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LAW 1 REVIEWER
CHAPTER 4: CIRCUMSTANCE
CRIMINAL LIABILITY
WHICH
AGGRAVATE
Article 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.
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.
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 his Code.
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.
11. That the crime be committed in consideration of a price,
reward, or promise.
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 use of any other
artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise is employed.
15. That the advantage be taken of superior strength, or means
be employed to weaken the defense.
16. 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.
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 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 be means of motor vehicle, 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.
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the nature of
the crime is
changed (along
with the
corresponding
penalty)
charged but
guides the court
in imposing the
proper penalty
Article 62
abuse of
public position
inherent in
crime of
falsification of
document by
public
authority.
IV. Republic Act No. 7692
Republic Act No. 7659 added a new aggravating circumstance
of organized/syndicated group in Article 62 (1a).
o Its a special aggravating circumstance because Art 14
(which are generally generic) was not correspondingly
amended.
o An organized/syndicated crime group means a
group of 2 or more persons collaborating,
confederating or mutually helping one another for
purposes of gain in the commission of any crime (not
exclusive to robbery as long as there is profit, so
estafa, kidnapping for ransom, etc).
PAR 1: THAT ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC
POSITION.
I. Basis Of Paragraph 1:
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II. Applicable Only When The Offender Is A Public Officer
Public position points to a public officer. Paragraph 1 is
applicable only to a public officer who takes advantage of such
public position.
III. Meaning Of Advantage Be Taken By The Offender Of His Public
Position.
Public officer must use the influence, prestige, or ascendancy
which his office gives him as a means to attain his desired
purpose (US v. Rodriguez).
o There must be an intimate connection between the
offense and office of the accused.
TEST: Did the accused abuse his office in order to commit the
crime? question to ask to know the essence of the matter.
A. Examples Where This Aggravating Circumstance Is Present
He could not have maltreated the victim if he was not a
policeman on guard duty. Because of his position, he had
access to the cell where the victim, who was under his custody,
was confined (People v. Ural).
A police officer in the course of investigation of a charge
against him for grave threats shot the complainant in a
treacherous manner (People v. Reyes).
Used their authority as members of the police and constabulary
to disarm the victim before shooting him (People v. Asuncion).
This aggravating circumstance is present when a councilor
collects fines and misappropriates them US v. Torrida:
o Facts: The accused is a councilor of Aparri. After
entering upon his duties, he ordered that deaths of
large animals must be reported to him as a councilman.
B. Examples Where This Aggravating Circumstance Is Not Present
This aggravating circumstance is not present when a
Congressman offered resistance to a peace officer People v.
Veloso
o Reason: Congressman did not take advantage of the
influence or reputation of his office.
When the public officer did not take advantage of the
influence of his position, this aggravating circumstance is not
present US v. Dacuycuy
o Facts: 39 people requested the accused who was a
councilor, to purchase cedulas for them at P39. He only
bought 16, and spent the rest of the money.
o Ruling: When a public officer commits a common crime
independent of his official functions and does acts that
are not connected with the duties of his office, he
should be punished as a private individual without this
aggravating circumstance. (Note: in the case, Dacuycuy
did not use the influence, prestige, or ascendancy of his
position when he committed estafa in the abuse of
confidence. He received the money in his private
capacity.)
Peace officers taking advantage of their public positions.
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o
o
C. There Must Be Proof That The Accused Took Advantage Of His
Public Position.
What needs to be proven? Taking advantage of public position
or using the influence, prestige, or ascendancy of said public
position.
In the absence of proof of advantage, the aggravating
circumstance of abuse of public position could not be properly
appreciated.
IV. Failure In Official Duties Is Tantamount To Abusing Of Office.
If it is proven that one has failed in his duties as a public officer,
this circumstance would warrant the aggravation of his penalty.
Examples:
o The fact that the defendant was the vice president of a
town at the time he voluntarily joined a band of
brigands made his liability greater (US v. Cagayan).
V. Not Aggravating When
A. It Is An Integral Element Of, Or Inherent In, The Offense.
Where taking advantage is an integral element of the crime:
o Article 217: Malversation
o Article. 171: falsification of document committed by
public officers
o Article. 19, par. 3: Taking advantage of public position
is inherent in the case of accessories and in crimes
committeed by public officers.
o Articles. 203-245: Crimes committed by public officers.
B. If The Accused Could Have Perpetrated The Crime Even Without
Occupying His Position, There Is No Abuse Of Public Position.
Not aggravating if accused could have perpetrated the crime
without occupying police position. People v. Herrera mere
fact that the accused-appellant is a policeman and used his
government issued .38 caliber revolver to kill is not sufficient to
establish that he misused his public position in the commission
of the crime.
The offenders being a public officer does not ipso facto make it
aggravating. If the public officer could have committed the
crime without the use of public position, it is not aggravating.
Thus, using ones service firearm in shooting someone does not
fall under this aggravating circumstance (People v. Villamor).
PAR. 2: THAT THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH
INSULT TO THE PUBLIC AUTHORITIES.
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IV. FIRST and SECOND ELEMENT: The Crime Should Not Be Committed
Against The Public Authority.
If the crime is committed against a public authority while he is
in the performance of his official duty, the offender commits
direct assault (Article 148) without this aggravating
circumstance, because it is not a crime committed in
contempt of or with insult to him, but a crime directly
committed against him.
People v. Santok did not follow this where it was held that
homicide was committed with this aggravating circumstance
since the deceased was shot while in the performance of his
official duty as barrio lieutenant.
o The accused should have been prosecuted for and
convicted of a complex crime of homicide with direct
assault WITHOUT this aggravating circumstance.
V. THIRD ELEMENT: Knowledge That A Public Authority Is Present Is
Essential.
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VI. FOURTH ELEMENT: Presence Of Public Authority Has Not
Prevented Offender From Committing The Crime.
