CRIMINAL LAW 1 Finals

|Bettina R Melchor | 1A

Aggravating Circumstances
Aggravating Basis: Inherent In Absorbed by: Notes

Definition Serves to increase penalty wo Greater perversity KINDS:

exceeding maximum of the penalty Manifested by: Generic =apply to all crimes
provided by law for the offense Motivating =same nature increase penalty, can be
power offset by mitigating, not alleged in
Did not happen by chance (sadya) Place of information
commission Specific =only to particular crimes
Consist of: Means and Qualifying = change the nature of the crime,
a. material execution ways employed cannot be offset my mitigating, alleged in the
b. means employed Time information
Personal Inherent =must of necessity accompany the

Aggravate only those who had circumstances of commission of the crime
KNOWLEDGE @ time of execution offender [MRC]

Circumstances FRAPUCCINO CRIM AT BREAD

1 Advantage be taken of public Personal circumstance Falsification of Use influence, prestige or ascendancy as means for
position Means used to secure documents committed realization of purpose
1. Public officer commission by public officers Connected with duties of his office
2. Takes advantage of Accessories under Art
position/influence of office 19(3)

2 Contempt/Insult to Public [GP] lack of respect-- Public authority

Authorities moral attributes =public officer directly vested with jurisdiction
1. Public authority engaged in =has power to govern and execute laws
the exercise of his functions Agent of person in authority
2. #1 is not the person against =subordinate public officer charged with
who the crime is committed maintenance of public order and protection and
3. Offender knows him to be a security of life and property
public authority
4. His presence has not
prevented the offender from
committing the crime

3 With Insult/Disregard of Respect [GP] Robbery with force Rank --difference in social condition
due to Offended Personal circumstance upon things Age--tender age/old age
On account of rank/age/sex Trespass to dwelling Sex--female
1. With deliberate intent Place

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2. Crimes against persons or If these 4 circumstances are present, consider as one or

honor only together

OR Dwelling=building/structure exclusively used for rest
Dwelling and comfort
1. In dwelling of offended party =includes dependencies, foot of the staircase,
2. Offended party must not enclosure under the house
give provocation Provocation must be [GIS] to be not aggravating:
(all must be present)
i. Given by owner of dwelling
ii. Sufficient
iii. Immediate to commission of the crime

4 Abuse of Confidence [GP] Malversation Confidence must be immediate and personal

1. Offended party had trusted Means and ways Qualified theft
the offender employed Estafa by conversion
2. Offender bused such trust by or misappropriation
committing crime against offended
party
3. Abuse of confidence
facilitated the commission of the
crime

Obvious ungratefulness
1. Obvious =manifest AND clear

5 Palace of CE [GP]
presence of CE place
where public authorities are
engaged in the discharge of duties
public place dedicated to religious
worship
1.
2.

6 Nighttime [GP] Band--brigandage Nighttime Nighttime= period of darkness from end of dusk to
Uninhabited Place Time treachery dawn
Band Place Uninhabited place =no houses at all, a place at a
1. When it facilitated Means and ways considerable distance from town, OR where houses are
commission of the crime employed Band scattered at great distance from each other ---a km from
2. Especially sought for by Superior nearest house
offender to insure commission/for strength --reasonable possibility of victim receiving some
impunity treachery help
3. Offender took advantage

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thereof for purpose of impunity Band= more than 3 armed malefactors, acted together
in commission of offense
=crimes against property/persons, not against chastity

7 Occasion of conflagration, shipwreck, [GP]

earthquake, epidemic, other Time
Calamity/misfortune
Instead of lending aid,
adds to suffering

8 Aid of armed men OR persons who Band *actual aid not necessary
insure/afford impunity treachery
1. Armed men took part in
commission directly or indirectly
2. Accused availed/relied upon
them as aid when crime was
committed

9 Recidivist [GP] Recidivist =who, at the time of his trial for one crime,
1. Offender on trial for offense Personal circumstance-- shall have been previously convicted by final judgment
2. Previously convicted by final inclination to crime of another crime embraced in the same title of RPC
judgment
3. 1st and 2nd crime embraced ^need to allege in info.
in same title of RPC

10 Previously punished [GP] Reiteracion/ Habituality--not always aggravating

1. Accused on trial for an Inclination to crimes
offense 4 forms of repetition:
2. He previously served a. Recidivism [generic]
sentence for another offense wc b. Reiteracion/habituality [generic]
the law attaches equal greater c. Multi-recidivism/habitual delinquency
penalty []extraordinary]
3. Convicted of new offense d. Quasi-recidivism

