Art 14. Aggravating circumstances.

The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due to the offended party
on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if
the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where
public authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.
6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.

There is treachery when the offender commits any of the crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for the purpose.
19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by means of
motor vehicles, airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commission.

Whenever more than three armed malefactors shall have acted together in the commission of an
offense it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.

1. 1.

2. The commission of the crime would not have been possible without the powers, resources and
influence of the office he holds.

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.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.

Requisites:

1. The offender is a public officer

A recidivist is 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 this Code.

11. That the crime be committed in consideration of a price, reward, or promise.

That advantage be taken by the offender of his public position

Essential Public officer used the influence, prestige or ascendancy which his office gives him as
the means by which he realized his purpose.

Failure in official is tantamount to abusing of office

Wearing of uniform is immaterial what matters is the proof that he indeed took advantage of his
position

1. 2.

That the crime be committed in contempt of or with insult to the public authorities

Requisites:

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).

1. The offender knows that a public authority is present

2. The public authority is engaged in the exercise of his functions
3. The public authority is not the victim of the crime
4. The public authoritys presence did not prevent the criminal act

Example: Juan and Pedro are quarrelling and the municipal mayor, upon passing by, attempts to

2. there exists a relation between the offender and the victim (but in cases of divorce decrees where

stop them. Notwithstanding the intervention and the presence of the mayor, Juan and Pedro
continue to quarrel until Juan succeeds in killing Pedro.

there is a direct bearing on their child, it is applicable)

3. the condition of being a woman is indispensable in the commission of the crime (Ex. Parricide,

Person in authority public authority who is directly vested with jurisdiction, has the power to

rape, abduction)

govern and execute the laws

Examples of Persons in Authority

1. Governor
2. Mayor
3. Barangay captain
4. Councilors

Requisite of disregard to rank, age, or sex

1. Crimes must be against the victims person or his honor

2. There is deliberate intent to offend or insult the respect due to the victims rank, age, or sex

Disregard to rank, age, or sex is absorbed by treachery or abuse of strength

Dwelling must be a building or structure exclusively used for rest and comfort (combination house

5. Government agents

and store not included)

6. Chief of Police

Rule not applicable when committed in the presence of a mere agent.

Agent subordinate public officer charged with the maintenance of public order and protection and
security of life and property

1. may be temporary as in the case of guests in a house or bedspacers

2. basis for this is the sanctity of privacy the law accords to human abode

dwelling includes dependencies, the foot of the staircase and the enclosure under the house

Elements of the aggravating circumstance of dwelling

Example: barrio vice lieutenant, barrio councilman

1. 3.

That the act be committed:

(1) with insult or in disregard of the respect due to the offended party on account of his (a) rank,

1. Crime occurred in the dwelling of the victim

2. No provocation on the part of the victim

Requisites for Provocation: ALL MUST CONCUR

(b) age, (c) sex or

(2) that it be committed in the dwelling of the offended party, if the latter has not given
provocation.

1. given by the owner of the dwelling

2. sufficient
3. immediate to the commission of the crime

circumstances (rank, age, sex) may be taken into account only in crimes against persons or honor,
it cannot be invoked in crimes against property

When dwelling may and may not be considered

Rank refers to a high social position or standing by which to determine ones pay and

When it may be considered

emoluments in any scale of comparison within a position

Age the circumstance of lack of respect due to age applies in case where the victim is of tender

although the offender fired the shot

age as well as of old age

from outside the house, as long as his

Sex refers to the female sex, not to the male sex; not applicable when

victim was inside

1. The offender acted w/ PASSION AND OBFUSCATION

even if the killing took place outside

the dwelling, so long as the

When it may not be considered

commission began inside the dwelling

when adultery is committed in the

dwelling of the husband, even if it is
also the dwelling of the wife, it is still
aggravating because she and her
paramour committed a grave offense
to the head of the house

5. qualified seduction
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or when public
authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

Requirements of the aggravating circumstance of public office:

A polling precinct is a public office during election day

Nature of public office should be taken into account, like a police station which is on duty 24 hrs. a

In robbery with violence against

day

persons, robbery with homicide,

abduction, or illegal detention

regardless of whether State or official; functions are being held.

