Article 14 Flashcards
What is Article 14 paragraph 1, and what is the basis of this aggravating circumstance?
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.
Is paragraph 1 applicable only when the offender is a public officer?
Yes. This applies only to a public officer who takes advantage of his public position
Meaning of “advantage be taken by the offender of his public position”?
The public officer must use the influence, prestige or ascendancy which his office gives him as the means by which he realizes his purpose.
Is the aggravating circumstance under paragraph 1 present when a Congressman offered resistance to a peace offer?
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)
Is the aggravating circumstance under paragraph 1 present when a councilor collects fines and misappropriates them?
Yes. If he were not a councilor, he could not have induced the injured parties to pay these alleged fines (U.S. vs. Torrida)
Does failure in official duties tantamount to abusing of office?
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.
Is it aggravating when it is an integral element of, or inherent to, the offense?
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.
What is Article 14 paragraph 2, and what is the basis of this aggravating circumstance?
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.
What are the requisites for paragraph 2?
- That the public authority is engaged in the exercise of his functions.
- That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed.
- The offender knows him to be a public authority.
- His presence has not prevented the offender from committing the criminal act.
Meaning of public authority
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.
Is paragraph 2 applicable when crime is committed in the presence of an agent only?
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.
Is a teacher a public authority under paragraph 2?
No.
Should the crime be committed against public authority?
No. If it is committed against public authority while in performance of his duty then the offender commits direct assault without this aggravating circumstance.
Is knowledge that a public authority is present essential?
Yes. Lack of knowledge on the part of the offender indicates lack of intention to insult the public authority.
What is Article 14 paragraph 3, and what is the basis of this aggravating circumstance?
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.
Is paragraph 3 applicable only to crimes against persons or honor?
Yes. This circumstances (age, rank, or sex) may be taken into account only in crimes against persons or honor.
What is the meaning of “with insult or in disregard?”
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.
What is required with insult or disregard of the respect due to the offended party on account of rank of the offended party?
There must be a difference in the social condition of the offender and offended party.
What does “rank” mean?
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.
What is required with insult or disregard of the respect due to the offended party on account of the age of the offended party?
Of which the age between the offender and offended party is significantly different. Offended may be of old age or tender age.
What is required with insult or disregard of the respect due to the offended party on account of the sex of the offended party?
That the sex is female.
When is sex not applicable as an aggravating circumstance?
- When the offender acted with passion or obfuscation.
- When there exists a relationship between the offended party and the offender.
- 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)
What is a dwelling?
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.
What is the basis of the aggravating circumstance in dwelling?
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”
What aggravates the commission of the crime in one’s dwelling?
- The abuse of confidence which the offended party reposed in the offender by opening the door to him; or
- The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner.
Meaning of provocation in the aggravating circumstance of dwelling.
- Given by the owner of the dwelling,
- Sufficient, and
- Immediate to the commission of the crime.
Is it necessary that there must be a close relation between provocation and commission of crime in the dwelling?
Yes.
If provocation is not immediate, is dwelling aggravating?
No.
If the owner of dwelling gave immediate provocation, is dwelling aggravating?
No.
If the offended party was shot from the outside of his home, is dwelling aggravating?
Yes
Dwelling includes what?
The foot of the staircase and enclosure under the house.
Terrace.
What is Article 14 paragraph 4, and what is the basis of this aggravating circumstance?
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
What are the requisites to abuse of confidence?
- That the offended party had trusted the offender.
- That the offender abused such trust by committing a crime against the offended party.
- That the abuse of confidence facilitated the commission of the crime.
Is betrayal of confidence aggravating?
No.
Is abuse of confidence inherent in some felonies?
Yes. It is inherent in malversation, qualified theft, estafa by conversion or misappropriation, and qualified seduction.
Does ungratefulness need to be obvious?
Yes. It must be manifest and clear.
What is Article 14 paragraph 5, and what is the basis of this aggravating circumstance?
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.
Distinguish place where public authorities are engaged in the discharge of their duties (paragraph 5) from contempt or insult to public authorities (paragraph 2)
- In both, the public authorities are in the performance of their duties.
- 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.
- Under paragraph 2, the public authority should not be the offended party; while under paragraph 5, he may be the offended party.
Is official or religious functions necessary?
No. The place of the commission of the felony is aggravating regardless of whether State or official or religious functions are being held.
Do other public authorities need to be specifically engaged in the performance of duty?
Yes. There must be some performance of public functions.
Are cemeteries considered a place dedicated to worship?
No.
Is it necessary for the offender to have the intention to commit a crime when he entered the place?
Yes.
What is Article 14 paragraph 6, and what is the basis of this aggravating circumstance?
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.
Should these be considered as one only or three separate circumstances?
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.
When are these circumstances aggravating?
- When it facilitated the commission of the crime; or
- When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity
- When the offender took advantage thereof for the purpose of impunity.
How is nighttime understood according to Viada?
That period of darkness beginning at end of dusk and ending at dawn.
Is there a requirement for a place to be considered uninhabited?
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.
What is a band?
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.
