ARTICLE 14.

AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- a public officer who takes advantage of his

public position - integral element or inherent in crime
"advantage be taken by the Ex: when a councilor collects fines and Ex: malversation, falsification of document, accesory
offender of his public position" misappropriates them to the crime, rendering unjust judgment, and abuses
- personal circumstance
- The public officer must use the against chastity
That advantage be taken by the offender of of the offender
1 influence, prestige or ascendancy - - peace officers taking advantage of their public
his public position
which his office gives him as the positions - if accused could have perpetrated the crime
- means employed
means by which he realizes his without occupying his
purpose. - failure in official duties as public officer Ex: accused could have shot someone even without
Ex: Vice-President of a town voluntarily joined a being a policeman
band of brigands made his liability greater

1.Public authority is engaged in the - when crime is commited in the presence of an

exercise of his functions. agent only, who is any person who, by direct
provision of law or by election or by appointment by
"public authority" 2. Public authority engaged in the competent authority, is charged with the
- sometimes called as person in exercise of his functions is not the maintenance of public order and the protection and
authority; is a public officer who is - greater perversity of person against whom the crime is security of life and property
- If all the requisites are present.
That the crime be committed in contempt of directly vested with jurisdiction, the offender by lack of committed. Ex: barrio councilman, barrio policeman, barangay
2
or with insult to the public authorities who has the power to govern and respect for the public leader, and any person who comes to the aid of
- Persons in authority are also public authority
execute laws (Ex: governor, mayor, authorities 3. The offender knows him to be a perons in authority
councilor, barangay captain and public authority.
barangay chairman) - If there is an absence on the requisites.
4. His presence has not prevented
the offender from committing the - Not apllicable when committed in the presence of
criminal act. an agent
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- There must be a difference in the social

condition of the offender and the offended
party.
Ex:
- a private citizen who attacked and injured a
person in authority

- a pupil who attacked nad injured his teacher

- killing of a judge because he was strict or

because of resentment which the accused
- greater perversity of harbored against him as a judge
"of the rank" the offender by personal
- refers to a high social position or circumstance and place - an attempt upon the life of a general of the -
standing of commission of the Philippine Army
crime
- the killing of staff sergeant by his corporal, of
the Assistant Chief of Personnel Transaction of
the Civil Service Commission by a clerk, of a
consul by mere chancellor, and of an army
general

- the murder by municipal mayor, of a city chief

of police by the chief of the secret service division

- assault upon a 66-year old RTC judge by a

- justice of the peace
- applies in cases where the victim is of tender
age as well as old age
Ex: - absence of evidence that the accused deliberately
"of the age"
- personal circumstance - one of the victims in a murder case was a 12- intended to offend or insult the age of the victim
- refers to tender age as well as old
of the offended party year-old boy Ex: Roberry with homicide is primarily a crime
age
against property and not against persons.
- person killed was eighty years old and very
weak
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- absence of evidence that the accused deliberately

- applies to female sex
intended to offend or insult the sex of the victim or
Ex:
showed manifest disrespect to womanhood
'- When a person compels a woman to go to his
house against her will
- when the offender acted with passion and
obfuscation
- The accused who, upon knowing the death of
"of the sex"
- personal circumstance their relative, and not being able to take revenge
- refers to the female sex , not male - when there exist a relationship between the
of the offended party on the killers, because of their imprisonment,
sex offended party and the offender
selected and killed a female relative of the killers
Ex: when either of the divorced couple commits a
in retaliation
crime towards the other
- direct assault upon a lady teacher
- when the condition of being a woman is
indispensable in the commission of the crime
- absorbed in treachery
Ex: parricide, rape, abduction, or seduction

That the act be committed with insult or in

disregard of the respect due the offended
party on account of his rank, age, or sex, or
that it be committed in the dwelling of the
3 offended party, if the latter has not given
provocation.

(may be taken account only in crimes against

persons or honor)
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- the abuse of confidence which the offended

party reposed in the offender by opening the
door to him

- trespassing thereinwith violation or against the

will of the owner

Provocation:
- Basically, offended party must not give
provocation.
That the act be committed with insult or in
disregard of the respect due the offended - if any of those conditions of provocation is not
party on account of his rank, age, or sex, or present
that it be committed in the dwelling of the
3 offended party, if the latter has not given - when the provocation is present and
provocation. commisision of crime is not immediate
Ex: the defendant learned that the deceased and
(may be taken account only in crimes against his wife were maintaining illicit relations and one - a combination house and store, or a market stall
persons or honor) night he went to the house of the deceased and where the victim slept
killed him the and there
Provocation:
- even when the offender did not enter the - when the owner of dwelling gave immediate
dwelling provocation
Ex:
- victim who was asleep in his house was shot as - when all the conditions of provocation are present
he opened the door of his house upon being
called and awakened by the accused.

