Article 14

Question 1

What is Article 14 paragraph 1, and what is the basis of this aggravating circumstance?

Answer 1

That advantage be taken by the offender of his public position.

Basis: The greater perversity of the offender, as shown by the personal circumstance of the offender and also by the means used to secure the commission of the crime.

Question 2

Is paragraph 1 applicable only when the offender is a public officer?

Answer 2

Yes. This applies only to a public officer who takes advantage of his public position

Question 3

Meaning of “advantage be taken by the offender of his public position”?

Answer 3

The public officer must use the influence, prestige or ascendancy which his office gives him as the means by which he realizes his purpose.

Question 4

Is the aggravating circumstance under paragraph 1 present when a Congressman offered resistance to a peace offer?

Answer 4

No. In the case of a Congressman who offered resistance to his captor upon being surprised in a gambling house, this aggravating circumstance is not present because the Congressman did not take advantage of the influence or reputation of his office. (People vs Veloso)

Question 5

Is the aggravating circumstance under paragraph 1 present when a councilor collects fines and misappropriates them?

Answer 5

Yes. If he were not a councilor, he could not have induced the injured parties to pay these alleged fines (U.S. vs. Torrida)

Question 6

Does failure in official duties tantamount to abusing of office?

Answer 6

Yes. Even if the defendant did not abuse his office but it is proven that he has failed in his duties as a public officer, this circumstance would warrant the aggravation of his penalty.

Question 7

Is it aggravating when it is an integral element of, or inherent to, the offense?

Answer 7

No. Taking advantage of official position is made by law an integral element of the crime such as malversation or in falsification of document committed by public officers.

Question 8

What is Article 14 paragraph 2, and what is the basis of this aggravating circumstance?

Answer 8

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

Basis: Greater perversity of the offender, as shown by his lack of respect for the public authorities.

Question 9

What are the requisites for paragraph 2?

Answer 9

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 10

Meaning of public authority

Answer 10

A public authority, sometimes called a person in authority, is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws.

Examples: Councilor, mayor, governor, barangay captain, and barangay chairman.

Question 11

Is paragraph 2 applicable when crime is committed in the presence of an agent only?

Answer 11

No. An agent of a person in authority is any person who, by direct provision of law or by election or by appointment of public order and the protection and security of life and property, such as barrio councilman, barrio policeman, barangay leader, and any person who comes to the aid of person in authority.

Question 12

Is a teacher a public authority under paragraph 2?

Answer 12

No.

Question 13

Should the crime be committed against public authority?

Answer 13

No. If it is committed against public authority while in performance of his duty then the offender commits direct assault without this aggravating circumstance.

Question 14

Is knowledge that a public authority is present essential?

Answer 14

Yes. Lack of knowledge on the part of the offender indicates lack of intention to insult the public authority.

Question 15

What is Article 14 paragraph 3, and what is the basis of this aggravating circumstance?

Answer 15

That the act be committed with insult 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 latter has not given provocation.

Basis: The greater perversity of the offender, as shown by the personal circumstances of the offended party and the place of the commission of the crime.

Question 16

Is paragraph 3 applicable only to crimes against persons or honor?

Answer 16

Yes. This circumstances (age, rank, or sex) may be taken into account only in crimes against persons or honor.

Question 17

What is the meaning of “with insult or in disregard?”

Answer 17

It is necessary to prove the specific fact or circumstance, other than that victim is a woman (or an old man or one of high rank), showing insult or disregard of sex (or age or rank) in order that it may be considered an aggravating circumstance.

Question 18

What is required with insult or disregard of the respect due to the offended party on account of rank of the offended party?

Answer 18

There must be a difference in the social condition of the offender and offended party.

Question 19

What does “rank” mean?

Answer 19

Refers to a high social position or standing as a grade in the armed forces; or to a graded official standing or position or station; or to the order or place in which said officers are placed in the army and navy in relation to others; or to the designation or title of distinction conferred upon an officer in order to fix his relative position in reference to other officers in matters of privileges, precedence, and sometimes of command by which to determine his pay and emoluments as in the case of army staff officers; or to a grade or official standing, relative position in civil or social life, or in any scale of comparison, status, grade, including its grade, status, or scale of comparison within a position.

Question 20

What is required with insult or disregard of the respect due to the offended party on account of the age of the offended party?

Answer 20

Of which the age between the offender and offended party is significantly different. Offended may be of old age or tender age.

