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Crim Law > Article 14 > Flashcards

Article 14 Flashcards

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1
Q

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

A

Aggravating circumstances

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2
Q

Four kinds of aggravating circumstances

A
  1. Generic: generally apply to all crimes
  2. Specific: specifically apply to particular crimes
  3. Qualifying: changes the nature of the crime
  4. Inherent: necessity accompany the crime
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3
Q

Examples of qualifying aggravating circumstances

A

Alevosia, treachery, also Article 248 (homicide to murder)

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4
Q

Examples of inherent aggravating circumstances

A

Evident premeditation in robbery, theft, estafa, adultery, and concubinage

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5
Q

T/F. Failure to allege aggravating circumstances of all kinds shall not be a basis for the Court to appreciate them even if the prosecution can prove their existence without objection from the Defense

A

True. Amended by provisions of the 2000 Rules on Criminal Procedure

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6
Q

That advantage be taken by the offender of his public position

A

Article 14, paragraph 1

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7
Q

Article 14, paragraph 1 is immaterial when:

A

The aggravating element is integral or inherent to the crime. E.g., malverasation (Art. 217), falsification of public documents committed by public officers (Art. 171)

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8
Q

Article 14, paragraph 1 is material when:

A
  1. The accused abused his office in order to commit a crime
  2. The accused failed in his duties
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9
Q

That the crime be committed in contempt of or with insult to the public authorities

A

Article 14, paragraph 2

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10
Q

Four requisites art Article 14, paragraph 2:

A
  1. The public authority is ENGAGED in the discharge of his duties
  2. The public authority is NOT the person the crime was committed against
  3. Offender KNOWS the identity of the public authority
  4. Presence did not PREVENT offender from committing the crime
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11
Q

Effect to nature of the crime when it is the public authority who is the person the crime was committed against

A

Direct assault

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12
Q

That the act be committed with INSULT or in disregard of the respect due to the offended party on account of his RANK, AGE, or SEX or to be committed in the DWELLING of the offended party, if the latter has not given provocation

A

Article 14, paragraph 3

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13
Q

T/F. Article 14, paragraph 3 is only applicable to crimes against property

A

False. Only applicable to crimes against honor and against persons

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14
Q

T/F. It is essential in Article 14, paragraph 3 the showing of deliberate intent to offend or insult the rank, age, or sex of the offended party.

A

True.

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15
Q

Exceptions to the sex portion of Article 14, paragraph 3

A
  1. Offender acted with passion and obfuscation
  2. Existing relationship between offender and offended
  3. Being a woman is indispensable in the commission of the crime.
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16
Q

A building exclusively used for rest and comfort. Domicile.

A

Dwelling

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17
Q

Condition sine qua non to invoke the dwelling part of Article 14, paragraph 3

A

That the offended party has NOT given provocation

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18
Q

T/F. It is NOT necessary that the accused should have entered the dwelling of the victim to commit the offense. It is enough that the victim be attacked in his own house. E.g., victim assassinated inside the house by the use of a sniper rifle, while accused was away from home.

A

True. See People v. Ompaid.

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19
Q

T/F. It is NOT necessary for the killing to take place inside of the house provided that the commission of the crime BEGUN in the house

A

True. See US v. Lastimosa.

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20
Q

T/F. Dwelling is NOT aggravating if the victim was CALLED AWAY from his house and murdered in the vicinity.

A

True. See US v. Ramos.

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21
Q

Four other instances dwelling is NOT aggravating

A
  1. If the parties occupy the same house
  2. Robbery with force and trespass to dwelling (since it is inherent)
  3. Provocation on the part of the owner of the dwelling
  4. When the dwelling is NOT owned by the victim.
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22
Q

Four exception to the fourth instance where dwelling is NOT aggravating

A
  1. Bedspacer
  2. Guests raped while in the house of another
  3. Temporary dwelling
  4. Guests shot while sleeping in the house of another
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23
Q

Why is dwelling aggravating?

A

“He who goes to another’s house to hurt him or do him wrong is more guilty than he who offends him elsewhere” People v. Ireneo Jugueta

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24
Q

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

A

Article 13, paragraph 4

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25
Q

Party has trusted the offender who later abuses such trust by committing a crime

A

Abuse of confidence

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26
Q

Three requisites for abuse of confidence

A
  1. Offended party trusted the offender
  2. Offender abused such trust by committing a crime
  3. That the abuse is facilitated in the commission of the crime
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27
Q

When abuse of confidence is NOT material:

A
  1. Technical malversation (Art. 217)
  2. Qualified theft (Art. 310)
  3. Estafa (Art. 315)
  4. Qualified seduction (Art. 337)
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28
Q

Requisite of obvious ungratefulness

A

Should be obvious

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29
Q

That the crime be committed in the palace of the chief executive, or in his presence, or where the public authorities are engaged in the discharge of their duties or in a place of dedicated worship.

A

Article 14, paragraph 5

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30
Q

Three distinctions between Article 14, paragraph 2 and Article 14, paragraph 5

A
  1. Public authority MAYBE the offended party
  2. Public authority must be INSIDE his office
  3. Chief Executive need NOT
31
Q

T/F. Offense committed in a place of worship MUST HAVE intention when he entered the place.

A

True. See People v. Jaugrigue, supra

32
Q

That the crime be committed (1) in the nighttime or (2) in an unhabitable place, or (3) by band whenever such circumstances may facilitate the commission of the offense

A

Article 14, paragraph 6

33
Q

That period of darkness beginning from dusk to dawn. Sunset to sunrise.

