TIAMA, 2013 |1

ARTICLE 14: AGGRAVATING CIRCUMSTANCES

Paragraph/Provision (1) Advantage of public position Requisites 1. Public official 2. Use influence, prestige, and ascendancy which such office gives him as a means by which he realized his purpose (2) Contempt of or insult to the Requisites public authorities 1. Public authority must be engaged in the performance of Nature: generic his official duty Basis: greater criminal perversity 2. Public authority must not be the by offenders lack of respect person against whom the crime is committed 3. The offender knows him to be a public authority (3) Disregard of rank, age, sex, or Requisite deliberate intent to dwelling of offended party offend/ insult the rank, age, or sex Nature: generic and specific (apply Requisites (Dwelling) 1. Dwelling of the offended only to crimes against persons or party honor, not against property) 2. No provocation on the op Basis: greater criminal perversity 3. Specific evidence of on personal circumstances and place of situs criminis disregarding the respect of law Common element: respect in anothers dwelling Important Notes Public position is inherent: bribery, indirect bribery

Public authority (PA) an person directly vested with jurisdiction, whether as an individual or as a member of some court of govt-owned or controlled corp., board, or commission Person in authority = PA Agent PA This aggravating circumstances are not applicable to cases attendant of negligence or careless, passion or obfuscation, immediate vindication (?), or those with sufficient provocation (op) because of the lack of intent Can be considered separately against the offender if they concur in the same case There should be direct relationship and trust Confidence must be immediate and personal Ungratefulness must be obvious, manifest, and clear

Rank + 14(1) = yes Age: gap of at least 15yrs Mistook sex aggravating Dwelling place of abode where the op resides and which satisfies the requirements of his domestic life Sanctity of privacy for dwelling Op and offender, same dwelling not aggravating Xpn: house and store, op provoked, occupants (?)

(4) Abuse of confidence or obvious ungratefulness Nature (ac): generic; qualifying on crimes of qualified theft, qualified seduction, malversation, estafa Nature (ou): generic Basis: greater perversity of the ways and means employed

Requisites (ac) 1. Op trust the offender 2. Abused of trust 3. Offender took advantage of the trust Requisites (ou) [J.Tang] 1. Generosity received by the offender 2. Extent of such generosity to the offender

TIAMA, 2013 |2 (5) Palace of the CE, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship Nature: generic Basis: place deserves respect (6) Nighttime, uninhabited place, or by band Nature: generic Incompatible with negligence, p/o, and sp deliberate intent required Palace Malacanang Palace Public authorities are not required to be in the exercise of their functions Lawn palace Presidential mansion palace Requisites 1. When it facilitated the commission of the crime (objective test) 2. Sought by the offender to ensure the commission of the crime (subjective test) 3. Offender took advantage such circumstance for purpose of impunity Requisites 1. There is a c/m at the time the crime was committed 2. Deliberately sought to facilitate the commission of crime 3. Took advantage of the occasion Requisites 1. Armed 2. Took part 3. Availed or relied Requisites 1. Offender, on trial for an offense 2. Offender, previously convicted by final judgment of another crime 3. Both first and second offenses are embraced in the same title of RPC President personally saw the crime = aggravating President saw the crime by coincidence aggravating Offender need not have the knowledge that the CE was present or near the situs criminis for it to be considered aggrav All three are incompatible w p/o & sp deliberate intent required Nighttime dusk -> dawn; or sunset -> sunrise It is not enough that it is nighttime, what is material is the darkness of the night Nighttime inapplicable to accidental mtgs, chance encounters, spurs of the moment Incompatible with negligence or carelessness, p/o, and sp deliberate intent required Inapplicable to accidental mtgs, chance encounters, spurs of the moment 2-3 men = aam; 4 men = band Casual presence of aam Direct/indirect participation = Moral/psychological aid = Conspiracy aam as aggravatg Recidivist one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC Reyes: PA must be in the exercise of their functions; Amurao: PA need not be in the exercise of their functions. Only the place is material Place of religious worship (prw) place where religious ceremonies are regularly hold Cemetery chapels prw Uninhabited place one where there are no houses at all; distant from the town; WON in the situs criminis, there was reasonable possibility of the op receiving some help Band defined by law as more than 3 armed malefactors Armed anything that can kill a person (ie. guns, knives) Conflagration -

(7) Calamity or misfortune (c/m) Nature: qualifying Basis: adds to the suffering by taking advantage of the misfortune to despoil them (8) Aid of armed men or persons Nature: qualifying Basis: means and ways of committing the crime (9) Recidivism Nature: generic Basis: inclination to crimes

Persons who insure or afford impunity; should have or be in a position to afford impunity Judge = yes Employee, sec, mistress = no Incompatible with p/o, and sp, and spur of the moment Pardon does not obliterate the fact that the accused was a recidivist Time or period between offenses is immaterial Violation of special penal laws