- when there is a close relation between the

provocation and the commission of the crime
meaning when the provocation is present and
commisision of crime is immediate
Ex: If the defendant surprised the deceased and the
wife in the act of adultery in the house of the
deceased

- in a case where the deceased was called down from

his house and he was murdered in the vicinity
"dwelling" Conditions of provocation:
- if the deceased was only about to step on the first
- must be a building or structure, 1. Given by the owner of the
rung of the ladder when he was assaulted
exclusively used for rest and dwelling
- place
comfort 2. Sufficient, and
- when both the offender and offended party are
- sanctity of privacy 3. Immediate to the commission of
occupants of the same house, and is true even if the
- sanctuary worthy of respect the crime
offender is a servant in the house

- robbery with force upon things in inhabited house

 Provocation:
- when the owner of dwelling gave immediate
provocation

ARTICLE 14. AGGRAVATING CIRCUMSTANCES - when all the conditions of provocation are present

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- when there is a close relation between the

- even if the offender did not enter the upper part
provocation and the commission of the crime
of the house where the victim was, but shot
meaning when the provocation is present and
under the house
commisision of crime is immediate
Ex: If the defendant surprised the deceased and the
- even when the killing took place outside the
wife in the act of adultery in the house of the
dwelling provided that the commission of the
deceased
crime begun in the dwelling
Ex: where the accused began the aggression upon
- in a case where the deceased was called down from
the deceased in the latter's dwelling by binding
his house and he was murdered in the vicinity
his hands or by dragging him from his house and
"dwelling" Conditions of provocation: after taking him to a place near the house he
- if the deceased was only about to step on the first
- must be a building or structure, 1. Given by the owner of the killed him
rung of the ladder when he was assaulted
exclusively used for rest and dwelling
- place
comfort 2. Sufficient, and - abduction and illegal detention
- when both the offender and offended party are
- sanctity of privacy 3. Immediate to the commission of
occupants of the same house, and is true even if the
- sanctuary worthy of respect the crime - includes dependencies, the foot of the staircase
offender is a servant in the house
and the enclosure under the house
- robbery with force upon things in inhabited house
- when the deceased had two houses where he
used to live, the commission of the crime in any
- In the crime of trespass to dwelling, it is inherent or
of them is attended
included by law in defining crime. This crime can be
Ex: the deceased was murdered in the house at
committed only in the dwelling of another.
Franco Street in Tondo, which was one of the two
houses (the other being in Constancia, Sampaloc)
- When the dwelling where the crime was commited
where the deceased used to live and have his
did not belong to the offended party.
place of abode during his stay in Manila

- When the rape was committed in the ground floor

of a two-story structure, the lower floor being used
as a video rental store and not as a private place of
abode or residence.

- In adultery, when the paramour also lives in the

same house of the husband and wife

- Not included in treachery

 - In the crime of trespass to dwelling, it is inherent or
included by law in defining crime. This crime can be
committed only in the dwelling of another.

- When the dwelling where the crime was commited

ARTICLE 14. AGGRAVATING CIRCUMSTANCES
did not belong to the offended party.

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- When the rape was committed in the ground floor
- robbery with violence against or intimidation of of a two-story structure, the lower floor being used
persons as a video rental store and not as a private place of
abode or residence.
- crimes were commited not in the dwelling of
the victims or just temporary dwelling
Ex: - In adultery, when the paramour also lives in the
- The victim wa raped in the boarding house same house of the husband and wife
where she was a bedspacer.
- Not included in treachery
- The victims were raped in their parental home
where they were guests at the time and did not
reside there.

- The victim was killed in the house of her aunt

where she was living with her niece.

- The victimes, while sleeping as guests in the

house of another person, were shot to death in
that house.

- When the husband killed his estranged wife in

the house solely occupied by her

- When adultery is committed in the house of the

husband even if it is also the dwelling of the
unfaithful wife.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- Attempted rape

- Special relation of confidence between accused and

victim
Ex: The deceased and the accused happened to be
together because the former invited the latter
nightclubbing and to bring with him the money the
latter owed the former.