Question 21

What is required with insult or disregard of the respect due to the offended party on account of the sex of the offended party?

Answer 21

That the sex is female.

Question 22

When is sex not applicable as an aggravating circumstance?

Answer 22

1. When the offender acted with passion or obfuscation.
2. When there exists a relationship between the offended party and the offender.
3. When the condition of being a woman is indispensable in the commission of the crime (Thus, in (a) parricide, (b) rape, (c) abduction, or (d) seduction, sex is not aggravating)

Question 23

What is a dwelling?

Answer 23

Dwelling must be a building or structure, exclusively used for rest and comfort. A “combination house and store” or a market stall where the victim slept is not a dwelling.

Question 24

What is the basis of the aggravating circumstance in dwelling?

Answer 24

Based on the greater perversity of the offender, as shown by the place of the commission of the offense.

This is due to the sanctity of privacy the law accords to human abode.

Dwelling is a “sanctuary worthy of respect”

Question 25

What aggravates the commission of the crime in one's dwelling?

Answer 25

1. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner.

Question 26

Meaning of provocation in the aggravating circumstance of dwelling.

Answer 26

1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime.

Question 27

Is it necessary that there must be a close relation between provocation and commission of crime in the dwelling?

Answer 27

Yes.

Question 28

If provocation is not immediate, is dwelling aggravating?

Answer 28

No.

Question 29

If the owner of dwelling gave immediate provocation, is dwelling aggravating?

Answer 29

No.

Question 30

If the offended party was shot from the outside of his home, is dwelling aggravating?

Answer 30

Yes

Question 31

Dwelling includes what?

Answer 31

The foot of the staircase and enclosure under the house. Terrace.

Question 32

What is Article 14 paragraph 4, and what is the basis of this aggravating circumstance?

Answer 32

That the act be committed with abuse of confidence or obvious ungratefulness. Basis: The greater perversity of the offender, as shown by the means and ways employed

Question 33

What are the requisites to abuse of confidence?

Answer 33

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 34

Is betrayal of confidence aggravating?

Answer 34

No.

Question 35

Is abuse of confidence inherent in some felonies?

Answer 35

Yes. It is inherent in malversation, qualified theft, estafa by conversion or misappropriation, and qualified seduction.

Question 36

Does ungratefulness need to be obvious?

Answer 36

Yes. It must be manifest and clear.

Question 37

What is Article 14 paragraph 5, and what is the basis of this aggravating circumstance?

Answer 37

That the crime be committed in the palace 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. Basis: The greater perversity of the offender, as shown by the place of the commission of the crime, which must be respected.

Question 38

Distinguish place where public authorities are engaged in the discharge of their duties (paragraph 5) from contempt or insult to public authorities (paragraph 2)

Answer 38

1. In both, the public authorities are in the performance of their duties. 2. Under paragraph 5, the public authorities who are in the performance of their duties must be in their office; while in paragraph 2, the public authorities are performing their duties outside of their office. 3. Under paragraph 2, the public authority should not be the offended party; while under paragraph 5, he may be the offended party.

Question 39

Is official or religious functions necessary?

Answer 39

No. The place of the commission of the felony is aggravating regardless of whether State or official or religious functions are being held.

Question 40

Do other public authorities need to be specifically engaged in the performance of duty?

Answer 40

Yes. There must be some performance of public functions.

Question 41

Are cemeteries considered a place dedicated to worship?

Answer 41

No.

Question 42

Is it necessary for the offender to have the intention to commit a crime when he entered the place?

Answer 42

Yes.

Question 43

What is Article 14 paragraph 6, and what is the basis of this aggravating circumstance?

Answer 43

That the crime be committed in the 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 band. Basis: The time and place of the commission of the crime and means and ways employed.

Question 44

Should these be considered as one only or three separate circumstances?

Answer 44

Only one aggravating circumstance if they concur in the commission of the felony. If elements are distinctly perceived and can subsist independently, then it can be treated as seaparate.

Question 45

When are these circumstances aggravating?

Answer 45

1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity 3. When the offender took advantage thereof for the purpose of impunity.

Question 46

How is nighttime understood according to Viada?

Answer 46

That period of darkness beginning at end of dusk and ending at dawn.

Question 47

Is there a requirement for a place to be considered uninhabited?

Answer 47

No, as long as the place as an aid is either (1) to an easy uninterrupted accomplishment of their criminal designs, or (2) to insure concealment of the offense.

