of the RPC (direct assault).
In the national penitentiary, sometimes the inmates feel bored and they kill each other. Is this aggravating?
Yes. Where the inmates killed another in the National Penitentiary, this was in contempt of public authority.
What is required for this aggravating circumstance insult to age, rank, sex to apply?
There must be deliberate intent to insult or show manifest disregard for the age, rank, sex. Not merely because the victim is a female or has a rank, this A.C. applies.
The accused was conversing with the barangay captain and the former killed the latter. May the A.C. of “rank” apply?
No. The mere fact that victim was a person with a rank, such as barangay captain does not necessarily mean it’s aggravating, absent evidence that the killing was deliberately intended to disregard or insult or threaten to insult the rank of the victim.
What are further considerations for circumstance of rank?
The charge must not include rank as an element. If the accused was charged with complex crime of direct assault of PIA with murder – then the AC cannot be appreciated because it is inherent
When is the A.C. of “sex” not applicable?
- If the accused acted with passion or obfuscation,
o 2. when there is an amorous relationship between the accused and the victim,
o 3. When there is a relationship of employer-employee,
o 4. When the sex of the victim is inherent in the crime
A 20-year-old man raped an 80-year-old woman. The victim was the teacher of the accused in grade 1. Key fact: victim was already retired! Does insult to rank apply?
Yes. The Fact that the offended party was already retired did not diminish the respect due her rank as his former teacher.
Do age rank and sex apply to crimes against property?
Not aggravating in crimes against property
Is insult to rank, age, sex absorbed by treachery?
No. The aggravating circumstances of age and sex cannot be absorbed by treachery. Treachery pertains to manner of commission. Insult to age, rank, sex refers to relationship
Does dwelling apply when both parties live in the same house?
Generally, it is not aggravating.
Victim was stay-in laundrywoman, but it was not her house. The killer was the houseboy, who also lived that house. The laundrywoman had her personal room, and the houseboy had his as well. Is dwelling aggravating?
Yes. Although the offender and offended lived in the same house, the crime is aggravated by dwelling, because the room was deemed a dwelling, notwithstanding being in the same house.
What is considered as dwelling?
Includes every dependency of the house and every integral part of the house. Includes staircase, enclosure under the house, and the terrace. To be considered as dwelling, it must be used exclusively for rest and comfort.
When does dwelling not apply?
If the victim gave sufficient provocation.
Does the offender have to actually enter the house?
No. The law does not require that the offender must also be in the house. The offender can shoot from outside the house and kill a person inside – it is still considered as dwelling,
Does dwelling apply in robbery?
Dwelling is aggravating in robbery with homicide or robbery with intimidation of persons.
However, in robbery with force upon things, dwelling is inherent in the crime.
A person dies inside a building burned on purpose. When is it homicide, and when is it arson?
Intent determines:
o 1. If the intent is to burn the house, then the burning is arson even if a person dies. Homicide is absorbed.
o 2. If the intent is to kill the person and the burning was the means employed to commit the crime, it is homicide.
o 3. If the intent is to kill the person, and the house is burned to cover up the crime, then it is homicide and arson as separate crimes. There is no special complex crime of homicide with arson.
What are the elements of abuse of confidence?
o 1. Offended party reposed trust and confidence to offender
o 2. Offender abused this trust and confidence
What must be the character of the confidence reposed?
The confidence must be IMMEDIATE AND PERSONAL such that it gives the accused some advantage and makes it easier to commit the crime.
What is committed in a place of worship? and distinguish
o 1. Committed in palace of Chief Executive
o 2. Committed in the presence of Chief Executive
o 3. Committed in place where public officers are discharging duties
o 4. Committed in place of worship
o Distinguish 1, 2, and 4 from 3:
For palace, presence of CE, and place of worship it is enough that the offense was committed in that place
For public officers in discharge of their duties, it is necessary that the performance of function is being done
How will this aggravating circumstance of place of worship (and the like) apply?
There must be intent from the outset to commit the crime inside the place of worship. Here, the accused did not intend to commit the crime inside the church (she did not expect the man to touch her thigh).
If all three are present (Nightime, Band, Uninhabited Place) , are these separate aggravating circumstances or only one?
o General rule: only one applies.
o Exception: These may be considered separate and distinct if their elements are distinctly perceived and can subsist independently of each other, revealing greater perversity.
What are the tests of night time?
Subjective test and Objective test
What is the Subjective Test?
when night time was sought purposely to commit the crime.
What is the Objective Test?
when nighttime facilitated the commission of the crime
What if the moon is shining brightly or there is a streetlamp illuminating the event?
Then nighttime is not appreciable
When is nighttime absorbed by treachery?
If it is part of the treacherous means to insure execution of the crime. Otherwise, it is separately appreciated.
What determines if the crime was committed in an uninhabited place (despoblado)?
It is not the distance, but the possibility or impossibility of immediate aid to be obtained. The more important consideration is if the commission of the crime makes it possible for the victim to receive aid.