- Betrayal of confidence
"abuse of confidence" - Killing of child by an amah Ex: The offended party was living in the house if the
- offended party has trusted the accused, her parents having entrusted her to the care
offender who later abuses such - The confidence between offender and the of the said accused and the accused intimidated the
trust by committing a crime offended party must be immediate and personal. offended party with a knifw and through the use of
force and violence succeeded un having sexual
intercourse with her.

- Inherent in malversation, theft, estafa by

1. Offended party had trusted the
conversion or misappropriation and qualified
offender.
seduction
2. Offender abused such trust by
- means and ways - The accused and the offended party live in the
That the act be committed with abuse of committing a crime against the
4 employed and greater same house where the house was not the property
confidence or obvious ungratefulness. offended party.
pervesity of the offender of the offended party.
3. The abuse of confidence
facilitated the commission of the
crime.
 1. Offended party had trusted the
offender.

2. Offender abused such trust by

- means and ways
That the act be committed with abuse of committing a crime against the
4
ARTICLE 14. AGGRAVATING CIRCUMSTANCES employed and greater
confidence or obvious ungratefulness. offended party.
pervesity of the offender
No. Paragraph Definition Basis 3. The abuseRequisites
of confidence Applicable Not Applicable
facilitated the commission of the Ex:
crime. - The accused who killed his father-in-law in
whose house he lived and who partially
supported him.

- The accused was living in the house of the victim

who employed him as an overseer and in charge
of carpentry work, and had free access to the
house of the victim who was very kind to him, his
family, and who helped him solve his problem.
"ungratefulness must be obvious" -
- A security guard killed a bank officer and robbed
the bank.

- The victim was suddenly attacked while in the

act of giving the assailants their bread and coffee
for breakfast.

- A visitor commits robbery or theft in the house

of his host.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

in the palace and in a place dedicated to

religious worship
- If it is Malacanang palace or a church,
regardless whether State or official or religious
functions are being held and the offender must
"Place where public authorities
have itention to commit a crime when he
are engaged in the discharge of
entered the place.
their duties (par. 5) vs. from
Ex:
contempt or insult to public
-Accused shot the victims inside the church
authorties (par. 2)":
1. Both public authorities are in the
- In a case of unjust vexation where the accused
That the crime be committed in the palace of performance of their duties.
kissed a girl inside a church when a religous
the Chief Executive, or in his presence, or
service was being solemnized. - Cemeteries are not a place dedicated to religious
5 where public authorities are engaged in the 2. Par. 5, the public authorities who - place -
worship.
discharge of their duties or in a place are in the performance of their
committed in the palace of the Chief Executive,
dedicated to religious worship. duties must be in their office; while
or in his presence
for par. 2 outside of their office.
- The Chief Executive need not be in Malacanang
palace, his presence alone in any place, and even
3. Under par. 2, the public
if he is not engaged in the discharge of his duties
authority should not be the
in the place where the crime is committed.
offended party; while in par. 5, he
may be the offended party.
where public authorities are engaged in the
discharge of their duties
- Other public authorities must be actually
engaged in the performance of duty
Ex: An electoral precinct during election day
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- The accused took advantage of darkness for the

more successful cosummation of his plans, to
prevent his being recognized, and that the crime
might be perpetrated unmolested.
- When the notion to commit the crime was
Ex:
conceived only shortly before its commission
- Accused had hidden behind the tree and availed
"Nighttime"
himself to darkness to prevent his being
- period of darkness beginning at - When the crime was committed at night upon a
recognized or to escape more readily.
end of dusk and ending at dawn mere casual encounter
- are from sunsets to sunrise
- Where the accused waited for the night before
- When crime began at daytime
committing robbery with homicide
That the crime be committed in the
nighttime or in an uninhabited place, or by a - When the place of crime is illuminated by light
- The commission of the crime must begin and be
band, whenever such circumstances may
accomplished in the nighttime.
facilitate the commission of the offense.
- The lighting if a matchstick or use of flashlights
Whenever more than three armed
1. When it facilitated the
malefactors shall have acted together in the
commission of the crime
commission of an offense, it shall be deemed
to have been committed by a band. - The accused sought solitude of the place where
2. When especially sought for by - When the place where the crime was committted
- time and place the crime is committed, in order to better atttain
the offender to insure the could be seen and the voice of the deceased could
"whenever such circumstances may "Uninhabited place" his purpose.
6 commission of the crime or for the be heard from nearby house
facilitate the commission of the offense" - is one where there are no houses - means and ways
purpose of impunity
- there would be grater certainty in attaining at all, a place at a considerable employed - When the victims are the occupants of the only
- If the offended party was casually encountered by
the ends of the offender distance from town, or where the house in the place
3. When the offender took the accused
houses are scattered at a great
advantage thereof for the purpose
"especially sought for" distance from each other - No reasonable possibility of the victim receiving
of impunity - If the defendants did not select the the place either
- when the offender took advantage thereof some help
to better attain their object
Ex: Felony was perpetrated in the open sea
"for the puropose of impunity"
- means to prevent his being recognized, or
to secure himself against detection and
punishment
 6 commission of the crime or for the
facilitate the commission of the offense" - means and ways
purpose of impunity
- there would be grater certainty in attaining employed
the ends of the offender
3. When the offender took
advantage thereof for the purpose
"especially sought for"
of impunity
ARTICLE -14.
when
AGGRAVATING
the offenderCIRCUMSTANCES
took advantage thereof