Question 48

What is a band?

Answer 48

Whenever more than three armed malefactors shall have acted together in the commission of the offense, it shall be deemed to have been committed by a band.

Question 49

What is Article 14 paragraph 7, and what is the basis of this aggravating circumstance?

Answer 49

That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. Basis: Time of the commission of the crime.

Question 50

Why is paragraph 7 aggravating?

Answer 50

Because instead of lending aid to the afflicted, it adds to their suffering by taking advantage of their misfortune to despoil them.

Question 51

What does the phrase "or other calamity or misfortune" mean?

Answer 51

Refers to conditions of distress similar to those precedingly enumerated, that is "conflagration, shipwreck, earthquake or epidemic."

Question 52

If the offender was provoked, is there an aggravating circumstance under paragraph 7?

Answer 52

No.

Question 53

What is Article 14 paragraph 8, and what is the basis of this aggravating circumstance?

Answer 53

That the crime be committed with the aid of armed men or persons who insure or afford impunity. Basis: Means and ways of committing the crime.

Question 54

Requisites of paragraph 8

Answer 54

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 55

Distinguish "with aid of armed men" (Paragraph 8) and "by a band" (Paragraph 6)

Answer 55

By a band requires that more than three armed malefactors shall have acted together in the commission of the offense. Aid of armed men is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.

Question 56

Can "aid of armed men" be absorbed by "employment of a band"

Answer 56

Yes because (1) the aid of armed men, and (2) employment of a band in appraising the gravity of the offense, in view of the definition of band which includes any group of armed men, provided they are at least four in number.

Question 57

What is Article 14 paragraph 9, and what is the basis of this aggravating circumstance?

Answer 57

That the accused is a recidivist. 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. Basis: Greater perversity of the offender, as shown by his inclination to crimes.

Question 58

Who is a recidivist?

Answer 58

One who, at the time of his trial for one crime, shall have been previously convicted by final judgement of another crime embraced in the same title of the R.P.C.

Question 59

What are the requisites of a recidivist?

Answer 59

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 offenses are embraced in the same title of the code. 4. That the offender is convicted of the new offense.

Question 60

Meaning of "at the time of his trial for one crime"

Answer 60

Should not be restrictively construed as to mean the date of arraignment. It is employed in its general sense, including the rendering of the judgement. It is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court.

Question 61

Is there recidivism even if the lapse of time between two felonies is more than ten years?

Answer 61

Yes. It must be taken into account as an aggravating circumstance no matter how many years have intervened between the first and second felonies.

Question 62

Does pardon obliterate the fact that the accused was a recidivist?

Answer 62

No. However, amnesty extinguishes the penalty and all its effects.

Question 63

What is Article 14 paragraph 10, and what is the basis of this aggravating circumstance?

Answer 63

That the offender has been previously 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. Basis: The greater perversity of the offender as shown by his inclination to crimes.

Question 64

Requisistes for paragraph 10

Answer 64

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 new offense; and 3. That he is convicted of the new offense.

Question 65

The second requisite is present when:

Answer 65

1. When the penalty provided by law for the previous offense is equal to that for the new offense 2. When the penalty provided by law for the previous offense is greater 3. When the accused served at least two sentences, even if the penalties provided by law for the crimes are lighter.

Question 66

Distinguish recidivism and reiteracion

Answer 66

1. In reiteracion, it is necessary that the offender shall have served out his sentence for the first offense; in recidivism, it is enough that a final judgement has been rendered in the first offense 2. In reiteracion, the previous and subsequent offenses must not be embraced in the same title of the code; whereas in recidivism, it muts be included in the same title of the code. 3. Reiteracion is not always an aggravating circumstance; whereas recidivism is always to be taken into consideration in fixing the penalty to be imposed upon the accused.

Question 67

What are the four forms of repitition?

Answer 67

1. Recidivism 2. Reiteracion or habituality 3. Multi-recidivism or habitual delinquency (Art 62, par 5) 4. Quasi-recidivism (Art. 160)

Question 68

What is habitual delinquency?

Answer 68

When a person, within a period of ten years from the date of his release or last conviction of the 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.

Question 69

What is quasi-recidivism?

Answer 69

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 the law for the new felony.

Question 70

What is Article 14 paragraph 11, and what is the basis of this aggravating circumstance?

Answer 70

That the crime be committed in consideration of a price, reward, or promise. Basis: The greater perversity of the offender, as above the motivating power itself.