An offense may have been said to be committed in contempt
when the offender proceeds with the criminal act even with the
full knowledge of a public authoritys presence.
Remember: Not applicable when crime is committed in the
presence of an agent only.
PAR. 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.
I. When All The Four Aggravating Circumstances (Age, Sex, Rank,
Dwelling) Are Present, Must They Be Considered As One?
Can be considered single or together.
If all the 4 circumstances are present, they have the weight of
one aggravating circumstance only.
BUT see People v. Santos in Article 14(6).
II. Basis of Paragraph 3:
On the greater perversity of the offender, as shown by the
personal circumstances of the offended party and the place of
the commission of the crime.
III. Applicable Only To Crimes Against Persons Or Honor, Not Property
IV. Meaning Of With Insult Or In Disregard.
It is necessary to prove the specific fact or circumstance in
order that it may be considered as aggravating circumstance
(People v. Valencia).
There must be evidence that in the commission of the crime,
the accused deliberately intended to offend or insult the sex or
age of the offended party (People v. Mangsant).
The circumstance of old age cannot be considered aggravating.
V. With Insult Or In Disregard Of The Respect Due The Offended Party
On Account Of The
A. Rank Of The Offended Party
Meaning of rank refers to a high social position or standing
as a grade in the armed forces; or to a graded official standing
or social position or station; or to the order or place in which
said officers are placed in the army and navy in relation to
others; or to the designation or title of distinction conferred
upon an officer in order to fix his relative position in reference
to other officers in matters of privileges, precedence, and
sometimes of command or by which to determine his pay and
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B. Age Of The Offended Party
The circumstance of lack of respect due to age applies in cases
where the victim is of tender age as well as of old age.
Deliberate intent to offend or insult required.
Disregard of old age not aggravating in robbery with homicide.
Robbery with homicide is primarily a crime against property
and not against persons. Homicide is a mere incident of the
robbery.
C. Sex Of The Offended Party
Refers to the female sex.
No disregard of respect due to sex
o Example: A and B (f) were sweethearts. B broke up with
A so A killed her. Held: it was not proved or admitted
by the accused that when he committed the crime, he
had the intention or disregarded the sex of the victim.
Disregard of sex is not aggravating in the absence of evidence
that the accused deliberately intended to offend or insult the
sex of the victim or showed manifest disrespect to her
womanhood.
o Killing a woman is not attended by the aggravating
circumstance if the offender did not manifest any
specific insult or disrespect towards the sex.
VI. Not applicable in certain cases
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A. Basis Of This Circumstance
Greater perversity of the offender, as shown by the place of the
commission of the offense and also because of the sanctity of
privacy the law accords to human abode.
B. What Dwelling Includes
When the deceased had two houses where he used to live, the
commission of the crime in any of them is attended by the
aggravating circumstance of dwelling
Includes dependencies, the foot of the staircase and enclosure
under the house.
If victim was only about to step on the first rung of the ladder
when he was assaulted, the aggravating circumstance of
dwelling will not be applicable (People v. Sespene).
Room in a boarding house (People v. Daniel)
Room of stay-in laundrywoman in house of amo (People v.
Sapinoso)
o Compare with People v. Punzalan, where this wasnt
appreciated because accused and victim lived together.
House of a squatter since law does not distinguish validity of
title
Little rooms separated by curtains (e.g. dormitory).
C. What Aggravates The Commission Of The Crime In Ones Dwelling:
1. Abuse of confidence which the offended party reposed in the
offender by opening the door to him;
2. Trespassing therein with violence or against the will of the
owner.
VIII. Offended Party Must Not Give Provocation
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A. Meaning Of Provocation In The Aggravating Circumstance Of
Dwelling
The provocation must be:
a. Given by the owner of the dwelling
b. Sufficient
c. Immediate to the commission of the crime.
If any of these conditions is not present, the offended party is
deemed not to have given provocation, and the fact that the
crime is committed in the dwelling of the offended party is an
aggravating circumstance.
B. There Must Be Close Relation Between Provocation And
Commission Of Crime In The Dwelling
Aggravating circumstance not applicable if provocation given by
the offended party true only when there exists a close
relation between the provocation and the commission of the
crime in the dwelling of the person from whom the provocation
came.
Because the provocation is not immediate, dwelling is
aggravating.
o People v. Dequina
Facts: Defendant learned that the deceased
and defendants house were maintaining illicit
relations. One night, he went to the house of
the deceased and killed him there. During the
trial, defendant claimed that deceased gave
provocation because of the illicit affair with his
wife.
Held: Provocation (illicit relations) not
immediate to the commission of the crime and
hence, dwelling is still aggravating. Provocation
IX. Even If The Offender Did Not Enter The Dwelling, This
Circumstance Applies
It is enough that the victim was attacked inside his own house,
although the assailant may have devised means to perpetrate
the assault from without.
Even if the killing took place outside the dwelling, it is
aggravating provided that the commission of the crime began
in the dwelling
o The act performed cannot be divided or the unity
resulting from its details be broken up.
Dwelling is aggravating in abduction or illegal detention
o Example: victim was taken from his or her house and
carried away to another place (dwelling is aggravating).
o But not aggravating when deceased was called down
from his house and he was murdered in the vicinity of
the house.
X. Whether Or Not Dwelling Is Aggravating
A. Dwelling Not Aggravating In The Following Cases:
Both offender and offended party are occupants of the same
house; true even if offender is a servant of the house.
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B. Dwelling Was Found Aggravating In The Following Cases Although
The Crimes Were Committed Not In The Dwelling Of The Victims
Boarding house where victim is a bedspacer.
Paternal home where they were guests at the time and did not
reside there.
C. Dwelling Is Aggravating When The Husband Killed His Estranged
Wife In The House Solely Occupied By Her In Case Of Adultery
When adultery is committed in the dwelling of the husband,
even if it is also the dwelling of the unfaithful wife, it is
aggravating because besides the latters breach of the fidelity
she owes her husband, she and her paramour violated the
respect due to the conjugal home and they both thereby
injured and committed a very grave offense against the head of
the house.