No. "for the puropose

Paragraph
of impunity" Definition Basis Requisites Applicable Not Applicable
- means to prevent his being recognized, or
- if only one of them committed the crime while
to secure himself against detection and
others were not aware of the commission of the
punishment
- Stone is included in the term arms. crime

- All the armed men, at least four members, must - Even if there are 20 persons, but only 3 are armed.
"By a band"
take direct part in the execution of the act
- whenever more than three armed
constituting the crime. - If one of the four armed persons is a principal by
malefactors shall have acted
inducement.
together in the commission of an
- is considered in crimes against property and in
offense
crumes against persons - Crimes againts chastity
Ex: illegal detention or treason, robbery with Ex: rape
homicide
- Inherent crimes
Ex: brigandage

in the midst of a great calamity,

instead of lending aid to the Ex:
afflicted, adds to their suffering by - A fireman who commits robbery in a burned
taking advantage of their house
That the crime be committed on the
misfortune to despoil them.
occasion of a conflagration, shipwreck, - time of the commission Offender must take advantage of
7 - A thief who immediately afte a destructive - If the accused was provoked by the offended party
earthquake, epidemic, or other calamity or of the crime the calamity or misfortune.
"or other calamities or typhoon steals personal property from the
misfortune.
misfortune" demolished house
- refers to other conditions of
distress similar to those precedingly - Chaotic conditions
enumerated

"with aid of armed men" (par. 8) Ex:

- Accused did not avail himself of the aid of the
vs. "by a band" - A, in order to get rid of her husband, secured the
armed men near the place where the crime was
- By a band requires that more than 1. Armed men or persons took part services of the Moros. The Moros armed
committed
three armed malefactors shall have in the commission of the crime, themselves with clubs, went to the house of the
That the crime be committed with the aid of acted together in the commission directly or indirectly. victim and clubbed him to death.
- means and ways - When both the attacking party and the party
8 armed men or persons who insure or afford of an offense
employed attacked were equally armed.
impunity. 2. The accused availed himself of - Prosecution for robbery with rape and confessed
- Aid of armed men is present even ther aid or relied upon them when that they had companions who were armed when
- When the accused as well as those who cooperated
if one of the offenders merely the crime was committed. they committed the crime.
with him in the commission of the crime acted under
relied on their aid, for actual aid is
the same plan and for the same purpose.
not necessary. - Includes armed woman
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"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 tile of this - In a usury case where the accused was - If the subsequent conviction is for an offense
Code. previously convicted of the same offense. committed before the offense involved in the prior
1. Offender is on trial of an offense.
conviction
"at the time of his trial for one - Crimes against property Ex: The accused was convicted of robbery with
2. He was previously convicted by
crime" Ex: Robbery and theft in Title Ten homicide committed on December 23, 1947. He was
final judgment of another crime.
- from arraignment until after previously convicted of theft committed on December
sentence is announced by the - Crimes against persons 30, 1947.
9 That the accused is a recidivist. - his inclination to crimes 3. Both the first and the second
judge in an open court Ex: Homicide and physical injuries in Title Eight
offense are embraced in the same
- If the accused had been twice convicted of violation
title of the Code
"previously convicted by final - Even if the lapse of time between two felonies for different sections.
judgement" is more than 10 years Ex: When an offense is punishable by a ordinance or
4. Offender is convicted of the new
- after the lapse of the period for special law and the other by the Revised Penal Code.
offense.
perfecting an appeal - Pardon does not obliterate the fact that the
- when the sentence has been accused was a recidivist. - Amnesty extinguishes the penalty and all its effects.
partially or titally satisfied or served
- the accused has waived in writing
his right to appeal
- the accused had applied for
probation
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"has been previously punished"

- the accused previously served
sentence for another offense or
sentences for other offenses before
his trial for the new offense
- It is the penalty attached to the
offense, not the penalty actually
imposed.