TIAMA, 2013 |3 (9) Recidivism

-continuation-

At the time of his trial including the rendering of judgment At the trial arraignment > judgment announced Quasi-recidivist person who shall commit felony after having been convicted by final judgment before beginning to serve such sentence or while serving such sentence
Requisites 1. Offender, on trial for an offense 2. Offender, previously served sentence for another offense to which the law attaches: Equal or greater penalty, or 2 or more crimes with lighter penalty than the new offense 3. Offender, convicted for the new offense Four forms of repetition 1. Recidivism 2. Reiteracion 3. Habitual delinquency/ multirecidivism 4. Quasi-recidivism

Final conviction 1. Prescribed without motion for reconsideration perfecting an appeal from judgment of conviction: 15days from promulgation of judgment 2. Sentence totally/partially served 3. Accused, waived right to appeal 4. Accused applied for probation
If only one offense, present must be punishable by equal or greater penalty nd 2 crime is punishable by spl reiteracion Articles 13,14, 15 are not applicable to spl crimes Habitual delinquency when a person within 10years from the date of release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, found guilty rd for as 3 time or oftener. A habitual delinquent shall suffer additional penalty

Recidivist vs Quasi-recidivist 1 and 2nd 1st crime = crime = RPC/SPL RPC felonies 2nd crime = RPC only Generic Special Can be offset Cannot be offset
st

(10) Reiteracion or habituality Nature: generic Basis: inclination to crimes

Recedivism vs Reiteracion Final Final judgment is judgment + enough sentence served 1st, 2nd crime = 1st, 2nd crime = RPC RPC or not Always taken Not always an considered in aggravating terms of circumstance penalty to be imposed

(11) Consideration of price, reward, promise (prp) Nature: qualifying; generic if it concurs with qualifying circ. Basis: greater moral depravity on the part of the offeror and the acceptor (12) By means of inundation, fire,, or by the use of any other artifice involving great waste and ruin Nature: qualifying Basis: means and ways employed

Elements 1. PRP must be the sole motivating factor in the commission of the crime 2. Principal a. By inducement offeror b. By direct participation acceptor Distinction: 14(7) refers to the occasion of a calamity or misfortune when the crime was committed 14(12) refers to the means employed in the commission of the crime

Aggravating circumstance equally against the offeror and the acceptor Price need not be in money only It is not necessary that the prp has actually been received
Inherent and not an aggravating circumstance on the ff: Fire arson Derailment of locomotive damage to means of communication Explosion (w/o intent to kill) destruction to property

Evident premeditation and prp are not incompatible maybe appreciated together

TIAMA, 2013 |4 (13) Evident premeditation (ep) Nature: qualifying Basis: greater perversity as shown in the offenders tenacious persistence to commit the crime Requisites 1. Time when the offender determined to commit the crime 2. (Time the crime was committed for computing the lapse of time) 3. Act manifestly indicating that the offender clung to his determination; thru overt acts 4. Sufficient interval of time between determination and the execution of the crime allowing him to reflect upon the consequences of his act and to allow conscience to overcome the resolution of his will Craft involves intellectual trickery and cunning on the part of the offender Fraud insidious words or machinations to induce victim Disguise resorting to any device to conceal identity or to prevent recognition Superior strength denotes the use of excessive force out of proportion to the ops available means to defend himself (ie. age, size, strength) Inequality of forces between the op and the offender Evident premeditation the essence of such is that the execution of the criminal act must be preceded by cool though and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment Sufficient time reasonable opportunity to ponder and reflect upon the consequences Manalinde ruling premeditation may exist even if there was no predetermined victim Incompatible with negligence or carelessness, p/o, sp, and spurs of the moment deliberate intent required Compatible with vindication Error in personae & aberratio ictus ep (xpn: plan to kill anyone) Suppositions/presumptions ep Animosities, grudgest, or hostile posturing ep An expression of hatred does not necessarily imply a resolution to commit a crime (PvsAbadies) Ep not inherent in robbery w/ homi

(14) Craft, fraud, or disguise be employed (cfd) Nature: qualifying Basis: means employed

Fraud is inherent in estafa Wardrobe malfunction = disguise = aggravating Treachery absorbs cfd

(15) Superior strength or means be employed to weaken the defense Nature: qualifying Basis: greater criminal perversity on the part of the offender who deliberately uses his superior strength in order to assure the commission of the crime

Deliberate intent required Alternate attack aggravating Parricide superior strength Superior strength is inherent in rape Treachery absorbs superior strength and means to weaken the defense Means employed to weaken the defense should be specifically alleged in the information

Band vs Superior Strength More than 3 Offenders armed took malefactor advantage of regardless of their collective strength strength Indispensable Indispensable components: components: at least four relative malefactors, physical might all are armed not the number nor armed/not

