Professional Documents
Culture Documents
1
Page
Classification:
1.
2.
3.
4.
Generic those that generally apply to all crimes, eg. Recidivism, Aid to Minors, Advantage taken by Public Position etc.
Specific those that apply to particular crimes, eg. Ignominy, Treachery
Qualitfying those that change the nature of the crime eg. Treachery, Evident Premeditation, Cruelty, etc.
Inherent necessity accompanies the commission of the crime, eg. Sex inherent in crimes against chastity.
QUALIFYING
-
Both qualifying and generic circumstance must be alleged in the information; the prosecution cannot prove an aggravating
circumstance during trial.
Article 14 (1) Advantage Taken by Public Opinion
-
Public Officer for advantage taken to be appreciated, s/he must use the influence, prestige or ascendancy which his office
gives him as the means by which s/he realizes his purpose.
There should be a deliberate intent to use the influence, prestige or ascendancy.
Is it enough that the offender is a public officer? No, he has to use the influence, prestige or ascendancy given to him by
his office.
a police officer enters the house then ties up the residents and robs them, can the aggravating circumstance of
advantage taken of public position be appreciated? Yes.
a traffic enforcer takes over the car of a driver and speeds away, he is convicted of robbery; can the aggravating
circumstance of advantage taken of public position be appreciated? Yes.
some members of the barangay council asked for financial sponsorship for the education of the community, then the
project turned out to be false, can be aggravating circumstance of advantage taken of public position be appreciated?
Yes.
, if these crimes were attendant of negligence, passion or obfuscation, vindication or sufficient provocation, can the
aggravating circumstance of advantage taken of public position be appreciated. No, because these circumstances are
incompatible with advantage taken of public position since deliberate intent is absent in these instances.
, a police investigator asked a rape victim to enter a room where he committed acts of lasciviousness on the rape
victim, can the aggravating circumstance of advantage taken of public position be appreciated? Yes.
The aggravating circumstance of advantage taken of public position is NOT appreciated when the public position is an integral
element or inherent in the offense; in the ff crimes, public position is inherent:
-
Bribery
Indirect Bribery
RA 309
Malversation of public funds
Falsification of Public Documents
Other Crimes against Public Officers under the RPC
Basis for the aggravation: the greater perversity of (1) personal circumstances of the offender and (2) means used to secure
commission of the crime.
Article 14 (2) Contempt or Insult to Public Authorities
Requisites:
1.
Page
2.
3.
4.
Article 14 (3) Disregard of Rank, Age, Sex or Dwelling of the Offended Party
-
There are 4 circumstances in this par. Rank, age, sex, have a common denominator: respect due to offended party.
Dwelling a place or structure that satisfies the requirements of domestic life of a person
-
The crime was committed in the garage of the house, can the aggravating circumstance of dwelling be appreciated?
Yes, because the garage is part of the dwelling.
The crime was done in the roof? Yes.
A child was kidnapped in the stairs of the dwelling, there was no ransom but the child was killed in Cavite Yes, because
the stairs is still part of the dwelling.
Page