When is there a band?
o More than three armed malefactors (at least four).
o Must all of them be armed?
What is the test for armament in Band?
Any weapon which, by reason of its intrinsic nature or purpose, is capable of inflicting serious or fatal injuries
What is the character of participation of the four malefactors in a Band?
The four armed persons contemplated in the law must be principals by direct participation for band to be considered. They must act together in the execution of the crime.
What is the characteristic of crime by a band?
Merely generic. (Ex. robbery with rape, robbery with homicide, physical injuries, etc.) This means that this can be offset by a generic MC.
When is crime by a band a qualifying circumstance, and not just a generic aggravating circumstance?
Only Article 294, pars. 3 to 5. This is robbery with violation against persons.
To what situations does this apply to calamity or misfortune?
Conflagration, shipwreck, earthquake, epidemic
o And other calamities and misfortunes
These must be similar to the abovementioned, so it cannot refer to “acts of men”
Requisites for aid of armed men?
o 1. Armed men or persons took part in the commission of the crime directly or indirectly
o 2. Accused availed himself of aid of such men or relied upon them when the crime was committed
What are the different forms of habituality?
o 1. Recidivism
o 2. Reiteracion
o 3. Habitual delinquency
o 4. Quasi-recidivism
Who is a recidivist?
o Elements: 1. During trial for one crime 2. Has been previously convicted 3. By final judgment 4. Of another crime under the same title in the RPC
Does Recidivism apply in case of pardon?
Still a recidivist because only the effects of the crime were extinguished by pardon, not the existence of the crime
What is the nature of recidivism?
Generic aggravating circumstance
What is reiteracion?
- The offender has previously been punished (has served sentence)
2. First offense must have had a greater or equal penalty;
3. Or two or more prior offenses with lighter penalty
Do they have to fall under the same title of the code in reiteracion?
No.
What is habitual delinquency?
Elements:
1. Within a period of 10 years from date of release or last conviction
2. For falsification, robbery, estafa, theft, serious or less serious physical injuries (FRETSeL)
3. Found guilty of said crimes a third time or oftener
What is the nature of habitual delinquency?
It is special aggravating circumstance, which imposes an additional penalty (not just increase) which escalates with the number of convictions. Thus there will be two penalties: for the crime and for the habitual delinquency.
Summarize Habitual Delinquency.
At least 2 convictions
The third conviction must be within 10 years from the second conviction. The 10 year period is counted from the date of release if he had been released when against convicted.
Can one be a recidivist and a habitual offender at the same time?
Yes, if he is convicted a third time for crimes of estafa, robbery, or theft which are within Title X of the RPC, or for serious and less serious physical injuries which are both within Title VIII of the RPC.
What is quasi-recividism?
o Elements:
1. Offender previously convicted by final judgment
2. Before beginning to serve such sentence, or while serving it, he commits a felony
What is the nature of quasi-recidivism?
Cannot be offset by ordinary mitigating circumstances
What is the Effect of Quasi-Recidivism
Penalize convict with maximum period for the new felony committed
When does this aggravating circumstance of price, reward or promse apply?
But the inducement MUST be the primary consideration by the principal by direct participation.
If the offer to commit a crime is accepted, does the AC apply to both offeror and offeree?
YES. Both of them
Under RA 8294, when does the use of unlawfully manufactured, acquired, or possessed explosives aggravate?
If used to commit ANY of the crimes in the RPC and it results to injury or death of any person, it is an aggravating circumstance
What are the elements of evident premeditation?
o 1. Proof of time when the accused came up with the determination to commit the crime
o 2. Overt act by accused showing he determined to commit the crime and that he clung to that determination.
o 3. Lapse of time between the determination and decision to carry it out.
What is the essence of this aggravating circumstance of evident premeditation?
Precedence of cool thought and reflection
what is the test in evident premeditation?
So the test is what the initial plan was (whether it involved a specific person or group) and whether the execution matched the plan.
When is evident premeditation inherent?
Evident premeditation is inherent in every specific intent felony.
Kidnapping
Robbery
Estafa (intent to gain)
Piracy in Phil. Waters
Does evident premeditation apply to conspiracy?
If two or more persons conspire to commit a crime, and they decide to commit it, there may be evident premeditation if the conspiracy allowed the conspirators to ponder upon and reflect on their decision to commit a felony.
What is Craft?
cunning or intellectual trickery to carry out the evil design
What is Fraud?
deceit, insidious words and machinations
What is Disguise
concealment of identity
What is the relationship of craft, fraud and disguise with treachery?
Treachery absorbs these.
When is there superior strength?
Offenders intentionally employ disproportionate force to the means of defense available to the offended party
Four accused were armed with a knife. One killed the victim, but there was conspiracy. Only one was armed. Does superior strength apply?
Yes, still superior strength, because the victim was unarmed.
Does superior strength apply in parricide?
No, do not consider abuse of superior strength in parricide. It is generally accepted that the husband is physically stronger than the wife.