If the offended party has given

provocation

place of the commission of the felony (par 5): if it is Malacaang palace or a church is aggravating,
as regards other places where public authorities are engaged in the discharge of their duties, there
must be some performance of public functions

If both the offender and the offended

party are occupants of the same

the offender must have intention to commit a crime when he entered the place

Requisites for aggravating circumstances for place of worship:

dwelling

In robbery with force upon things, it is

1. The crime occurred in the public office

inherent

2. Public authorities are actually performing their public duties

4. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness
Requisites of Abuse of Confidence Requisite of Obvious Ungratefulness
a)
Offended party has trusted the a)
ungratefulness must be obvious, that
offender
is, there must be something which the
offender should owe the victim a debt of
b)
Offender abused such trust
gratitude for
c)

Abuse of confidence facilitated

the commission of the crime

Note: robbery or theft committed by a visitor

in the house of the offended party is
aggravated by obvious ungratefulness

Example: A jealous lover, already determined to kill his sweetheart, invited her for a ride and during
that ride, he stabbed her

Abuse of confidence is inherent in:

1. malversation
2. qualified theft
3. estafa by conversion
4. misappropriation

1. The crime occurred in a place dedicated to the worship of God regardless of religion
2. Offender must have decided to commit the crime when he entered the place of worship
When Paragraph 2 and 5 of Article 14 are applicable
Committed in the presence of the Chief Committed in contempt of Public
Executive, in the Presidential Palace or a Authority
place of worship(Par. 5, Art. 14)
(Par. 2, Art 14)
Public authorities are performing of their
duties when the crime is committed
When crime is committed in the public
office, the officer must be performing his
duties, except in the Presidential Palace
Public authority may be the offended
party

Same
Outside the office (still performing duty)
Public authority is not be the offended
party

6a. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place (3) by a band,
whenever such circumstances may facilitate the commission of the offense.

Nighttime, Uninhabited Place or By a Bang Aggravating when:

Impunity means to prevent the accuseds being recognized or to secure himself against

3. Taken advantage of for the purposes of impunity

detection or punishment

4. There must be four or more armed men

Nighttime begins at the end of dusk and ending at dawn; from sunset to sunrise

Uninhabited Place one where there are no houses at all, a place at a considerable distance from
town, where the houses are scattered at a great distance from each other

1. it facilitated the commission of the crime

2. especially sought for by the offender to insure the commission of the crime or for the purpose of

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune

Requisites:

1. Committed when there is a calamity or misfortune

impunity
3. when the offender took the advantage thereof for the purpose of impunity
4. commission of the crime must have began and accomplished at nighttime
1. commission of the crime must begin and be accomplished in the nighttime
2. when the place of the crime is illuminated by light, nighttime is not aggravating
3. absorbed by Treachery
Requisites:
1. The place facilitated the commission or omission of the crime
2. Deliberately sought and not incidental to the commission or omission of the crime
3. Taken advantage of for the purpose of impunity

what should be considered here is whether in the place of the commission of the offense, there was
a reasonable possibility of the victim receiving some help

6b. Whenever more than 3 armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.

Requisites:

if one of the four-armed malefactors is a principal by inducement, they do not form a band because
it is undoubtedly connoted that he had no direct participation,

1. Conflagration
2. Shipwreck
3. Epidemic
2. Offender took advantage of the state of confusion or chaotic condition from such misfortune

Basis: Commission of the crime adds to the suffering by taking advantage of the misfortune.

based on time

offender must take advantage of the calamity or misfortune

Distinction between Paragraphs 7 and 12 of Article 14

Committed during a calamity or misfortune Committed with the use of wasteful means
Crime is committed DURING any of the
Crime is committed BY using fire,
calamities
inundation, explosion or other wasteful
means
8. That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford
impunity

based on the means and ways

Requisites:

Exceptions:

1. that armed men or persons took part in the commission of the crime, directly or indirectly
2. that the accused availed himself of their aid or relied upon them when the crime was committed

Band is inherent in robbery committed in band and brigandage

It is not considered in the crime of rape

1. when both the attacking party and the party attacked were equally armed

It has been applied in treason and in robbery with homicide

2. not present when the accused as well as those who cooperated with him in the commission of the

1. Facilitated the commission of the crime

2. Deliberately sought

crime acted under the same plan and for the same purpose.

3. Casual presence, or when the offender did not avail himself of any of their aid nor did not knowingly
count upon their assistance in the commission of the crime
WITH THE AID OF ARMED MEN
Present even if one of the offenders
merely relied on their aid. Actual aid is
not necessary

BY A BAND
Requires more than 3 armed
malefactors who all acted together in
the commission of an offense

if there are more than 3 armed men, aid of armed men is absorbed in the employment of a band.

A: No. Because the judgment in any of the first two offenses was not yet final when he was tried for the
third offense

Recidivism must be taken into account no matter how many years have intervened between the
first and second felonies

Pardon does not obliterate the fact that the accused was a recidivist, but amnesty extinguishes the
penalty and its effects

To prove recidivism, it must be alleged in the information and with attached certified copies of the
sentences rendered against the accused

9. That the accused is a recidivist

Exceptions: if the accused does not object and when he admits in his confession and on the
witness stand.