"recidivisim vs. reiteracion"

1. In reiteracion, it is necessary that
the offender shall have served out
his sentence for the first offence; in
recidivism, it is enough that a final
judgment has been rendered in the
first offense.

-punished for an offense to which the law

attaches an equal penalty
Ex: A served sentence for forcible abduction
punishable by reclusion temporal, that is 12 years
and 1 day to 20 years. Later, after A was releaed
in prison, he committed homicide punisable also
1. The accused is on trial for an
by reclusion temporal.
offense.

- punished for an offense to which the law

2. He previously served sentenced
That the offender has been previously attaches an greater penalty
for another offense to which the
punished for an offense to which the law Ex: The accused once served sentence for - if the penalty for the first offense commited is
law attaches an equal or greater
10 attaches an equal or greater penalty or for - his inclination to crimes homicide punishable by a penalty ranging from lesser than that of second offense
penalty, or for two or more crimes
two or more crimes to which it attaches a 12 years and 1 day to 20 years. Now, he is Ex: falsification first and homicide now
to which it attaches lighter penalty
lighter penalty. convicted of falsification punishable by a penalty
than that for the new offense.
ranging from 6 years and 1 day to 12 years.
3. He is convicted of the new
- punished for two or more crimes to which it
offense.
attaches a lighter penalty
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

-punished for an offense to which the law

attaches an equal penalty
2. In reiteracion, the previous and
Ex: A served sentence for forcible abduction
subsequent offenses must not be
punishable by reclusion temporal, that is 12 years
embraced in the same title of the
and 1 day to 20 years. Later, after A was releaed
Code; whereas recidivism requires
in prison, he committed homicide punisable also
that the offenses be included in the 1. The accused is on trial for an
by reclusion temporal.
same title of the Code. offense.
- punished for an offense to which the law
3. Reiteracion is not always an 2. He previously served sentenced
That the offender has been previously attaches an greater penalty
aggravating circumstance; whereas, for another offense to which the
punished for an offense to which the law Ex: The accused once served sentence for - if the penalty for the first offense commited is
recidivism is always to be taken law attaches an equal or greater
10 attaches an equal or greater penalty or for - his inclination to crimes homicide punishable by a penalty ranging from lesser than that of second offense
into consideration in fixing the penalty, or for two or more crimes
two or more crimes to which it attaches a 12 years and 1 day to 20 years. Now, he is Ex: falsification first and homicide now
penalty to be imposed upon the to which it attaches lighter penalty
lighter penalty. convicted of falsification punishable by a penalty
accused. than that for the new offense.
ranging from 6 years and 1 day to 12 years.

The four forms of repetition are: 3. He is convicted of the new

- punished for two or more crimes to which it
1. Recidivism offense.
attaches a lighter penalty
- generic agrravating circumstance
Ex: A served 30 days imprisonment for theft;
later, he served 2 months for estafa; now he is
2. Reiteracion or habituality
tried for homicide which is punishable with
- generic agrravating circumstance
reclusion temporal, that is, 12 years and 1 day to
20 years.
 attaches a lighter penalty
Ex: A served 30 days imprisonment for theft;
later, he served 2 months for estafa; now he is
tried for homicide which is punishable with
reclusion temporal, that is, 12 years and 1 day to
20 years.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

3. Multi-recidivism or habitual
deliquency
- extra-ordinary agrravating
circumstance
- when a person within a period of
ten years from the date of his
release or last conviction is found
gulity of the same crime for the
third time.
- one who has been previously
punished for two or more offenses.

4. Quasi-recidivism
- special agrravating circumstance
- 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

There must be two or more

"price, reward, or promise must - Crime commited for hire or reward
principals:
be for the purpose of inducing Ex: P procured an ignorant man to kill the brother
That the crime be committed in 1. the one who gives or offers the
11 another to perform the deed" - motivating power itself and grand niece of P for a reward of Php 60. The - If without previous promise
consideration of a price, reward, or promise. price or promise
- use of money or other valuable ignorant man, following the instruction killed
consideration them.
2. the one who accepts it
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- If used by the offender as a means to accomplish a

criminal purpose.

