Art. 14 Requisites

Question 1

What are aggravating circumstances?

Answer 1

Those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense

Question 2

Requisites for par. 2 of Art. 14 (in contempt of or with insult to the public authorities) (4)

Answer 2

1. That the public authority is engaged in the exercise of his functions
2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed
3. The offender knows him to be a public authority
4. His presence has not prevented the offender from committing the criminal act

Question 3

Requisites for par. 4 of Art. 14 (Abuse of confidence and obvious ungratefulness) (3)

Answer 3

1. That the offended party had trusted the offender
2. That the offender abused such trust by committing a crime against the offended party
3. That the abuse of confidence facilitated the commission of the crime

Question 4

Requisites for par. 8 of Art. 14 (Aid of armed men) (2)

Answer 4

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

Question 5

Requisites for par. 9 of Art. 14 (Recidivist) (4)

Answer 5

1. That the offender is on trial for an offense
2. That he was previously convicted by final judgment of another crime
3. That both the first and the second offenses are embraced in the same title of the Code
4. That the offender is convicted of the new offense

Question 6

Requisites for par. 10 of Art. 14 (Reiteracion) (3)

Answer 6

1. That the accused is on trial for an offense
2. That he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense; and
3. That he is convicted of the new offense

Question 7

Requisites of par. 13 of Art. 14 (Evident premditation) (3)

Answer 7

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 execution, to allow his conscience to overcome the resolution of his will

Question 8

Requisites of par. 16 of Art. 14 (Treachery) (2)

Answer 8

1. That at the time of the attack, the victim was not in a position to defend himself; and
2. That the offender consciously adopted the particular means, method or form of attack employed by him

Question 9

Requisites of par. 21 of Art. 14 (Cruelty) (2)

Answer 9

1. That the injury caused be deliberately increased by causing other wrong
2. That the other wrong be unnecessary for the execution of the purpose of the offender