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

10. That the offender has been previously punished for an offense to which the law attaches an equal or

Basis: Greater perversity of the offender as shown by his inclination to commit crimes

greater penalty or for two or more crimes to which it attaches a lighter penalty

Requisites:

What is controlling is the time of the trial, not the time of the commission of the offense. At the time

served sentence.

of the trial means from the arraignment until after sentence is announced by the judge in open
court.

When does judgment become final? (Rules of Court)

Example of Crimes embraced in the Same title of the RPC

Q: The accused was prosecuted and tried for theft, robbery and estafa. Judgments were read on
the same day. Is he a recidivist?

1. offender is on trial for an offense

2. he was previously convicted by final judgment of another crime

Reiteracion or Habituality it is essential that the offender be previously punished; that is, he has

Par. 10 speaks of penalty attached to the offense, not the penalty actually imposed
REITERACION

Necessary that offender shall have

served out his sentence for the first
sentence
Previous and subsequent offenses must
not be embraced in the same title of the
Code
Not always an aggravating circumstance

RECIDIVISM
Enough that final judgment has been
rendered in the first offense
Same title
Always aggravating

3. that both the first and the second offenses are embraced in the same title of the RPC
4. the offender is convicted of the new offense

4 Forms of Repetition

Habitual Delinquency when a person within a period of 10 years from the date of his release or

1. after the lapse of a period for perfecting an appeal

last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or

2. when the sentence has been partially or totally satisfied or served

falsification is found guilty of any of said crimes a third time or oftener.

3. defendant has expressly waived in writing his right to appeal

4. the accused has applied for probation
1. robbery and theft title 10
2. homicide and physical injuries title 8

Quasi-Recidivism any person who shall commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while serving the same, shall be punished
by the maximum period of the penalty prescribed by law for the new felony

1. Recidivism generic
2. Reiteracion or Habituality generic

3. Multiple recidivism or Habitual delinquency extraordinary aggravating

2. an act manifestly indicating that the culprit has clung to his determination

4. Quasi-Recidivism special aggravating

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

11. That the crime be committed in consideration of a price, reward or promise.

14. That (1) craft, (2) fraud, or (3) disguise be employed

Requisites:

Craft involves intellectual trickery and cunning on the part of the accused.

1. At least 2 principals
It is employed as a scheme in the execution of the crime (e.g. accused pretended to be members of the
1. The principal by inducement

constabulary, accused in order to perpetrate rape, used chocolates containing drugs)

2. The principal by direct participation

would enable the offender to carry out his design.

2. the price, reward, or promise should be previous to and in consideration of the commission of the
criminal act

Fraud involves insidious words or machinations used to induce victim to act in a manner which

as distinguished from craft which involves acts done in order not to arouse the suspicion of the
victim, fraud involves a direct inducement through entrapping or beguiling language or

Applicable to both principals.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding a

machinations

Disguise resorting to any device to conceal identity. Purpose of concealing identity is a must.

vessel or intentional damage thereto, or derailment of a locomotive, or by use of any other artifice
involving great waste or ruin.

Requisite: The wasteful means were used by the offender to accomplish a criminal purpose

13. That the act be committed with evident premeditation

Distinction between Craft, Fraud, and Disguise

Craft

Involves the use of

Involves the use of direct
intellectual trickery and
inducement by insidious
cunning to arouse suspicion words or machinations
of the victim

Essence of premeditation: the execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of time sufficient to

Requisites:

Conspiracy generally presupposes premeditation

When victim is different from that intended, premeditation is not aggravating. Although it is not

Disguise
Involves the use of
devise to conceal
identity

Requisite: The offender must have actually taken advantage of craft, fraud, or disguise to facilitate
the commission of the crime.

arrive at a calm judgment

Fraud

Inherent in: estafa and falsification.

15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the
defense

necessary that there is a plan to kill a particular person for premeditation to exist (e.g. plan to kill
first 2 persons one meets, general attack on a villagefor as long as it was planned)

To purposely use excessive force out of the proportion to the means of defense available to the
person attacked.

The premeditation must be based upon external facts, and must be evident, not merely suspected
indicating deliberate planning

Requisite of Means to Weaken Defense

Evident premeditation is inherent in robbery, adultery, theft, estafa, falsification, and etc.