By means of fire
"Par. 12 vs. Par 7" Ex: If the offender had the intent to kill the victim,
That the crime be committed by means of - Under par. 12, the crime is burned the house where the latter was, and the
inundation, fire, poison, explosion, stranding committed by means of any of such victime died as a consequence.
of a vessel or intentional damage thereto, acts involving great waste or ruin; - means and ways - Arson when the only itention is to burn the
12 -
derailment of a locomotive, or by the use of under par. 7, the crime is employed house By means of explosion
any other artifice involving great waste and committed on the occasion of a Ex: If a grenade is thrown into the house were a
ruin. calamity or misfortune family of seben persons live with the intent to kill.

By means of derailment of locomotive

Ex: damage to means of communication, derailment
of cars, collision or accident must result from damage
to railway, telegraph or telephone lines

- There must be sufficient time between the

outward acts and the actual commission of the
crime
Ex: Accused borrow a bolo for the purpose of
committing the crime early in the morning and
"evident premeditation"
1. The time when the offender was lying in wait for some time before he
- implies a deliberate planning of
determined to commit the crime attacked his victim
the act before executing it - Mere threats without the second element
- may be considered as to principal Ex: Appellant threatened to shoot the deceased and
2. An act manifestly indicating that - Express conspiracy
by induction on the eve of killing, appellant expressed his intention
the culprit has clung to his
- execution of the criminal act be to finish him. However, there was no showing, that in
determination - Price and rewards for the inductor
That the act be committed with evident preceded by cool thought and - ways of cmmitting the between, appellant made plans or sought the
13
premeditation. reflection upon the resolution to crime deceased to accomplish the killing.
3. A sufficient lapse of time - Even if it a person other than the intended
carry out the criminal intent during
between the determination and victim was killed, if it is shown that the
the space of time sufficient to - Implied conspiracy
execution, to allow him to reflect conspirators were determined to kill not only the
arrive at a calm judgement
upon the consequences of his act intended victim but also any one who may help
- must be evident and not merely - When victim is different from that intended
and to allow his conscience to him put a violent resistance
suspected
overcome the resolution of his will. Ex: After careful and thoughful meditation, the
- based upon external acts
accused decided to kill, at the first opportunity,
whatever individual he should meet from the
town of Macabebe

- Robbery in homicide
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

Ex:
- The act of the accused in pretending to be bona
Ex:
fide passengers in the taxicab driven by the
- The accused and his companions, who came out
deceased, when they were not so in fact, in order
from behind a patch of bamboo trees, did not
not to arouse his suspicsion
camouflage their hostile itentions at the incipiency of
"craft"
the attack, as they announced their presence at the
- involves the use of intellectual - The act of the accused assuming position of
scene of the crime with shouts and gun shots
trickery or cunning on the part of authority, pretending to be a member of the CID
the accused when he was not, to gain entrance in the house
- When the offender never intended to genuinely
enter into the transaction of purchase and sale with
- Where defendants asked the offended party to
the owner of the jeep, to the offended the deed of
change a Php 10 bill and, when the latter took
sale being a sham, as he did not pay the price thereof
out his wallet, the defendants snatched it from
the hand of the offeneded party

"fraud"
- insidious words or machinations
used to induce the victim to act in a Ex:
manner which would enable the - Where the defendants induced their victim to
offender to carry out his design give up their weapons upon a promise that no
characterized by the intellectual or
harm should be done to them, and when the
mental rather than the physical
14 That craft, fraud, or disguise be employed. "distinction of craft and fraud" - means employed latter gave up their arms, the former attached
means to which the criminal resorts
- when by trickery, accused gained and killed them
to carry out his design
entrance in victim's house
-
- The accused, the step father of the offended
"craft vs fraud" party, taking advantage of the absence of the
- When there is a direct girl's mother, went to the house and took the
inducement by insidious words or young girl away, telling the latter that she was to
machinations, fraud is present; be taken to her godmother's house. The accused,
otherwise, the act of the accused however, took the girl to another house where he
doen in order not to arouse the ravished her.
suspicion of the victim constitutes
craft.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

Ex:
Ex:
- But inspite of the use of handkerchief to cover their
- The fact that the defendant had his face
faces, the culprits were recognized by the victim
blackened in order that he should not be
"disguise" recognized
- Clumsy accouterments
- resorting to any device to conceal
identity - When the defendany covered his face with
- The acts of the accused in disguising herself by using
handkerchief before committing the crime
her husband's clothes and a hat given to her by her
companion before they continued on their way to the
- Defendant illegally wore a Constabulary uniform
place where the she killed the deceased