Dwelling not aggravating in adultery when paramour also lives
there
o Defendants had a right to be in the house
o Aggravating circumstance present in such case is abuse
of confidence
XI. Treachery
Aggravating circumstance of age, sex and rank are not
absorbed in the crime of treachery.
o People v. Lapaz aggravating circumstances of
disregard of sex and age are not absorbed in treachery
because treachery refers to the manner of the
commission of the crime, while disregard of sex and
age pertains to the relationship of the victim.
o BUT SEE People v. Malolot, where accused hacked to
death an 11-month old child and the SC considered age
absorbed by treachery. Sir doesnt agree with this case,
but its the later case, so it should prevail.
Age, sex, rank and dwelling can be appreciated separately from
treachery.
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PAR. 4: THAT THE ACT BE COMMITTED WITH (1) ABUSE OF
CONFIDENCE OR (2) OBVIOUS UNGRATEFULNESS
Note: There are 2 aggravating circumstances in this paragraph.
I. Basis Of Paragraph 4:
Greater perversity of the offender, as shown by the means and
ways employed.
II. FIRST AGGRAVATING CIRCUMSTANCE: Abuse Of Confidence
This circumstance exists only when offended party has given
trust to offender who later abuses this trust by committing a
crime.
Abuse of confidence must be a means of facilitating the
commission of the crime. Offender taking advantage of the
offended partys belief that the former would not abuse said
confidence.
A. Elements:
1. Offended party had trusted the offender.
2. Offender abused such trust by committing a crime against the
offended party.
3. Abuse of confidence facilitated the commission of the crime.
B. FIRST ELEMENT: Offended Party Trusted The Offender
Where confidence does not exist
People v. Luchico
Facts: Master made advances to his female
servant. She refused, fled, and the master
caught up with her and committed the crime of
rape. When the master raped the victim, she
had already lost her confidence in him from the
moment he made an indecent proposal and
offended her with a kiss.
Held: The confidence must facilitate the
commission of the crime, the culprit taking
advantage of offended partys belief that the
former would not abuse said confidence. No
aggravating circumstance in this case.
Special relation of confidence between accused and victim
o Betrayal of confidence is not aggravating
People v. Crumb Parents left to the care of
the abused their daughter. One day, accused
led the daughter to an isolated place and
threatened her with a knife to have sexual
intercourse with him. Though accused betrayed
the confidence reposed to him by the parents
of the girl, it did not facilitate the commission
of the crime and hence, its not aggravating.
o Killing of a child by an amah is aggravated by abuse of
confidence
People v. Caliso Killer of the child is the
domestic servant of the family and sometimes
the deceased childs amah. Aggravating
circumstance of abuse of confidence is present.
o Difference between the Crumb and Caliso case
Crumb case: the offended girl could resist,
although unsuccessfully, the commission of the
crime.
o
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III. SECOND AGGRAVATING CIRCUMSTANCE: Ungratefulness Must Be
Obvious i.e. Manifest And Clear
For obvious ungratefulness, the offended received favors from
the victim but still committed the crime (e.g. kupal).
Examples where this aggravating circumstance is present:
o Accused killed his father-in-law whose house he lived
and who partially supported him (People v. Floresca).
o 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 problems (People v. Lupango).
o Security guard killed a bank officer and robbed the
bank (People v. Nismal).
o Victim was suddenly attacked while in the act of giving
the assailants their bread and coffee for breakfast
(People v. Bautista).
Example where this aggravating circumstance is not present:
o Mere fact that the accused and offended party lived in
the same house is not enough to prove abuse of
PAR. 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
I. Basis Of Paragraph 5:
Greater perversity of the offender, as shown by the place of the
commission of the crime, which must be respected.
II. Place Where Public Authorities Are Engaged In The Discharge Of
Their Duties (Par. 5), Distinguished From Contempt Or Insult To Public
Authorities (Par.2)
Paragraph 5
Paragraph 2
Public authorities in the performance of their duties
Public authorities in the
Public authorities in the
performance of their duties must performance of their duties
be in their office
outside of their office
Public authority may be the
Public authority should not be the
offended party
offended party
III. Important Words And Phrases
A. That The Crime Be Committed In The Palace Of The Chief
Executive Or In His Presence Official Or Religious Functions, Not
Necessary.
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B. Where public authorities are engaged in the discharge of their
duties Other public authorities must be actually engaged in the
performance of duty
As regards to the place where the public authorities are
engaged in the discharge of their duties, there must be some
performance of public functions.
This aggravating circumstance was appreciated in a crime of
murder in an electoral precinct during election day as it is a
place where public authorities are engaged in the discharge of
their duties on such day (People v. Canoy)
C. Or in a place dedicated to religious worship
Cemeteries are not such place, however respectable they may
be, as they are not dedicated to the worship of God.
This aggravating circumstance was appreciated in a case where
the accused shot the victim inside the church or in a case of
unjust vexation where the accused kissed a girl inside a church
when a religious service was being solemnized (People v.
Aonuevo).
IV. Offender must have intention to commit a crime when he entered
the place (lack of respect!)
People v. Jaurigue
o Facts: At the time of the commission of the crime, both
deceased and defendant were inside the chapel.
PAR. 6: THAT THE CRIME BE COMMITTED (1) IN THE NIGHTTIME OR IN
(2) AN UNINHABITED PLACE, OR (3) BY A BAND, WHENEVER SUCH
CIRCUMSTANCES MAY FACILITATE THE COMMISSION OF THE OFFENSE
I. Basis Of Paragraph 6:
On the time and place of the commission of the crime and
means and ways employed.
II. Should These Circumstances Be Considered As One Only Or Three
Separately?