To weaken the defense illustrated in the case where one struggling with another suddenly throws
a cloak over the head of his opponent and while in the said situation, he wounds or kills him. Other

1. the time when the offender determined to commit the crime

means of weakening the defense would be intoxication or disabling thru the senses (casting dirt of

3. generally characterized by the deliberate and sudden and unexpected attack of the victim from

sand upon anothers eyes)

behind, without any warning and without giving the victim an opportunity to defend himself

1. Superiority may arise from aggressors sex, weapon or number as compared to that of the victim

TREACHERY

(e.g. accused attacked an unarmed girl with a knife; 3 men stabbed to death the female victim).
2. No advantage of superior strength when one who attacks is overcome with passion and
obfuscation or when quarrel arose unexpectedly and the fatal blow was struck while victim and
accused were struggling.
3. Vs. by a band : circumstance of abuse of superior strength, what is taken into account is not the
number of aggressors nor the fact that they are armed but their relative physical might vis--vis the
offended party
1. Means were purposely sought to weaken the defense of the victim to resist the assault

Means, methods or forms

are employed by the
offender to make it
impossible or hard for the
offended party to put any
sort of resistance

16. That the act be committed with treachery (alevosia)

TREACHERY: when the offender commits any of the crime against the person, employing means,

Requisites:

Treachery cant be considered when there is no evidence that the accused, prior to the moment

STRENGTH

WEAKEN DEFENSE

Offender does not employ

means, methods or forms
of attack, he only takes
advantage of his superior
strength

Means are employed but it

only materially weakens
the resisting power of the
offended party

Where there is conspiracy, treachery is considered against all the offenders

Treachery absorbs abuse of strength, aid of armed men, by a band and means to weaken the
defense

17. That the means be employed or circumstances brought about which add ignominy to the natural
effects of the acts

IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to
the material injury caused by the crime

methods or forms in the execution thereof which tend directly and specially to insure its execution
without risk to himself arising from the defense which the offended party might make.

MEANS EMPLOYED TO

2. The means used must not totally eliminate possible defense of the victim, otherwise it will fall under
treachery

ABUSE OF SUPERIOR

Applicable to crimes against chastity (rape included), less serious physical injuries, light or grave
coercion and murder

of the killing, resolved to commit to crime, or there is no proof that the death of the victim was the

Requisites:

result of meditation, calculation or reflection.

Examples: accused embraced and kissed the offended party not out of lust but out of anger in front
of many people, raped in front of the husband, raped successively by five men

Examples: victim asleep, half-awake or just awakened, victim grappling or being held, stacks from
behind

tend to make the effects of the crime more humiliating

But treachery may exist even if attack is face-to-face as long as victim was not given any chance

Ignominy not present where the victim was already dead when such acts were committed against
his body or person

to prepare defense
1. that at the time of the attack, the victim was not in the position to defend himself

1. Crime must be against chastity, less serious physical injuries, light or grave coercion, and murder

2. that the offender consciously adopted the particular means, method or form of attack employed by

2. The circumstance made the crime more humiliating and shameful for the victim

him
18. That the crime be committed after an unlawful entry
1. does not exist if the accused gave the deceased chance to prepare or there was warning given or
that it was preceded by a heated argument
2. there is always treachery in the killing of child

Unlawful entry when an entrance is effected by a way not intended for the purpose. Meant to
effect entrance and NOT exit.

Why aggravating? One who acts, not respecting the walls erected by men to guard their property

21. That the wrong done in the commission of the crime be deliberately augmented by causing other

and provide for their personal safety, shows greater perversity, a greater audacity and hence the

wrong not necessary for its commission

law punishes him with more severity

Example: Rapist gains entrance thru the window

Inherent in: Trespass to dwelling, robbery with force upon things, and robbery with violence or

Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of the criminal act. Cruelty cannot be presumed nor
merely inferred from the body of the deceased. Has to be proven.

intimidation against persons.

1. mere plurality of words do not show cruelty
19. That as a means to the commission of the crime, a wall, roof, door or window be broken

Requisites:

Applicable only if such acts were done by the offender to effect entrance.

Breaking is lawful in the following instances:

2. no cruelty when the other wrong was done after the victim was dead

Requisites:

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

1. A wall, roof, window, or door was broken

2. They were broken to effect entrance
1. an officer in order to make an arrest may break open a door or window of any building in which the
person to be arrested is or is reasonably believed to be;
2. an officer if refused admittance may break open any door or window to execute the search warrant
or liberate himself,
20. That the crime be committed (1) with the aid of persons under 15 years of age, or (2) by means of
motor vehicles, airships or other similar means.

Reason for #1: to repress, so far as possible, the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their responsibility (remember that
minors are given leniency when they commit a crime)

Example: Juan instructed a 14-year old to climb up the fence and open the gate for him so that he may
rob the house

Reason for #2: to counteract the great facilities found by modern criminals in said means to commit
crime and flee and abscond once the same is committed. Necessary that the motor vehicle be an
important tool to the consummation of the crime (bicycles not included)

Example: Juan and Pedro, in committing theft, used a truck to haul the appliances from the mansion.

IGNOMINY
CRUELTY
Moral suffering subjected to humiliation Physical suffering