Habitual delinquent = within 10 yrs, found guilty of 3rd
time/offener

11 In consideration of [GP] Purpose: inducing another to perform the deed

Price/reward/promise Motivating power Promise first, then commit

Contemplates 2or more offenders

12 Ruin Means and ways (means of inundation, fire, poison, explosion, stranding
of a vessel or intentional damage thereto, derailment of

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locomotive, or use of any artifice involving great waste

and ruin)

13 Evident premeditation Ways Robbery Reward/Promise *Must be preceded by cool thought and reflection
1. Time when offender Deliberate planning of Treason by killings
determined to commute crime act Sufficient lapse of time ---sufficient time for desistance
2. Act --indicating that culprit
has clung to his determination
3. Sufficient lapse of time bw
determination & execution

14 Fraud, craft, disguise Means employed Craft --intellectual/mental means

treachery Craft=intellectual trickery and cunning by accused
= done not to arouse suspicion of victim
Fraud =insidious words/machinations used to induce
victim to act in manner wc would enable the offender to
carry out his design
=direct inducement by insidious words

15 Advantage of superior strength OR Parricide against wife Treachery ADVANTAGE! of superior strength= to use purposely
Means to weaken Defense (Woman as victim in excessive force out of proportion to means of defense
parricide) --- available to the person attacked
Treason by killings Treachery =notorious inequality of forces (depends on age, size,
strength)
-collective strength to overpower relatively weaker
victim

16 Treachery (alevosia) Means and ways Treason by killings, Treachery = commits any of the crimes against
1. @ time of attack, victim not persons, employing means/methods/forms in the
in position to defend self execution
2. Offender consciously Wc tend directly and specially to insure its
adopted particular execution,
means/method/form of attack =no opportunity for defense

1. Only to crimes against persons
2. Means/methods/forms need not insure
accomplishment of crime
3. Mode of attack must be consciously adopted

17 Means add Ignominy to natural effects Means employed Ignominy= circumstance pertaining to moral order,
of the act Adds disgrace and obloquz to the material injury caused
by the crime
=crimes against chastity, less serious physical injuries,
light/grave coercion

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=more humiliating/put the offended party to shame

=moral pain

18 After Unlawful entry Means and ways trespass Unlawful entry =entrance is effected by a way not
intended for the purpose

19 wall, roof, door, or window be Broken Means and ways Forcible Entry ---to effect entrance only

20 Aid of persons under 15 Means and ways Other similar means = motorized vehicles/ other
OR efficient means of tranpo
Means of motor vehicle, airships, or
other similar means
1. In going to place of crime,
carrying away the effects,
facilitating escape

21 Wrong done be deliberately Ways employed Cruelty=culprit enjoys and delights in making his victim
augmented by suffer slowly and gradually, causing him unnecessary
Causing Other wrong not physical pain in the consummation of the criminal act
necessary for its =deliberate intention to prolong the suffering of
commission the victim
1. Injury --deliberately
increased by causing other wrong
2. The other wrong is
unnecessary for execution of the
purpose of the offender

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Alternative circumstances

Alternative Mitigating Aggravating

Definition Aggravating/mitigation according to nature and effects of the crime and other
conditions attending its commission

Basis Nature and effects of crime and

Other conditions attending its commission

Circumstances RID

Relationship Crimes against property Crimes against chastity

SADSA
Step-relatives-by reason of analogy
Adopted child and parent

Intoxication 1. If not habitual 1. Habitual

Exercise of Willpower is impaired OR OR
2. Intoxication not subsequent 2. Intentional (subsequent
Liquor = stimulant to commit crime to the plan to commit a felony to the plan to commit a felony)
Habitual drunkard =one given to intoxication by excessive use of intoxicating
drinks; habit actual and confirmed

Drunkenness must diminish agent's capacity to know the injustice of his acts &
his will to act
---taken such quantity as to blur his reasons and deprive him of self-control

Presumption: intoxication is accidental

Degree of instruction and education of offender Availed/took advantage of high

1st grade degree of instruction in committing
the crime
Lack of sufficient intelligence
x Mere illiteracy Exceptions:
Lack of intelligence not mitigating in:
---must be proved by defense: positively and directly Crimes against property
Crimes against chastity
Treason
murder