Par 6 That the crime be committed (1) in the nigttime, or (2) in an uninhabited place, or (3) by a band, whenever such

h circumstance may facilitate the commission of the crime

BASIS: means and ways employed Circumstances should be considered separately when their elements are distinctly perceived and can subsist independently

WHEN AGGRAVATING 1. 2. 3. Facilitated the commission of the crime Especially sought for by the offender to insure the commission of the crime or for the purpose of impunity Offender took advantage thereof for the purpose of impunity

Nighttime may facilitate the commission of the crime darkness of the night the crime can be perpetrated unmolested, or interference can be avoided or there would be greater certainty in attaining the ends of the offender (People vs. Matbagon)

Especially sought for IF To realize the crime with more ease (People vs Aquino) Waited for the night (People vs Barredo) Evidently waited for nightfall (People vs Baring) Lingered in the evening (People vs Lungbos) Desire to ascertain the occupants of the house were asleep, insure commission with a min. of resistance (People vs Atencio) All the members of the household were asleep (people vs. Berbal) NOT conceived only shortly before the commission (People vs Pardo) mere casual encounter (People vs Cayabyab)

Nighttime need not be specially sought for when 1. 2. If facilitated the commission of the offense, or The offender took advantage of the same to commit the crime

For the purpose of impunity prevent his being recognized or to secure himself against detection and punishment With Impunity a thing which undoubtedly the offender could not hve done in the daytime and in sight of people NIGTTIME Period of darkness beginning at the end of dusk and ending at dawn. Nights are from sunset or sunrise

Nighttime by and of itself is NOT aggravating circumstance It only becomes aggravating when: 1. 2. 3. Especially sought by the offender; OR Taken advantage of him to facilitate the commission of the crime; OR To insure his immunity from capture

The information must allege that nighttime was sought for or taken advantage of by the accused or that it facilitated in the commission of the crime. Bare statement in the information fails to satisfy the criterion

AGGRAVATING The commission of the crime must begin and be accomplished in the nigttime The offense must be actually committed in the darkness of the night. The lighting of a matchstick or use of flashlight (People vs. Berbal)

NOT AGGRAVATING Mere incidental Crime began at daytime Result of a succession of acts, without interruption Did not intentionally seek to cover of darkness and carrying a light sufficient brilliance which made it easy for the people nearby to recognize them (US vs Paraiso) Committed at daybreak when the defendant can be recognized (US vs Tampacan) When the place is illuminated by light

UNINHABITED PLACE There are no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from each other.

Not considered where the place of the commission can be seen and the voice of the deceased could be heard from a nearby house. (people vs Laoto) Victims are occupants of the ONLY house in the place, crime is committed in an uninhabited place.

DETERMINING FACTOR Whether or not in the place of the commission of the offense there was a reasonable possibility of the victim receiving some help

Solitude must be sought to better attain the criminal purpose Offender must choose the place an as aid either: 1. 2. To an easy and uninterrupted accomplishment of the criminal designs; OR To insure concealment of the offense AGGRAVATING NOT AGGRAVATING

 Felony was perpetrated in the open sea

(People vs. Nulla) Where help to the victim was difficult and the escape of the accused seemed easy (People vs Atitiw) Isolated place that resembled that of an abandoned subd. (People vs Ong)

The offended party was casually

encountered by the accused and the latter did not take advantage of the place (people vs Luneta)

BAND

More than three armed malefactors shall have acted together in the commission of an offense.
The armed men must act together in the commission of the crime. Must be composed of more than three armed persons. Stone is included in the term arms. (People vs. Manlolo) If one of the four armed persons is a principal by inducement DO NOT form a band o o Principal by inducement has no direct participation in the perpetration All the armed men, at least four in number, must take direct part in the execution of the act constituting the crime

Not applicable in crimes against chastity Inherent in brigandage

AGGRAVATING Crimes against property; or Against persons; or In the crime of illegal detention or treason In robbery with homicide

Par 7 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 REASON FOR THE AGGRAVATION: adds to their suffering by taking advantage of their misfortune to despoil them. The offender must take advantage of the calamity or misfortune Chaotic conditions after liberation is not included under this paragraph Chaotic condition resulting from war or the liberation of the Philippines during the last World War.

Par 8 That the crime be committed with the aid of (1) armed men or, (2) persons who insure or afford impunity
BASIS: means and ways of committing the crime

REQUISITES: 1. 2. Armed men or persons took part in the commission of the crime, directly or indirectly That the accused availed himself of their aid or relied upon them the crime was committed

Casual presence of armed men does not constitute an aggravating circumstance when the accused did not avail himself of their aid or rely upon them to commit the crime. The armed men must take part directly or indirectly

EXCEPTION: 1. 2. Both the attacking part and the party attacked were equally armed A.C. Not present when accused as well as those who cooperated with him in the commission of the crime acted under the same plan and the same purpose.

By a Band vs. Aid of armed men

Band: required more than 3 malefactors shall have acted together in the commission of an offense. Aid of armed men: present even if one of the offenders merely relied on their aid.

(*) if there are 4 armed men, aid of armed men is absorbed in employment of a band. If there are 3 armed men or less, aid of armed men may be aggravating circumstance. * Aid of armed women is aggravating in kidnapping and serious illegal detention.

Par 9 That the accused is a recidivist

Recidivist 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 RPC

REQUISITES: 1. 2. 3. 4. offender is on trial for an offense was previously convicted by final judgement of another crime; first and the second offenses are embraced in the same title of the Code offender is convicted of the new offense

At the time of trial of one crime NOT the time of the commission of the crime. o At the time of trial employed in its general sense, including the rendering of the judgement

No recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior conviction

JUDGEMENT BECOMES FINAL 1. 2. After the lapse of the period for perfecting an appeal When the sentence has been partially or totally satisfied or served

3. 4.

The accused has waived in writing his right to appeal [ w/in 15 days ] The accused has applied for probation

The present crime and the previous crime must be embraced in the same title of this Code There is recidivism even if the lapse of time between two felonies is more than 10 years. o No matter how many years intervened

Pardon does not obliterate the fact that the accused was a recidivist Amnesty extinguishes the penalty and its effect.

Par 10 that the offender has been previously punished for 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
REQUISITES: 1. 2. Accused is on trial for an offense 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 that that for the new offense; and He is convicted of the new offense.

3.

Has been previously punished Accused served sentence for another offense or sentences for other offenses before his trial for the new offense.

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

The penalty for the first offense must at least be equal to that for the second offense Law requires only FINAL JUDGEMENT in recidivism It is the penalty attached to the offense, not the penalty actually imposed. Reiteracion or Habituality NOT ALWAYS AGGRAVATING RECIDIVISM Final judgement has been rendered in the first offense Offenses be included in the same title of RPC Fixing the penalty to be imposed upon the accused

REITERACION Served out his sentence for the first offense Previous and subsequent offenses must not be embraced in the same title of RPC Always an aggravating circumstance

FORMS: 1. 2. Recidivism Reiteracion or habituality

3. Multi-recidivism or habitual delinquency when a person, w/in a period of 10 years from the date of release or last
conviction of the crimes of serious or less physical injuries, robbery, theft, estafa, or falsification, is found guilty of any of said crimes a third time or oftener.

4. Quasi-recidivism person who shall commit a felony after having been convicted by final judgement, before beginning the 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.