"advantage be taken"
- means to use purposely excessive
force out of the proportion to the
- A strong man has ill-treated a child, an old or
means of defense available to the
decrepit person or one weakend by disease
person attacked
- One who attacks another with passion and
- Persons under the influence of liquor obfuscation
"superior strength"
- depends on the age, size, and
- An attack by a man with a deadly weapon upon - When a quarrel arose unexpectedly and the fatal
stregth of the parties
an unarmed and defenseless woman blow was struck at a time when the aggressor and
Ex: The accused attacked an unarmed 4 feet, 11 his victim were engaged against each other as man
"by a band" vs. "abuse of
inch girl with a knife. to man
strength"
That advantage be taken by the offender of - The element of band is
More than one participated in the - Numerical superiority - When the attack was made on the victim
15 superior strength, or means be employed to appreciated when the offense is -
offense Ex: The assailants were four in number and were alternately
weaken the defense. committed by more than three
armed with bladed instruments. The deceased
armed malefactors regardless of
was alone, unarmed, and taken by surpise. - Parricide where generally husband is physically
the comparative strength of the
stronger than the wife.
victim or victims; while abuse of
- When the weapon used is out of proportion to
strength is taking the advantage by
the defense available to the offended party - In the superiority of numbers
the culprits of their collective
strength to ovepower their
- Allegation of treachery, coercion, and forcible - When one acted as principal and the other two as
relatively weaker victim or victims.
abduction, illegal detention, multiple rape accomplices.

"to weaken the defense"

- Absorbs by a band or caudrilla
- the offender made the deceased
intoxicated thereby materially
weaking the victim's power
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"treachery" - frustrated murder or attempted murder

- when the offender commits any of
- When there is no evidence that the accused
the crimes against the person, - When the victim was tied elbow to elbow, his
resolved to commit the crime
employing means, methods or body with many wounds, and his head cut off
forms in the execution thereof
- Where no witness who could have seen how the
which tend directly and specially to - Illegally attacks a child of tender age and cuses
deceased was shot wa presented
insure its execution, without risk to his death
himself arising from the defense
- The attack was perpetrated in a frontal encounter,
which the offended party might - Killing a woman asking for mercy
Rules: shown by the location of wounds on the front part of
make.
1. Applicable only to crimes against the victim's body.
- The act of shooting the victim at a distance,
person
"mode of attack must be without the least expectation on his part that he
- The accused and his companions did not
consciously adopted" would be assaulted.
2. Means, methods, or forms need camouflage their hostile intentions. They announced
- accused must make some
not insure accomplishment of crime their presence at the scene of the crime with shouts
preparations to kill the deceased in - The attack on the victim was deliberate, sudden
and gunshots.
such manner as to insure the and unexpected and from behind with a firearm,
3. The mode of attack must be
execution of the crime or to make with a bladed weapon or other modes of armed
consciously adopted - Where the meeting between the accused and the
That the act be committed with treachery it impossibe or hard for the person - means and ways attack.
16 vistim is casual and the attack is impulsively done
(alevosia). attacked to defend himself or employed
Requisites:
retiliate. - Attack showing intention to eliminate risk
1. That at the time of the attack, the - When the victim was already defending himself
- the mode of attack must be Ex: victim asleep, victim half-awake or just
victim was not in the position to when he was attacked by the accused.
thought of by the offender and awakened, and victim grappling or being held
defend himself
must not spring from the
- When the accused gave the deceased a chance to
unexpected turn of events - Even if the deceased was face to face with the
2. The the offender consciously prepare
assailant given that the offended party was
adopted the particular means,
unable to prepare himself for defense.
method or form of attack employed - Where shooting is preceded by heated discussion
Rules: by him
- Whether or not the victim was the same person
1. When the aggression is - Principal by induction
whom the accused intended to kill
continuous, treachery must be
present in the beginning of the - If the intervention of other persons did not directly
- When there is conspiracy, treachery is
assualt. and especially insure the excution of crime without
considered against all offenders
risk to the accused
2. When the assault was not - Abuse of superios strength, aid of armed men,
continuous, in that there was - Nighttime, uninhabited place, cruelty, dwelling
by a band, craft, age, sex, and means to weaken
interruption, it is sufficient that the defense
treachery was present at moment
the fatal blow was given.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- Crimes against chastity, less serious physical

injuries, light or grave coercion, and murder
Ex:
"Ignominy"
- When before he was killed, the deceased, a Ex:
- a circumstance pertaining to the
landowner, was forced by the accused to kneel in - Where the rape was not perpetrated in the presence
moral order, which adds disgrace
front of his house servants drawn up in line or with knowledge of her husband
and obloquy to the material injury
before him.
caused by the crime
- When the rape was done after the husband was
That means employed or circumstances
- means and ways - When the accused raped a woman after winding killed
17 brought about which add ignominy to the "which add ignominy to the -
employed cogon grass around his genital organ
natural effects of the act. natural effects of the act"
- Where the accused sliced and took the flesh from
- the means employed or the
- Where one rapes a married woman in the the thighs, legs, and shoulders of the victim after
circumstances brought about must
presence of her husband killing her
tend to make the effects of the
crime more humilating or to put
- Assailant inserted into the mouth of the victim - When the man is killed in the presence of his wife
the offended party to shame
the muzzle of his pistol and fired