A

Nighttime

34
Q

T/F. Nighttime only becomes aggravating if the accused actively seeks for the cover of the night

A

True.

35
Q

T/F. Nighttime is not aggravating when the crime was committed at daytime and ended at nighttime.

A

True.

36
Q

One where no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from one another

A

Uninhabited place. E.g., the open sea is an uninhabited place (People v. Nulla)

37
Q

T/F. Uninhabited place only becomes aggravating if the accused actively seeks for it for the reason that it aids him to either (1) have an easy and uninterrupted accomplishment of the crime, (2) conceal the offense

A

True.

38
Q

Whenever more than three armed malefactors have acted together in the commission of an offense.

A

Band

39
Q

When is a band not aggravating

A

Inherent in brigandage (Art. 306)

40
Q

That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfotune.

A

Article 14, paragraph 7

41
Q

That the crime be committed with the aid of armed men or persons who insure or afford impunity

A

Article 14, paragraph 8

42
Q

That the accused is a recidivist

A

Article 14, paragraph 9

43
Q

One who shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC

A

Recidivist

44
Q

Rationale behind why recidivism is aggravating:

A

Offender specializing on such kinds of crimes

45
Q

T/F. Recidivism does NOT prescribe.

A

True. Even if more than 10 years from the commission of the crime.

46
Q

Four requisites of recidivism

A
  1. On trial for an offense
  2. Previously convicted by final judgment of another crime
  3. First and second crimes are embraced in the same title of the RPC
  4. Offender convicted of the new offense
47
Q

That the offender has been previously punished for 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

A

Article 14, paragraph 10

48
Q

Three requisites of Article 14, paragraph 10

A
  1. Offender is on trial for an offense
  2. Previously served for another offense with equal or greater penalty or for two or more crimes to which it attached a lighter penalty that that for the new offense
  3. Convicted of a new offense
49
Q

What does paragraph 10 punish?

A

Reiteracion or habituality

50
Q

Difference between four fours of repetition

A

HD:
1. Third time being guilty or oftener
2. Serious, less serious physical injuries, robbery, theft, estafa, falsification
3. 10 years prescription

Recidivism:
1. Prior conviction
2. New and old offense embraced in the same title of the RPC
3. Generic aggravating circumstance
4. Imprescriptable

Reiteracion:
1. Served one or more previous punishments
2. Previous offense attached equal or greater punishment
3. At least three convictions if light felonies

Quasi-recidivism:
1. One prior conviction
2. Convicted for any [new] offense
3. Special aggravating circumstance
4. 2nd felony must be committed after conviction by final judgment of the first, before sentence begins

51
Q

That the crime be committed in consideration of a price, reward, or promise

A

Article 14, paragraph 11

52
Q

T/F. Article 14, paragraph 11 is immaterial if reward was incidental to the commission of the crime

A

True.

53
Q

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 great waste and ruin

A

Article 14, paragraph 12

54
Q

That the act be committed with the evident premediation

A

Article 14, paragraph 13

55
Q

Three requisites for Article 14, paragraph 13

A
  1. Time determined to commit the crime
  2. Act indicating that the accused clung to his determination (sine qua non)
    a. Carefully planned
    b. Previously prepared the means
    c. Made preliminary efforts
  3. Sufficient lapse of time between determination and execution
56
Q

That craft, fraud or disguise be employed

A

Article 14, paragraph 14

57
Q

Involved intellectual trickery and cunning on the part of the accused

A

Craft

58
Q

Insidious words or machinations are used to induce the victim to act in a manner that would enable the offender to carry out his criminal design

A

Fraud

59
Q

Resorting to any device to conceal one’s indentity

A

Disguise

60
Q

That advantage be taken of superior strength, or means be employed to weaken the defense

A

Article 14, paragraph 15

61
Q

That the act be committed with treachery.

A

Article 14, paragraph 16

62
Q

The offender commits any of the crimes against the person, employ means which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offender party might make.

A

Treachery

63
Q

Three rules for treachery

A
  1. Applicable to crimes against persons
  2. Means need NOT insure the accomplishment just minimizing risk
  3. The mode of attack must be consciously adopted.
64
Q

T/F. Treachery cannot be presumed

A

True. Cannot be inferred from intent to kill or suddenness of the attack. Except adults killing a kid. People v. Umawid.

65
Q

Examples of treachery

A
  1. Victim asleep
  2. Victim half-awake
  3. Victim grappling or being held
  4. Attacked from back with firearm, bladed weapon, other modes
66
Q

Two requisites if treachery

A
  1. At the time of the attack, the victim was not in a position to defend himself
  2. Consciously and deliberately adopted the particular means, method or form of attack employed by him.
67
Q

That means be employed or circumstances brough about which add ignominy to the natural effects of the act

A

Article 14, paragraph 17

68
Q

Circumstance pertaining to moral order, which adds disgrace and obloquy to the material injury caused by the crime. Humiliating effects

A

Ignominy

69
Q

Difference between cruelty and ignominy

A

Ignominy pertains to shock in moral conscience and moral effects of the crime
Cruelty relates to physical aspect of the felony, physical effects of the victim

70
Q

That the crime be committed after an unlawful entry

A

Article 14, paragraph 18

71
Q

That as a means to the commission of a crime, a wall, roof, floor, or door is broken

A

Article 14, paragraph 19

72
Q

That the crime be committed (1) with the aid of persons under fifteen years of age, or (2) by means of motor vehicle, airships, or other similar means

A

Article 14, paragraph 20

73
Q

That the wrong done in commission of the crime be deliberately augmented by causing other wrong not necessary for its commission

A

Article 14, paragraph 21

Crim Law (8 decks)

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