What is the relationship between treachery and abuse of superior strength?
Generally, abuse of superior strength is absorbed by treachery. Abuse of superior strength then loses its juridical existence
For treachery to exist either as a generic aggravating or qualifying circumstance, what two conditions must apply?
o 1. Employment or means, manner, or method of execution that would ensure the safety of the offender from any defense or retaliation of the offended party
o 2. Deliberate act of the offender or conscious choice of the means, manner, or method of execution
May treachery be considered in carnapping with killing of a person?
No. Treachery is not aggravating in qualified carnapping. Carnapping is a crime against property, so treachery is NOT aggravating.
Is Treachery Appreciated in Robbery with Homicide?
Yes! People vs Escote
Is treachery qualifying in special complex crime of kidnapping with murder?
Yes. If the victim of kidnapping is killed with treachery, it is a special complex crime of kidnapping with murder.
Does suddenness of attack per se prove treachery?
No, Mere suddenness of the attack does not by itself suggest treachery, unless the offender used the suddenness of the attack as means or method to ensure success of strike
What is the nature of killing by poisoning in treachery?
Treachery is inherent in killing by poisoning. If the offender poisoned the victim, treachery is inherent.
What is ignominy?
Circumstance pertaining to a moral order which adds disgrace or obloquy to the material injury caused to the offended party and tends to make the crime more humiliating
The accused after killing the victim cut off the left leg and took the flesh from the legs and shoulders of the victim. Is this ignominy?
No, because the victim was already dead
When is there unlawful entry?
o When an entrance is through a way not intended for such purpose
o Must be for purposes of entry and not escape
When is use of motorized means of conveyance aggravating?
When the motor vehicle was purposely used to facilitate the commission of the offense
What is cruelty?
Unnecessary physical pain in the commission of the crime
Supposing the accused was under the influence of drugs and then he killed a person, may the killing by that person under the influence of drugs be considered an aggravating circumstance in the commission of the crime?
Yes. Under R.A. 9165, sec. 25 – notwithstanding provisions of law to the contrary, the positive finding for drugs shall be considered an aggravating circumstance.
What is the relationship of craft, fraud and disguise with treachery?
Treachery absorbs these.
When is there superior strength?
Offenders intentionally employ disproportionate force to the means of defense available to the offended party
Four accused were armed with a knife. One killed the victim, but there was conspiracy. Only one was armed. Does superior strength apply?
Yes, still superior strength, because the victim was unarmed.
Does superior strength apply in parricide?
No, do not consider abuse of superior strength in parricide. It is generally accepted that the husband is physically stronger than the wife.
What is the relationship between treachery and abuse of superior strength?
Generally, abuse of superior strength is absorbed by treachery. Abuse of superior strength then loses its juridical existence
For treachery to exist either as a generic aggravating or qualifying circumstance, what two conditions must apply?
o 1. Employment or means, manner, or method of execution that would ensure the safety of the offender from any defense or retaliation of the offended party
o 2. Deliberate act of the offender or conscious choice of the means, manner, or method of execution
May treachery be considered in carnapping with killing of a person?
No. Treachery is not aggravating in qualified carnapping. Carnapping is a crime against property, so treachery is NOT aggravating.
Is Treachery Appreciated in Robbery with Homicide?
Yes! People vs Escote
Is treachery qualifying in special complex crime of kidnapping with murder?
Yes. If the victim of kidnapping is killed with treachery, it is a special complex crime of kidnapping with murder.
Does suddenness of attack per se prove treachery?
No, Mere suddenness of the attack does not by itself suggest treachery, unless the offender used the suddenness of the attack as means or method to ensure success of strike
What is the nature of killing by poisoning in treachery?
Treachery is inherent in killing by poisoning. If the offender poisoned the victim, treachery is inherent.
What is ignominy?
Circumstance pertaining to a moral order which adds disgrace or obloquy to the material injury caused to the offended party and tends to make the crime more humiliating
The accused after killing the victim cut off the left leg and took the flesh from the legs and shoulders of the victim. Is this ignominy?
No, because the victim was already dead
When is there unlawful entry?
o When an entrance is through a way not intended for such purpose
o Must be for purposes of entry and not escape
When is use of motorized means of conveyance aggravating?
When the motor vehicle was purposely used to facilitate the commission of the offense
What is cruelty?
Unnecessary physical pain in the commission of the crime
Supposing the accused was under the influence of drugs and then he killed a person, may the killing by that person under the influence of drugs be considered an aggravating circumstance in the commission of the crime?
Yes. Under R.A. 9165, sec. 25 – notwithstanding provisions of law to the contrary, the positive finding for drugs shall be considered an aggravating circumstance.
Supposing the accused was under the influence of drugs and then he killed a person, may the killing by that person under the influence of drugs be considered an aggravating circumstance in the commission of the crime?
Yes. Under R.A. 9165, sec. 25 – notwithstanding provisions of law to the contrary, the positive finding for drugs shall be considered an aggravating circumstance.