People v. Santos (April 27, 1897) Former ruling of only one
aggravating circumstance not an absolute and general rule
which would exclude the possibility of their being considered
separately when their elements are distinctly perceived and can
subsist independently, revealing a greater degree of perversity.
o People v. Cunanan nighttime and band were
considered separately.
General Rule: If all 3 circumstances are present, you should
consider them as one.
o Exception: When the 3 can be distinctly perceived and
can subsist independently of each other, revealing
greater perversity. (People v. Librando)
III. When Aggravating
Nighttime, uninhabited place or band is aggravating when
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IV. Test to determine when such circumstance may facilitate the
commission of the offense
A. Paragraph 6 Requires Only That Nighttime, Uninhabited Place, Or
Band May Facilitate The Commission Of The Offense
Test fixed by the stature is an objective one.
Nighttime may facilitate the commission of the crime crime
can be perpetrated unmolested, or interference can be avoided
or there would be greater certainty in attaining the ends of the
offender (People v. Matbagon).
Example: Nighttime facilitated the commission of the crime to
such an extent that the defendant was able to consummate it
with all its details without anyone nearby becoming aware of
its occurrence (People v. Villas).
B. Meaning Of Especially Sought For, For The Purpose Of
Impunity, And "Took Advantage Thereof.
These are other tests for the application of this aggravating
circumstance.
Especially sought for
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VI. Uninhabited Place (Desplobado)
A. What Is Uninhabited Place?
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B. It Is The Nature Of The Place That Is Decisive (People v. Bangug).
Aggravating circumstance should not be considered when the
place where the crime was committed could not be seen and
the voice of the deceased could be heard from a nearby house.
(People v. Laoto)
How aggravating circumstance should be determined: whether
or not in the place of the commission of the offense there was
a reasonable possibility of the victim receiving some help.
o It is not the distance, but the possibility or impossibility
of immediate aid to be obtained (People v. Ostia and
People v. Cabiles). If the distance is not so great, but
you have to climb a hill to reach the house to render
aid, despoblado is considered.
Open sea is considered as uninhabited place as no help can be
expected by the victim from other persons and the offenders
could easily escape punishment (People v. Nulla).
o The purely accidental circumstance that on the day in
question, another banca, namely, that of the witnesses
for the prosecution, was also at see, is not an argument
against the consideration of such aggravating
circumstance (People v. Rubia).
When the victims are the occupants of the only house in the
place, the crime is committed in an uninhabited place.
o A place about a kilometer from the nearest house or
another inhabited place is considered an uninhabited
place (People v. Aguinaldo).
Solitude must be sought to better attain the criminal purpose
o It must appear that the accused sought the solitude.
o The offenders must choose the place as an aid either
(1) to an easy and uninterrupted accomplishment of
VII. By a band
A. What Is A Band?
Whenever more than three armed malefactors shall have acted
together in the commission of an offense (Article 14(6), par.2).
The armed men must act together in the commission of the
crime.
o Stated in the definition of armed men that they shall
act together.
o There must be more than 3 armed men Even if there
are 20 persons, but only 3 are armed, this aggravating
circumstance by a band cannot be considered.
o If one of the four armed persons is a principal by
inducement, they do not form a band.
All the armed men, at least 4 in number, must
take direct part in the execution of the act
constituting the crime (Article. 17, par. 1,
Revised Penal Code).
Stone is included in the term arms
o There is intention to cause death if the accused throws
a stone at the victims (People v. Bautista).
B. When This Aggravating Circumstance Is Applicable:
Abuse of superior strength and use of firearms, absorbed in
aggravating circumstance of by a band.
o Aggravating circumstance of taking advantage of their
superior strength and with the use of firearms is
absorbed by the generic aggravating circumstance of
the commission of the offense by a band.
By a band is aggravating in robbery with homicide
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VIII. When Nighttime, Uninhabited Place, Or By A Band Did Not
Facilitate The Commission Of The Crime, Was Not Especially Sought
For, Or Was Not Taken Advantage Of.
Facts: 4 armed men casually met another group in an
uninhabited place at nighttime. They quarreled and in the heat
of anger, one from the other group was killed. Nighttime,
uninhabited place, and by a band are not aggravating
circumstances here.
Reason: When the offenders attacked the group of the
deceased in the heat of anger, they could not have taken
advantage of such circumstances, and such circumstances
could not have facilitated the commission of the crime as well.
PAR. 7: THAT THE CRIME BE COMMITTED ON THE OCCASION OF A
CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC, OR OTHER
CALAMITY OR MISFORTUNE.
I. Basis Of Paragraph 7:
Reference to the time of the commission of the crime, not the
means.
II. Reason For The Aggravation
III. The Offender Must Take Advantage Of The Calamity Or Misfortune
If accused was provoked by the offended party to commit the
crime during the calamity or misfortune, this aggravating
circumstance may not be taken into consideration for the
purpose of increasing the penalty because the accused did not
take advantage of it.
IV. Chaotic Condition As An Aggravating Circumstance
Or other calamity or misfortune conditions of distress
similar to those enumerated, that is conflagration, shipwreck,
earthquake, or epidemic.
Chaotic conditions after liberation is not included in this
paragraph (People v. Corpus). But in the case of People v.
Penjan), the chaotic condition resulting from the liberation of
San Pablo was considered a calamity.
Development of engine trouble at sea is a misfortune but not
within the context of the phrase other calamity or misfortune
(People v. Arpa).
PAR. 8: THAT THE CRIME BE COMMITTED WITH THE AID OF ARMED
MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY.
I. Basis Of Paragraph 8:
Means and ways of committing the crime.
II. Elements:
1. Armed men or persons took part in the commission of the
crime, directly or indirectly.
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III. Rule For The Application Of This Circumstance
Accused must have availed himself of the aid of armed men.
o Casual presence of armed men near the place where
the crime was committed does not constitute an
aggravating circumstance when it appears that the
accused did not avail himself of their aid or rely upon
them to commit the crime.