TIAMA, 2013 |5 (16) Treachery (alevosia) Nature: qualifying, specific (because it applies only to crimes against persons) Basis: Essence: the attack is deliberate and without warning for the victim to resist or escape Treachery when the offender commits any of the crimes against person, employing means, methods, or forms in the execution thereof which ten directly and specially to insure its execution, without risk to himself arising from the defense which the op might make Requisites 1. Op was not in a position to defend himself (ie. unarmed) 2. Means, method, or form of the attack was consciously adopted Tests in Treachery 1. Sudden and expected attack? 2. Op given a chance for defense? Means, deliberate and consciously adopted? [most impt] Rules Regarding Treachery 1. Applicable only to crimes against persons 2. Means, methods, forms need not insure accomplishment of crime; only to insure execution 3. Mode of attack must be consciously adopted Ignominy circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime Ignominy must be alleged in the information Incompatible with negligence or carelessness, p/o, sp, and spurs of the moment deliberate intent required Can co-exist with voluntary confession, surrender, vindication Cannot be offset by ordinary or privileged mitigating circ Treachery absorbs14(1-8,11-15) 14(13) is absorbed in murder 14(14,15) absorbed in rape Warned before being attacked Attacked while sleeping = Attacked while just waking up = Child of tender years = treachery Location of the wound, Agreement to fight = just a presumption of treachery Sudden attack + no intention = no treachery Treachery must be proved by clear and convincing evidence Treachery is never presumed Treachery must be present at the inception of the attack. If absent and the attack is continuous, treachery, even if present at a subsequent stage, is not to be considered, unless, it is present at the beginning of the attack Treachery must be alleged in the information Conspiracy = treachery is considered against all accused

(17) Ignominy Nature: qualifying Basis: means employed Effect: the crime becomes more humiliating or to put the op to shame

Applicable to crimes against Chastity Less serious phy injuries Light/grave coercion Murder Victim was already dead Crime committed in a public place, many persons

Rape, wanton robbery for personal gain, and other forms of cruelties are condemned and the perpetration of these will be regarded as aggravating circumstances of ignominy and of deliberately augmenting unnecessary wrongs to the criminal objective

TIAMA, 2013 |6 (18) Unlawful entry (ue) Unlawful entry when an Unlawful entry must be used as Nature: generic entrance is effected by a way not a means of entrance and not for Basis: means and ways employed; intended for the purpose escape greater perversity displayed by the Unlawful entrance must be Breaking a wall = ue accused who defies protective alleged in the information covers set up by man for his personal safety and privacy (19) Breaking wall Nature: generic Basis: means and ways employed Requisites 1. Wall, roof, floor, door, or window be broken 2. To effect entrance only 3. Should be as a means to commit the crime Requisites (motor vehicle) 1. Deliberately seek for the use of the vehicle 2. Motor vehicle must be the means used to commit the crime Breaking wall is inherent in robbery with force upon things Distinction bet. (18) and (19): Unlawful entry exists only when entrance into a bldg. is made a way not for the purpose of entry Involves taking advantage of the childs immaturity or innocence Use of motor vehicle is inherent in the crime of carnapping Ue is inherent in the ff: Violation of domicile Evasion of service of sentence Trespass to dwelling Robbery in an inhabited/uninhabited place

(20) Aid of person under fifteen of age, or by means of motor vehicles, airships, or other similar means Nature: generic; qualifying use of motor vehicles Basis: greater criminal perversity on the part of the offender as to the means to means to facilitate the commission of the crime (21) Cruelty (ensanamiento) Nature: qualifying Basis: ways employed

Motorized bikes = mv Motorized bike, motor not used

Cruelty when the culprit enjoys and delights in making his victim suffer slowly, gradually, causing him unnecessary physical pain in the consummation of the criminal act

Requisites 1. Injury caused be deliberately increased by causing another wrong 2. Other wrong be unnecessary for the execution of the purpose of the offender Test of Cruelty 1. Whether the offender deliberately and sadistically augmented the wrong by causing another wrong 2. Whether the offender enjoyed and delighted in making the op suffer

Number of wounds is not the test to determine cruelty Cruelty cannot be presumed No cruelty if offender is under the effect of drugs that diminished his mental capacity No cruelty if intention was not to make the victim suffer but to conceal the corpus delicti No cruelty if the acts were committed after the victim died Ignominy = moral suffering Cruelty = physical suffering

TIAMA, 2013 |7 (Article 248, RPC) Outraging or scoffing at the person of the victim or his corpse Nature: qualifying Effect: elevates the killing from homicide to murder Outrage to subject to gross insult Scoff to show contempt by derisive acts or language Scoffing must be alleged in the information Scoffing may be deducible from the information tho not alleged Scoffing no proof that act was to insult the op Scoffing speculation

(RA 9165) Under the influence of drugs Use of an unlicensed firearm

Nature: qualifying Effect: homicide to murder even in the absence of treachery Nature: special Effect: increase the penalty to the maximum; no separate prosecution