Question 71

Does this aggravating circumstance presuppose the concurrence of two or more offenders?

Answer 71

Yes. There must be two or more principals, the one who gives or offers the price or promise and the one who accepts it.

Question 72

Is paragraph 11 applicable to the both person giving the price or reward and receiving the price or reward?

Answer 72

Only applicable to the person giving the price or reward.

Question 73

What is Article 14 paragraph 12, and what is the basis of this aggravating circumstance?

Answer 73

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. Basis: Means and ways employed.

Question 74

In paragraph 12, when the act results to murder or killing someone, are they considered as one separate offense or two?

Answer 74

Two separate offenses. Except in arson, as murder is absorbed in arson.

Question 75

Distinguish paragraph 12 from paragraph 7

Answer 75

Under paragraph 12, the crime is committed by means of such acts involving great waste or ruin. Under paragraph 7, the crime committed is on the occasion of a calamity or misfortune.

Question 76

What is Article 14 paragraph 13, and what is the basis of this aggravating circumstance?

Answer 76

That the act be committed with evidence premeditation. Basis: Ways of committing the crime, because evident premeditation implies a deliberate planning of the act before executing it.

Question 77

What is the essence of premeditation?

Answer 77

The execution of the criminal act ust 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.

Question 78

Requisites of evident premeditation

Answer 78

The prosecution must prove -- 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.

Question 79

The second requisite exists when:

Answer 79

1. When the crime was carefully planned by the offender 2. When the offender previously prepared the means which they considered adequate to carry it out 3. When a grave was prepared at an isolated place in the field for the reception of the body of the person whom the criminals intended to kill 4. When the defendants made repeated statements that the hour of reckoning of the victim would arrive and armed themselves with deadly weapons. 5. When the defendant commenced to sharpen his bolo on the afternoon preceding the night of the crime. 6. When the defendant, according to his own confession, three times attempted to take the life of the deceased in order to be able to marry his widow, with whom he was in love 7. Where the accused repeatedly plotted the commission of the murder over a period of several weeks and, on at least two occasions, made preliminary efforts to carry it out.

Question 80

What is a sufficient lapse of time?

Answer 80

Depending on the circumstance and may range from an hour to days.

Question 81

Why is a sufficient lapse of time required?

Answer 81

The offender must have an opportunity to coolly and serenely think and deliberate on the meaning and the consequence of what he planned to do, an interval long enough for his conscience and better judgement to overcome his evil desire and scheme.

Question 82

What is Article 14 paragraph 14, and what is the basis of this aggravating circumstance?

Answer 82

That craft, fraud or disguise be employed. Basis: Means employed in the commission of the crime.

Question 83

What is craft?

Answer 83

Involves intellectual trickery and cunning on the part of the accused.

Question 84

How is craft different from fraud?

Answer 84

When there is a direct inducement by insidious words or machinations, fraud is present; otherwise, the act of the accused done in order not to arouse the suspicion of the victim constitutes craft.

Question 85

What is disguise?

Answer 85

Resorting to any device to conceal identity.

Question 86

Is disguise considered when the offender is easily recognizable?

Answer 86

No

Question 87

What is fraud?

Answer 87

Insidious words or machinations use to induce the victim to act in a manner which would enable the offender to carry out his design.

Question 88

What is Article 14 paragraph 15, and what is the basis of this aggravating circumstance?

Answer 88

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

Question 89

Meaning of "advantage be taken"?

Answer 89

To take advantage of superior strength means to use purposely excessive force out of proportion to the means of defense available to the person attacked.

Question 90

Illustrations of no advantage of superior strength

Answer 90

1. One who attacks another with passion and obfuscation does not take advantage of his superior strength. 2. When a quarrel arose unexpectedly

Question 91

When is abuse of superior strength aggravating?

Answer 91

Depends on the age, size, and strength of the parties.

Question 92

Illustration of abuse of superior strength

Answer 92

1. A strong man ill-treated a child or an old decrepit person 2. The victim who died was an innocent and tender baby.

Question 93

Distinguish "by a band" and that of "abuse of superior strength"

Answer 93

The element of band is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims. The indispensable components of cuadrilla are: (1) at least four malefactors and (2) all four are armed. In "abuse of superior strength" what is taken into account is not the number of aggressors nor the fact that they are armed, but their relative physical might vis-a-vis the offended party.