A. The Armed Men Must Take Part Directly Or Indirectly.
Accused stabbed the deceased to death alone, without
assistance from anyone, even though there were ten men
armed with daggers, and five without, but these men took no
part, directly or indirectly, in the commission of the crime. The
accused therefore did not avail himself of their aid or rely upon
them to commit the crime (US v. Abaigar).
B. Examples Of With Aid Of Armed Men
A secured the services of 3 armed Moros to kill her husband.
During the act, A held the light and supplied the men with rope
while the 3 men clubbed her husband to death. A was charged
with parricide with the aid of armed men (People v. Hane).
O and L were prosecuted for robbery with rape. They had
companions who were armed when they committed the crime.
It was held that they were guilty of robbery with rape with
aggravating circumstance of aid of armed men (People v. Ortiz).
Exceptions:
o Aggravating circumstance shall not be considered when
both the attacking party and the party attacked were
equally armed.
o Aggravating circumstance not present when the
accused as well as those who cooperated with him in
IV. With The Aid Of Armed Men (Par. 8), Distinguished From By A
Band. (Par. 6)
Paragraph 8 (Aid Of Armed Men)
Paragraph 6 (By A Band)
Aid of armed men is present even By a band requires more than
if one of the offenders merely three armed malefactors have
relied on their aid. Actual aid is acted together in committing the
not necessary.
offense.
A. Aid of armed men is absorbed by employment of a band
It is improper to be separately take into account against the
accused the aggravating circumstance of (1) the aid of armed
men, and (2) employment of a band in appraising the gravity if
the offense, in view of the definition of band which includes
any group of armed men, provided they are at least 4 in
number.
B. Distinguished From Article 62 (Organized Crime Syndicate)
By A Band
Article 62
Aid of Armed Men
Liability
All principals
All principals
Armed men are
accomplices
Number
4 or more
2 or more
2 or more
Specificity Crime not
Crime for GAIN
Crime not
specified
specified
Nature
Generic
Special
Generic
aggravating;
cant be offset
V. Aid Of Armed Men Includes Armed Women
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PAR. 9: THAT THE ACCUSED IS A RECIDIVIST.
I. Basis Of Paragraph 9:
Greater perversity of the offender, as shown by his inclination
to crimes.
II. Who Is A 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 Revised Penal Code (Article
14(9), Paragraph 2).
o No requirement that it be consummated. Can be
attempted or frustrated. Law does not distinguish.
III. Elements:
1. Offender is on trial for an offense.
2. He was previously convicted by final judgment of another
crime.
3. Both the first and second offenses are embraced in the same
title of the Code.
4. Offender is convicted of the new offense.
IV. FIRST ELEMENT: At the time of his trial for one crime.
What is controlling is the time of trial, not the time of the
commission of the crime.
o It is not required that at the time of the commission of
the second crime, the accused should have been
V. SECOND ELEMENT: Previously Convicted By Final Judgment
Section 7 of Rule 120 of the Revised Rules of Criminal
Procedure except where the death penalty is imposed, a
judgment in a criminal case becomes final.
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VI. THIRD ELEMENT: The Present Crime And The Previous Crime Must
Be Embraced In The Same Title Of This Code.
When one offense is punishable by an ordinance or special law
and the other by the Revised Penal Code, the two offenses are
not embraced in the same title of the Code.
But recidivism was considered aggravating in a usury case
where the accused was previously convicted of the same
offense.
o Article 10 Revised Penal Code as supplementing
special laws of a penal character.
A. Examples Of Crimes Embraced In The Same Title Of The Revised
Penal Code
Robbery and theft (Title 10)
Homicide and physical injuries (Title 8)
The felonies defined and penalized in Book II of Revised Penal
Code are grouped in different titles.
VI. Pardon Does Not Obliterate The Fact That The Accused Was A
Recidivist; But Amnesty Extinguished The Penalty And Its Effects
This is the ruling in the case of US v. Sotelo.
Pardon does not prevent a former conviction form being
considered as an aggravating circumstance.
PAR. 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.
I. Basis of Paragraph 10:
Same as that of recidivism, i.e, the greater perversity of the
offender as shown by his inclination to crimes.
II. Elements:
1. Accused is on trial for an offense.
2. He previously served sentence for another offense to which the
law attaches an equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty than that for the
new offense.
3. He is convicted of the new offense.
III. Reiteracion or Habituality
In reiteracion or habituality, it is essential that the offender be
previously punished, that is, he has served sentence, for an
offense in which the law attached, or provides for an equal or
greater penalty than that attached by law to the second
offense, or for two or more offenses, in which the law attaches
a lighter penalty.
People v. Villapando The records did not disclose that the
accused has been so previously punished. Reiteracion or
habituality is not attendant.
IV. SECOND ELEMENT: Has been previously punished
Means that the accused previously served sentence for another
offense or sentences for other offenses before his trial for the
new offense.
Second requisite is present:
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A. Punished For An Offense To Which The Law Attaches An Equal X X
X Penalty.
A served sentence for forcible abduction punishable by
reclusion temporal then committed homicide after being
released, which is also punishable by reclusion temporal.
B. Punished For An Offense To Which The Law Attaches X X X Greater
Penalty.
A served sentence for homicide punishable by reclusion
temporal then committed falsification after punishable by a
penalty ranging from 6 years and 1 day to 12 years.
Suppose its falsification first then homicide after? No
habituality, because the penalty for the first offense is less than
that for the second offense. The penalty for the first offense
must at least be equal to that for the second offense.
Homicide before and homicide after? There is recividism,
because the first and the second offenses are embraced in the
same title of the Code.
C. Punished Xxx For Two Or More Crimes To Which It Attaches A
Lighter Penalty.
The previous two offenses, the law provides lesser penalties.
V. It Is The Penalty Attached To The Offense, Not The Penalty Actually
Imposed.
Article 14, Par. 10 speaks of penalty attached to the offense,
which may have several periods.
