Article 14

Question 1

Aggravating

Answer 1

Those which serve to increase the the penalty, without however exceeding the maximum of the penalty provided by law for the offense

Question 2

Aggravating is based on the following circumstances

Answer 2

1) motivating power itself
2) place of commission
3) time
4) means and ways employed
5) personal circumstances of offended or offender

Question 3

Kinds of aggravating

Answer 3

1) generic
2) special
3) qualifying
4) inherent

Question 4

Generic Aggravating
v.
Qualifying Aggravating

Answer 4

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

Question 5

Aggravating circumstances which do not have effect of increasing penalty

Answer 5

1) crime is specially punishable by law

2) included by the law in defining a crime and prescribing the penalty

Question 6

Aggravating circumstances which are personal to offenders

Answer 6

1) from moral attributes of offender
2) private relations with offended party
3) any other personal cause

Question 7

Aggravating circumstances which depend upon knowledge of offenders

Answer 7

1) material execution of the act

2) means employed to accomplish it

Question 8

Requisites of contempt or insult to public authorities

Answer 8

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

Question 9

Sex not aggravating in:

Answer 9

1) due to passion or obfuscation
2) there is a relationship
3) being a woman is indispensable in crime

Question 10

Dwelling

Answer 10

building or structure exclusively used for REST and COMFORT

Question 11

What aggravates dwelling:

Answer 11

1) abuse of confidence through opening the door

2) violation of sanctity of home

Question 12

Circumstances for provocation:

Answer 12

1) given by offended party
2) sufficient
3) immediate to the commission of the crime

Question 13

Requisites of abuse of confidence

Answer 13

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

Question 14

Requisites of nighttime, uninhabited place or band

Answer 14

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

Question 15

Uninhabited place

Answer 15

No houses at all, considerable distance, scattered at great distance

Question 16

Band

Answer 16

Whenever MORE THAN 3 ARMED MALEFACTORS shall have ACTED TOGETHER in the commission of the offense

Question 17

Requisites of armed men

Answer 17

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

Question 18

Recidivist

Answer 18

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

Question 19

Requisites of recidivist

Answer 19

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

Question 20

Requisites of Reiteracion/Habituality

Answer 20

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

Question 21

Habitual Delinquent

Answer 21

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

Question 22

Quasi-recidivist

Answer 22

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

Question 23

Requisites of evident premeditation

Answer 23

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

Question 24

Elements of a band

Answer 24

1) At least 4 malefactors

2) All of the four malefactors are armed

Question 25

Elements of treachery

Answer 25

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

Question 26

Ignominy

Answer 26

Circumstance pertaining to MORAL ORDER which adds DISGRACE and OBLOQUY to material injury

Question 27

Unlawful entry

Answer 27

Entrance was effected by a way not intended for the purpose

must be for ENTRANCE, not escape

Question 28

Requisites of cruelty

Answer 28

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 29

Cruelty

Answer 29

Culprit ENJOYS and DELIGHTS in making the victim suffer through PHYSICAL PAIN