Question 94

Does abuse of superiority absorb cuadrilla?

Answer 94

Yes

Question 95

Is there abuse of strength when one acted as principal and the other two as accomplice?

Answer 95

No. It must appear that the accused cooperated together.

Question 96

What is Article 14 paragraph 16, and what is the basis of this aggravating circumstance?

Answer 96

That the act be committed with 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. Basis: means and ways employed in the commission of the crime.

Question 97

Meaning of treachery

Answer 97

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 the offended party might make.

Question 98

Rules regarding treachery

Answer 98

1. Applicable only to crimes against person 2. Means, methods or forms need not insure accomplishment of crime 3. The mode of attack must be consciously adapted.

Question 99

When can treachery not be considered

Answer 99

Where there is nothing in the record to show that the accused had pondered upon the mode or method to insure the killing of the deceased or remove or diminish any risk to himself that might arise from the defense that the deceased might take, as when his decision to shoot the victim is sudden.

Question 100

Examples of attacks showing intention to eliminate risk

Answer 100

1. Victim is asleep 2. Victim is half-awake or just awakened 3. Victim is grappling or being held 4. Victims were having lunch 5. Attacked from behind - With a firearm - With a bladed weapon - other modes of armed attack

Question 101

Requisites of treachery

Answer 101

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 102

Summary of rules in treachery

Answer 102

1. When the aggression is continuous, treachery must be present at the beginning of the assault 2. When the assault was not continuous, in that there was an interruption, it is sufficient that treachery was present at the moment the fatal blow was given.

Question 103

Distinguish treachery, abuse of superior strength, and means employed to weaken the defense

Answer 103

In treachery, means, methods or forms of attack are employed by the offender to make it possible or hard for the offended party to put up any sort of resistance. In abuse of superior strength, the offender does not employ means, methods or forms of attack; he only takes advantage of his superior strength. In means employed to weaken the defense, the offender, like in treachery, employs means but the means employed only materially weakens the resisting power of the offended party.

Question 104

What is Article 14 paragraph 17, and what is the basis of this aggravating circumstance?

Answer 104

That means be employed or circumstances brought about which add ignominy to the natural effects of the act. Basis: Means employed

Question 105

Define ignominy

Answer 105

is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime.

Question 106

Is paragraph 17 only applicable to crimes against chastity?

Answer 106

No. Applicable to chastity, less serious physical injuries, light or grave coercion, and murder.

Question 107

What does "which add ignominy to the natural effects of the act" mean?

Answer 107

The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating or to put the offended party to shame.

Question 108

What is Article 14 paragraph 18, and what is the basis of this aggravating circumstance?

Answer 108

That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. Basis: means and ways employed to commit the crime.

Question 109

Meaning of unlawful entry

Answer 109

There is unlawful entry when an entrance is effected by a way not intended for the purpose.

Question 110

Can unlawful entry be for escape?

Answer 110

No. It is the means to effect entrance and not for escape.

Question 111

What is the reason for aggravation?

Answer 111

One who acts, not respecting the walls erected by men to guard their property and provide for their personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more severity.

Question 112

Is unlawful entry aggravating in trespass to dwelling?

Answer 112

No.

Question 113

What is Article 14 paragraph 19, and what is the basis of this aggravating circumstance?

Answer 113

That as a means to the commission of a crime a wall, roof, floor, door, or window be broken. Basis: means and ways employed to commit the crime

Question 114

What does "as a means to the commission of a crime" in paragraph 19 mean?

Answer 114

What aggravates the liability of the offender is the breaking of a part of the building as a means to the commission of the crime.

Question 115

What is Article 14 paragraph 20, and what is the basis of this aggravating circumstance?

Answer 115

That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means. Basis: Means and ways employed to commit the crime

Question 116

Are there two different aggravating circumstances in paragraph 20?

Answer 116

Yes.

Question 117

What is Article 14 paragraph 21, and what is the basis of this aggravating circumstance?

Answer 117

That the Wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Basis: Ways employed in committing the crime

Question 118

What is cruelty?

Answer 118

When the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.

Question 119

Requisites of cruelty

Answer 119

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.

Question 120

Cruelty is present when

Answer 120

Deliberate prolongation of the physical suffering of the victim.

Question 121

Is there cruelty when the victim is dead?

Answer 121

No

Question 122

Distinguish ignominy from cruelty

Answer 122

Ignominy involves moral suffering whereas cruelty involves physical suffering