VI. Reiteracion Or Habituality, Not Always Aggravating.
If penalty is death and the offenses for which the offender has
been previously convicted are against property and not directly
against persons, courts should exercise its discretion in favor of
the accused by not taking this circumstance into account.
VII. The Four Forms Of Repetition:
1. Recidivism (Article 14, Par. 9)
2. Reiteracion or habituality (Article 14, Par. 10)
3. Multi-recidivism or habitual delinquency (Article 62, par. 5)
4. Quasi-recidivism (Article 160)
A. Recidivism And Reiteracion Distinguished
Recidivism
Reiteracion
Enough that a final judgment has Necessary that the offender shall
been rendered in the first offense have served out his sentence for
the first offense
Requires that the offenses be Previous and subsequent offenses
included in the same title of the must not be embraced in the
Code
same title of the Code.
Always to be taken into Not always an aggravating
consideration in fixing the penalty circumstance
to be imposed upon the accused
No requirement as to penalty Prior crime must have been
imposed on the prior conviction
penalized with an equal or greater
penalty or 2 or more crimes with
lighter penalty
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B. Habitual Delinquency
There is habitual delinquency when a person, within a period of
10 years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery,
theft, estafa, or falsification, is found guilty of any of said
crimes a third time of oftener.
o There is a need for 3 convictions, with the third being
committed within 10 years from the second.
In habitual delinquency, he is either a recidivist or punished for
habituality (two or more crimes).
o An offender can be a recidivist and habitual delinquent
at the same time.
He shall suffer an additional penalty for being a habitual
delinquent (special aggravating circumstance).
Recidivism
Habitual Delinquency
Convictions Two are enough
Three are required
Crimes
Must be both under the Serious or less serious
covered
same title of the Code
physical injuries, robbery,
theft,
estafa,
or
falsification
Prescription None as no time limit given Prescribes if the 10-year
by law between the 1st and limit between the second
2nd convictions
and third convictions are
exceeded
Nature
Generic, can be offset
Special, cant be offset
Penalty
Increase is to the max Entails additional penalty,
period
which increases with the
number of convictions
C. 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. (Article 160)
This is a special aggravating circumstance that cant be offset,
and penalizes the offender with the max period of the new
felony committed.
o Example: Accused is serving sentence for homicide.
Then kills someone in prison. Hell get the max period
for his second homicide.
PAR. 11: THAT THE CRIME BE COMMITTED IN CONSIDERATION OF A
PRICE, REWARD, OR PROMISE
I. Basis For Paragraph 11
Greater perversity of the offender, as shown by the motivating
power itself.
II. This Aggravating Circumstance Presupposed The Concurrence Of
Two Or More Offenders
There must be 2 or more principals, the one who gives or offers
the price or promise, and the one who accepts it.
Both of whom are principals to the former, because he
directly induces the latter to commit the crime, the latter
because he actually commits it.
A. Is This Paragraph Applicable To The One Who Gave The Price Or
Reward?
YES. It affects not only the person who received the price of the
reward but also the person who gave it (US v. Parro). The
aggravating circumstance of price, reward or promise thereof
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III. Application Of This Paragraph: Price Reward Or Promise Must Be
For The Purpose Of Inducing Another To Perform The Deed
For this aggravating circumstance to be considered against the
person, inducement must be primary consideration for the
commission of the of the crime by him (People v. Paredes).
Evidence must show that one of the accused used money or
other valuable consideration for the purpose of inducing
another to perform the deed (US v. Gamao).
o Services can constitute valuable consideration.
If without previous promise it was given voluntarily after the
crime has been committed as an expression of his appreciation
for the sympathy and aid shown by other accused, it should not
be taken into consideration for the purpose of increasing the
penalty (US v. Flores).
A. Effect Of Mistake In Identity Of The Victim
The aggravating circumstance will only be considered for the
case of the acceptor and not the one who made the offer.
PAR. 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,
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IV. Par. 12 Distinguished From Par. 7
Paragraph 12
Paragraph 7
The crime is committed by means The crime is committed on the
of any of such acts involving great occasion of a calamity or
waste or ruin
misfortune
PAR. 13: THAT THE ACT BE COMMITTED WITH EVIDENT
PREMEDITATION
I. Basis of Paragraph 13
Ways of committing the crime, because it implies a deliberate
planning of the act before executing it.
II. Illustration Of Deliberate Planning
A planned to kill B, where his plan could be deduced from the
following outward circumstances:
o He caused his co-accused, C, to be drunk.
o He remarked that he had a grudge against B.
o He supplied ammunition to C.
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VI. FIRST REQUISITE: The Date And Time When The Offender
Determined To Commit The Crime Essential
This is because the lapse of time for the purpose of the 3rd
requisite is computed from that date and time.
VII. SECOND REQUISITE Necessary: Manifest Indication Of Clinging To
Culprits Determination
The premeditation must be based upon external acts and not
presumed from mere lapse of time.
o The criminal intent must be notorious and manifest and
the purpose and determination must be plain and have
been adopted after mature consideration on the part
of the persons who conceived and resolved upon the
perpetration of the crime, as a result deliberation,
meditation and reflection sometime before
commission.
The rule is that the qualifying circumstance of premeditation is
satisfactorily established only if it is proved that the defendant
had deliberately planned to commit the crime, and had
persistently and continuously followed it, notwithstanding that
he had ample time to allow his conscience to overcome the
determination of his will, if he had so desired after meditation
and reflection (People v. Sarmiento).
A. Second Requisite Exists
It can be said that the offender clung to their determination when:
Was carefully planned by the offenders.
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B. Mere Threats Without The Second Element Does Not Show Evident
Premeditation
A threat to kill, unsupported by other evidence which would
disclose the criminal state of mind of the accused is not a
resolution involved in evident premeditation (People v.
Fernandez).
