Article 14 Flashcards
Aggravating
Those which serve to increase the the penalty, without however exceeding the maximum of the penalty provided by law for the offense
Aggravating is based on the following circumstances
1) motivating power itself
2) place of commission
3) time
4) means and ways employed
5) personal circumstances of offended or offender
Kinds of aggravating
1) generic
2) special
3) qualifying
4) inherent
Generic Aggravating
v.
Qualifying Aggravating
Generic
- increase penalty to maximum
- can be offset by mitigating
- if not alleged in info, can be proven in trial
Qualifying
- gives crime its proper name; penalty provided for that
- CANNOT be offset by mitigating
- MUST be alleged in info
Aggravating circumstances which do not have effect of increasing penalty
1) crime is specially punishable by law
2) included by the law in defining a crime and prescribing the penalty
Aggravating circumstances which are personal to offenders
1) from moral attributes of offender
2) private relations with offended party
3) any other personal cause
Aggravating circumstances which depend upon knowledge of offenders
1) material execution of the act
2) means employed to accomplish it
Requisites of contempt or insult to public authorities
1) public authority is engaged in exercise of his functions
2) public authority is not the person against whom the crime is committed
3) offenders knows him to be a public authority
4) his presence has not prevented the offender from committing the criminal act
Sex not aggravating in:
1) due to passion or obfuscation
2) there is a relationship
3) being a woman is indispensable in crime
Dwelling
building or structure exclusively used for REST and COMFORT
What aggravates dwelling:
1) abuse of confidence through opening the door
2) violation of sanctity of home
Circumstances for provocation:
1) given by offended party
2) sufficient
3) immediate to the commission of the crime
Requisites of abuse of confidence
1) offended party has trusted the offender
2) offender abused such trust by committing a crime against the offended party
3) abuse of confidence FACILITATED the commission of the crime
Requisites of nighttime, uninhabited place or band
1) When it FACILITATED the commission of the crime
2) When ESPECIALLY SOUGHT for by the offender
3) When the offender TOOK ADVANTAGE of it
Uninhabited place
No houses at all, considerable distance, scattered at great distance
Band
Whenever MORE THAN 3 ARMED MALEFACTORS shall have ACTED TOGETHER in the commission of the offense
Requisites of armed men
1) ARMED MEN took part in the commission of the crime DIRECTLY or INDIRECTLY
2) Accused AVAILED himself of their aid or RELIED UPON them when the crime was committed
Recidivist
One who, at the time of the trial for one crime, shall have been previously convicted by final judgment of another crime embraced n the same title of the RPC
Requisites of recidivist
1) Offender is ON TRIAL for an offense
2) He was PREVIOUSLY CONVICTED by final judgment of another crime
3) Both offenses are embraced in SAME TITLE of RPC
4) Offender is CONVICTED of the NEW OFFENSE
Requisites of Reiteracion/Habituality
1) Accused is on trial for an offense
2) He previously served sentence for another offense to which the law attaches an equal or greater penalty, or for 2 or more crimes to which it attaches lighter penalty than that for the new offense
3) He is convicted of the new offense
Habitual Delinquent
When a person, within a period of 10 years from date of his release or last conviction of the crimes of
(1) serious or less serious physical injuries
(2) robbery
(3) theft
(4) estafa
(5) falsification
is found guilty of any of said crimes a 3rd time or oftener
Quasi-recidivist
A person who after conviction by final judgment, commits a felony BEFORE or WHILE SERVING the same
shall be punished in MAXIMUM period of the NEW felony
Requisites of evident premeditation
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 him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will
Elements of a band
1) At least 4 malefactors
2) All of the four malefactors are armed
Elements of treachery
1) At the time of the attack, the victim was…Not in a position to defend himself
2) The offender consciously adopted the particular means, method or form of attack employed by him
Ignominy
Circumstance pertaining to MORAL ORDER which adds DISGRACE and OBLOQUY to material injury
Unlawful entry
Entrance was effected by a way not intended for the purpose
must be for ENTRANCE, not escape
Requisites of cruelty
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
Cruelty
Culprit ENJOYS and DELIGHTS in making the victim suffer through PHYSICAL PAIN