- Rape in robbery with homicide

ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

- The act of entering through the window

"unlawful entry"
That the crime be committed after an - when an entrance is effected by a - means and ways
18 - - If the offender entered the dwelling of another - Entry through a broken door
unlawful entry. way not intended for the purpose employed
through an opening not intended for the
- to effect entrance and not escape
purpose

- Rule 113, Sec. 11 (Revised Rules of Criminal

Prodcedure)
- Cutting of canvas of the tent where soldiers are
Ex: Breaking into any building or enclosure when the
sleeping
person to be arrested is or is reasonably believed to
"as a means to the commission of
be
That as a means to the commission of a a crime" - Not necessary that the offender should have
- means and ways
19 crime a wall, roof, floor, door, or window be - breaking a part of the building as - entered the building
employed - Rule 126, Sec. 7 (Revised Rules of Criminal
broken. a means to the commission of the Ex: A broke a window to enable himself to reach
Prodecure)
crime a purse with money on the table near that
Ex: Refusal of admittance to the place of directed
window, which he took while his body was
search after giving notice of his purpose and
outside the building.
authority
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

Ex:
- The car of the accused was used in trailing the
victim's car up to the time that it was overtaken
or blocked. It carried the victim on the way to the
scene of killing; it contained at its baggage
"with the aid of persons under
compartment the pick and shovel used in digging - If the motor vehicle was used only in facilitating the
fifteen years of age"
the grave; and it was the fast means of fleeing escape.
- Professional crimimals availing
and absconding from the scene.
themselves of minors taking
- The use of motor vehicle was merely incidental and
advantage of their irresponsibility
- When the accused stabbed and inflicted upon was not purposely sought to facilitate the
his girlfriend, mortal wounds which caused her commission of the offense or to render the escape of
That the crime be committed with the aid of "by means of motor vehicles"
death, while they were in a taxi which was hired the offender easier
persons under fifteen years of age, or by - used the motor vehicle in going to - means and ways
20 - and used by him. Ex: Where the primary purpose of the assailant in
means of motor vehicle, motorized the place of the crime, in carrying employed
riding on a motorized tricycle was to return to their
watercraft, airships, or other similar means. away the effects thereof, and in
- Even if the victims rode voluntarily in the camp after shooting a first victim and it was just
facilitating their escape.
jeepney, since they were lured and taken to the incidental that on his way to the camp, he happend
place where they were killed. to see the second victim
"or other similar means"
- other efficient means of
- Where a truck was used in carrying away the - Use of bicycle before and after committing the
transportation similar to
stolen rails and iron and wooden ties from the crime
automobile or airplane
scene of the theft to the place where they are
sold

- In roberry with homicide where a motor vehicle

was used in transporting the accused
ARTICLE 14. AGGRAVATING CIRCUMSTANCES

No. Paragraph Definition Basis Requisites Applicable Not Applicable

"cruelty"
- when the culprit enjoys and
delights in making his victim suffer
slowly and gradually, causing him
unnecessary physical pain in the
- Assailant stoned twice the victim
consummation of the criminal act.
1. That the injury caused be
- Extracting victim's eye and stuffing his mouth
deliberately increased by causing - When other wrong was done after victim was dead
That the wrong done in the commission of "be deliberately augmented by with mud
other wromg. Ex: Body of the deceased was dismembered
the crime be deliberately augmented by causing other wrong"
21 - ways employed
causing other wrong not necessary for its - means that the accused at the - Rape in roberry with homicide
2. That the wrong be unnecessary - Inflicting various succesive wounds upon a person
commission. time of the commission of the
for the execution of the purpose of in order to cause his death
crime had a deliberate intention to - Rape in murder
the offender.
prolong the suffering of the victim
- Plurality of wounds
"ignominy vs. cruelty"
- Ignominy involves moral suffering;
while cruelty refers to physical
suffering