The mere fact as soon as the accused heard that the deceased
had escaped from stockade he prepared to kill him is
insufficient to establish evident premeditation. The proposition
was nothing but an expression of his own determination to
commit the crime differ from premeditation (People v.
Carillo).
There is no showing that, between the day the threat was given
and the day the killing actually occurred, the appellant made
plans or sought the deceased to accomplish the killing. The
killing happened when the appellant was plowing the field and
the deceased unexpectedly appeared (People v. Sarmiento).
VIII. THIRD REQUISITE: Sufficient Lapse Of Time
Law does not give formula. Case to case basis. (People v. Rodas)
When the act was not prompted by the impulse of the
moment.
A. Existence Of Ill-Feeling Or Grudge Alone Is Not Proof Of Evident
Premeditation
A grudge or resentment is not a conclusive proof of evident
premeditation.
B. Reason Why Sufficient Time Is Required
To give the offender an opportunity to coolly and serenely
think and deliberate on the meaning and the consequences of
what he planned to do, an interval long enough for his
conscience and better judgment to overcome his evil desire
and scheme.
C. There Must Be Sufficient Time Between The Outward Acts And The
Actual Commission Of The Crime
The mere fact that the accused was lying in wait before the
attack is NOT sufficient to sustain a finding of evident
premeditation, in the absence of proof that he had been lying
in wait for a substantial period of time.
IX. Conspiracy generally presupposes premeditation
When conspiracy is directly established, the existence of
evident premeditation can be taken for granted.
Exception: When conspiracy is only implied, evident
premeditation my not be appreciated (in the absence of proof
as to how and when the plan to kill was hatched).
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XII. Evident Premeditation, While Inherent In Robbery, May Be
Aggravating In Robbery With Homicide IF The Premeditation
Included The Killing Of The Victim.
If the killing is only incidental because the original plan was only
to rob, this aggravating circumstance should be disregarded.
Thus:
o If in addition to the crime of robbery, the accused
intended to kill a person (robbery with homicide),
evident premeditation is aggravating.
o But if he had no plan to kill a person, but ends up killing
a person in the house who put up some form of
resistance, no evident premeditation (People v
Curachia).
PAR. 14: THAT (1) CRAFT, (2) FRAUD, OR (3) DISGUISE BE EMPLOYED.
I. Basis of Paragraph 14
Means employed in the commission of the crime
II. Application Of This Paragraph
This circumstance is characterized by the intellectual or mental
rather than the physical means to which the criminal resorts to
carry out his design.
These cannot be appreciated when it did not facilitate the
commission of the crime, or when it was not taken advantage
of by the offender in the course of the assault.
If they were used to insure the commission of the crime against
persons without risk to offender, absorbed by treachery
(usually absorbed by treachery)
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III. Craft (Involves intellectual trickery and cunning on the part of the
accused)
It is chicanery resorted to by the accused to aid in the execution
of the crime.
Example:
o When the accused pretended to be bona fide
passengers in the taxicab driven by the diseased in
order to not arouse his suspicion and then killing him,
there is craft (People v. Daos).
o Accused lures victim out of his house (People v.
Barbosa) or into a false sense of security to make him
unmindful of the tragedy that would befall him (People
v. Rodriguez)
o Craft was used in rape when the accused offered a
drugged but innocent looking chocolate to the victim,
which did not arouse her suspicion, in order to weaken
and prevent her from resisting (People v. Guy, CA).
A. Craft, When Not An Aggravating Circumstance.
Where craft partakes of an element of the offense, the same
may not be appreciated independently for the purpose of
aggravation.
Craft is not clearly established where accused and his
companions did not camouflage their hostile intentions and
even announced their presence with shouts and gunshots
(People v. Cunanan).
IV. Fraud (Insidious words or machinations used to induce the victim to
act in a manner which would enable the offender to carry out his
design)
Example: Where the defendants induced their victims to give
up their arms upon a promise that no harm would befall them
(US v. Abelinde).
A. Hairline Distinction Between Craft And Fraud
There is craft OR fraud (either can be used) when by trickery,
accused gained entrance in the victims house by pretending
they had pacific intentions (People v. Saliling).
B. How Is Craft Distinguished From Fraud?
Craft
Fraud
When the act of the accused was When there is a direct inducement
done in order not to arouse the by
insidious
words
or
suspicion of the victim
machinations
VI. Disguise (Resorting to any device to conceal identity)
Example:
o Defendant blackened his face in order that he should
not be recognized (US v. Cofrada).
o The fact that the mask subsequently fell down thus
paving the way for identification does not render the
aggravating circumstance of disguise inapplicable
(People v. Cabato).
o Use of an assumed name in publication (People v.
Adamos).
A. Disguise, Not Considered
When the disguise was not effective in concealing identity.
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B. The Purpose Of The Offender In Using Any Device Must Be To
Conceal His Identity
Muslim turbans are not disguises, since it is not intended to
conceal ones identity (US v. Rodriguez).
Disguise did not facilitate the consummation of the killing, nor
taken advantage of by the malefactors in the course of the
assault. Their mode of attack i.e. arriving with shouts and
gunshots counteracted whatever deception might have arisen
from their disguise (People v. Cunanan).
PAR. 15: THAT (1) ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH,
OR (2) MEANS BE EMPLOYED TO WEAKEN THE DEFENSE
I. Meaning Of Advantage Be Taken
Means to use purposely excessive force out of proportion to the
means of defense available to the person attacked.
II. Illustrations
A. Illustrations Of No Advantage Of Superior Strength
One who attacks another with passion and obfuscation does
not take advantage of his superior strength.
When a quarrel arose unexpectedly and the fatal blow was
struck at a time when the aggressor and his victim were
engaged against each other as man to man.
When the attack was made on the victim alternately, there is
no abuse of superior strength (People v. Narciso).
