Professional Documents
Culture Documents
• Crimes committed
1. Advantage by public officers
• Accessories
Requisites:
1. The public authority is engaged in the exercise
of his functions
2. In contempt
2. He is not the person against whom the crime is
or with insult
Generic committed
to public
3. The offender knows him to be a public
authorities
authority
or disregard of • Parricide
Sex:
one’s sex, age, Specific • Abduction
• Passion or
or rank; • Applicable to crimes against persons or honor • Rape
obfuscation
only
dwelling • Seduction
• There must be evidence that the accused
deliberately intended to offend the offended
party or manifest disrespect on account of OP’s
age, sex or rank.
4. Abuse of
crime.
• Estafa by
confidence or
Generic • Confidence between OF and OP must be conversion or
obvious
immediate and personal; special relation of misappropriation
ungratefulness
confidence
• Qualified
• Confidence must still be present in the seduction
commission of the crime
5. Palace of
• Unlike contempt or with insult to public
Chief
authorities (par. 2), the same may be the OF in
Executive or
this circumstance
engaged in the
• It is still aggravating even if the Chief Executive is
discharge of
not in the palace or not engaged in his official
their functions
duties. However, other public authorities must be
engaged in their duties.
Uninhabited place
• Determining factor is not the distance of the
nearest house but that the victim must have no
reasonable possibility of receiving help.
• Solitude must be deliberately sought to better
attain the criminal purpose
By band:
At least four armed malefactors shall have acted
together in the commission of the offense
7. On
occassion of a
• The offender must take advantage of the
conflagration, Earthquake,
calamity or misfortune
of armed men
• Robbery with rape
illegal detention
afford impunity 2. Both the attacking and attacked are equally
armed.
premeditation
of price, • Price, reward or promise must be for the purpose • Murder (only to the
reward or Generic
of performing the deed. It must be the primary
inductor)
promise (not alleged) consideration in committing the crime.
12. By means
of inundation,
fire, poison,
explosion,
shipwreck,
stranding of a Qualifying
derailment or AC qualifies
• Arson
Requisites:
1. The offender is determined to commit the
crime
• It must be shown that not only that the accused the killing of the victim)
Concubinage
Generic
or disguise
Fraud: Direct inducement by insidious words or
machinations.
• Murder
• Illegal detention
armed men)
weaken the
• Murder
defense
offender.
• Abuse of
• Treachery must be proven by clear and superior
convincing evidence. Particulars as to the strength
treachery
• By band
the accused.
• Craft
• Requisites:
- That at the time of the attack, the victim was
not in a position to defend himself
• Presence of treachery:
- continuous aggression - treachery must be
present in the beginning of the assault.
- not continuous (w/ interruption) - it is
sufficient that treachery was present at the
moment the fatal blow was given
• Treachery is considered against all persons who
had knowledge on the employement of treachery
killed, no ignominy
• Less serious physical
17. Ignominy Specific • The means employed must make the crime more injuries
inhabited house
• Murder
dwelling • Theft
19. Entrance • It is not necessary that the offender should have
of a crime a entered the building. What aggravates the liability • Robbery in an
wall, roof, is the breaking of a part of the building as a inhabited house
• Theft
Generic
door, or means to the commission of the crime.
• Robbery with • Murder
window be • To effect entrance only
force upon things
broken • Tent is considered
• Requisites:
21. Cruelty Specific the execution of the purpose of the • Murder • Robbery with homicide
offender
• Murder (rape)
• Cruelty must be done while the victim is still alive