Aggravating
Circumstances
Aggravating
Circumstances
Definition:
These are circumstances
which raise the penalty for
a crime without exceeding
the maximum penalty
applicable to that crime
• That advantage be taken by the offender of
his public position
• That the crime be committed in contempt
of or with insult to the public authorities.
• That the acts be committed with insult or
in disregard of the respect due the
offended party of 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.
• That the acts be committed with abuse of
confidence or obvious ungratefulness.
• That the act 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.
• That the crime be committed in the nighttime or an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the offense. 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.
• That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or
other calamity or misfortune.
• That the crime be committed with the aid of armed men or persons who insure or afford impunity.
• That the accused is a recidivist. 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 title of this Code.
• That the offender has been previously punished for an offense to which the law attaches an equal or
greater penalty or two or more crimes to which it attaches a lighter penalty
• That the crime be committed in consideration of a price, reward, or promise.
• 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.
• That the act be committed with evident premeditation.
•
That craft, fraud, or disguise be employed.
• That advantage be taken of superior strength, or means be employed to weaken the defense.
•
That the act be committed with treachery (alevosia). 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.
• That means be employed or circumstances brought about which add ignominy to the natural effects of
the act.
• That the crime be committed after an unlawful entry.
• That as a means to the commission of the crime; a wall, roof, floor, door, or window be broken.
•
That the crime be committed with the aid of persons under fifteen years of age, or by means of
motor vehicle, airships, or other similar means.
• That the 'wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commission.
Basis:
The greater perversity of the
offender as shown by:
1. The motivating power behind the
act;
2. The place where the act was
committed;
3. The means and ways used;
4. The time;
5. The personal circumstance of the
offender; and
6. The personal circumstance of the
victim.
KINDS OF AGGRAVATING CIRCUMSTANCES
• a. Generic Aggravating Circumstances - are those which are generally applicable to all crimes.
• b. Specific Aggravating Circumstances - are those which are made to apply only to specific crimes (i.e. ignominy in crimes against chastity; treachery in crimes against persons)
• C. Qualifying Aggravating Circumstances - are those that change the nature of the crime (i.e.
evident premeditation in killing a person - becomes murder)
• d. Inherent Aggravating Circumstances - are those which necessarily accompany the commission
of the crime. These are circumstances which by the nature of the crime committed becomes specific
element thereof. (i.e. breaking of the roof, floor, etc. in crime of robbery with force upon things)
Distinction between qualifying and aggravating
circumstances.
QUALIFYING
•Provides the proper and exclusive name and
provides no other penalty to the offender
other than those which is specifically
prescribed by law.
•Cannot be offset by any Mitigating
Circumstance
•Must be alleged in the information. Integral
part of the offense
AGGRAVATING
•Increases penalty to the maximum, without
exceeding limit prescribed by law.
•May be offset by any Mitigating
Circumstance.
•Need not be alleged. May be proved over the
objection of the defense. Qualifying
Circumstance if not alleged in the
Information will become generic.
Inherent Aggravating circumstances do not have the effect
of increasing the penalty:
1. Those which if present in the commission of the crime
constitute the specific crime provided by law or which are
included in the law defining a crime and prescribing penalty
thereof.
2. Those which if present in the commission of the crime must
inherently accompany the commission thereof.
Paragraph 1.
Requisite:
• That the offender is a public officer;
• The commission of the crime would not have been
possible without the powers, resources and
influence of the office he holds.
Paragraph 2
Requisite:
• The offender knows that a public authority is present;
• The public authority is engaged in the exercise of his
functions;
• The public authority is not the victim of the crime; and
• The public authority’s presence did not prevent the
victim of the crime.
Person of Authority
-is
one who is directly vested with
jurisdiction, has the power to
govern and execute the laws.
Agent of a person in
Authority
-is
a subordinate public office
charged with the maintenance of
public order and the protection of
life and property.
Paragraph 3
• With insult or in disregard of the respect due to the offended party on account of his (a) rank, (b) age,
(c) sex or
• That it be committed in the dwelling of the offended party, if he latter has not given provocation.
Requisites of disregard of rank, age or sex
• Crimes must be against the victim’s person or his honor;
• There is deliberate intent to offend or insult the respect due to the victim’s rank, age or sex.
The aggravating circumstances of rank, age, and sex
are applicable only in crimes against persons,
security, or honor. It is not considered in crimes and
against property. RANK- in its plain and ordinary
meaning refers to the high social position or
standing.
Age
• - is manifestation of lack of respect due to age and
applicable in cases where the victim is of tender
age as well as old age.
Sex
This aggravating circumstance applies only to the female sex not to the male sex.
This is not applicable when:
1. The offender acted with passion and obfuscation
2. There exist a relation between the offender and the victim;
3. The condition of being a woman is indispensable in the commission of the
crime (rape, parricide, Abductionor seduction)
Requisites of the aggravating circumstance of
dwelling
• The crime occurred in the dwelling of the victim;
• No provocation on the part of the victim.
Requisites of provocation and all must concur:
1.
Given by the owner of the dwelling;
2.
Sufficient; and
3.
Immediate to the commission of the crime.
NOTE
It is not necessary that the victim owns the place where he lives or dwells. The place is his home which
the law seeks to protect or uphold wether he is lessee, a boarder or a bed spacer. It is aggravating although
the victim was staying there temporarily in order to escape the brutalities of the appellant because of
jealousy.
Instances wherein dwelling is not aggravating
a.
If the offended party has not given provocation but if the provocation is not immediate to the
commission of the crime, dwelling is aggravating.
b.
If both the offended party and the offender are occupants of the same house.
c.
Although in robbery with force upon things, it is inherent, it may be present if the robbery is
committed with violence or the victims are living in different rooms or apartments since the same are
considered separate dwellings