B. Illustrations Of Abuse Of Superior Strength
When a strong man has ill-treated a child, an old decrepit
person, or one weakened by disease or where a persons
C. Abuse Of Superior Strength When A Man Attacks A Woman With A
Weapon
An attack made by a man with a deadly weapon upon an
unarmed and defenseless woman constitutes abuse of
superiority which his sex and the weapon used afforded him,
and which the woman is unable to defend herself.
No abuse of superior strength in parricide against the wife.
That the victim is a woman is inherent in parricide.
III. Evidence Of Relative Physical Strength Necessary
There must be evidence that the accused were physically
stronger and that they abused such superiority.
The mere fact of being a superiority of numbers is not sufficient
to bring the case within aggravating circumstance.
IV. When Abuse Of Superior Strength Is Aggravating
This aggravating circumstance depends on the age, size, and
strength of the parties.
It is considered whenever there is a notorious inequality of
forces between the victim and the aggressor which is taken
advantage of him in the commission of the crime.
A. Number Of Aggressors, If Armed, May Point To Abuse Of Superior
Strength
There is no abuse of superior strength where the accused did
not cooperate in such a way as to secure advantage from their
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A. Intoxicating The Victim To Weaken Defense
This is for the purpose of materially weakening the latters
resisting power.
If the state of intoxication is such that the victim cannot put
up any sort of defense, treachery may be considered.
VII. Applicable Only To Crimes Against Persons, Etc.
This circumstance is applicable only to crimes against persons,
and sometimes against person and property, such as robbery
with physical injuries or homicide (i.e. robbery with homicide).
A. Means To Weaken The Defense Absorbed In Treachery
In People v. Guy, employing means to weaken the defense is
not the aggravating circumstance. It is craft.
PAR. 16: THAT THE ACT BE COMMITTED WITH TREACHERY
(ALEVOSIA).
I. Basis Of Paragraph 16
Means and ways employed in the commission of the crime.
II. Meaning Of 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.
It means that the offended party was not given opportunity to
make a defense.
Treachery is present when the attack is:
o Sudden
Unexpected
Without warning
Without giving the victim an opportunity to defend
himself or repel the aggression
o Made when the deceased did not sense any danger as
there was no grudge or misunderstanding
Essence: swiftness and the unexpectedness of the attack
However, the suddenness of the attack must be preconceived
by the accused, unexpected by the victim and without
provocation on the part of the latter.
III. Rules Regarding Treachery
RULE 1: Applicable Only To Crimes Against Persons
Based on the phrase crime against the person.
RULE 2: It Is Not Necessary That The Mode Of Attack Insures The
Consummation Of Offense
It is necessary only to insure its execution NOT
accomplishment.
o It is sufficient that it tends to an intended end.
The treacherous character of the means employed does not
depend upon its consummation otherwise there would be no
attempted or frustrated murder qualified by treachery.
Treacherous character of the offense is dependent on the
MEANS itself, in connection with the aggressors purpose.
Treachery cannot be presumed
o It is necessary that the existence of this qualifying or
aggravating circumstance should be proven as fully as
the crime itself in order to aggravate the liability or
penalty incurred by the culprit.
Illustrations NO treachery in the following cases:
o When no particulars are known to the commission of
the crime as the wound which resulted into the death
of victim could have been accidental (US v. Perdon).
o
o
o
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IV. Where The Meeting Between The Accused And The Victim Is
Casual And The Attack Impulsively Done, There Is NO Treachery
Treachery cannot be appreciated where there is nothing in the
record to show that the accused had pondered upon the mode
or method to insure the killing of the deceased or remove or
diminish any risk to himself that might arise from the defense
that the deceased might make.
Main characteristics: deliberate, sudden and unexpected
o Mere suddenness of the attack is not enough to
constitute treachery. Such method or form of attack
must be deliberately chosen by the accused.
Where the meeting between the accused and the victim is
casual and the attack impulsively done, there is not treachery
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VII. Instances where treachery may or may not exist:
When the accused gave the deceased a chance to prepare,
there was no treachery.
No treachery where the attack is preceded by a warning.
o Calling attention of the victim not necessarily a
warning.
o Thus, treachery may be appreciated even when the
victim is warned of the danger to his person, for what is
decisive is that the attack made it impossible for the
victim to defend himself or retaliate
No treachery where shooting is preceded by heated
discussion
o This allows the victim to insure their safety before the
attack of the defendants.
o Killing unarmed victim whose hands are upraised is
committed with treachery.
o Killing a woman asking for mercy is committed with
treachery.
There is treachery in killing a child
o This is so because the weakness of the victim due to his
tender age.
Intent to kill is not necessary in murder with treachery.
o There is no incompatibility, moral or legal, between
aleviosa and the mitigating circumstance of not having
intended to cause so great an injury (Article 13)
o But intent to kill is necessary in murder committed by
means of fire.
Treachery may exist even if the attack is face to face
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X. In Treachery, It Makes No Difference Whether Or Not The Victim
Was The Same Person Whom The Accused Intended To Kill
The purely accidental circumstance that as a result of the shots,
a person other than the one intended was killed, does NOT
modify the nature of the crime nor lessen his criminal
responsibility.
Treachery may be taken into account despite mistake in
identity.
The reason for this rule is that when there is treachery, it is
impossible for either the intended victim or the actual victim to
defend himself against the aggression
XI. When Treachery Is Not To Be Considered As To The Principal By
Induction
When it is NOT shown that the principal induced the killer to
adopt the means or methods actually used, because the former
left to the latter the details as to how it was to be
accomplished, treachery CANNOT be taken into consideration
as to the principal by induction.
It shall aggravate the liability of the actual killer ONLY.
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PAR. 17: THAT MEANS BE EMPLOYED OR CIRCUMSTANCES BROUGHT
ABOUT WHICH ADD IGOMINY TO THE NATURAL EFFECTS OR THE ACT.
I. Basis Of Paragraph 17:
Means employed
II. Definition Of Ignominy
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III. Applicability:
1. Crimes against chastity,
2. Less serious physical injuries,
3. Light or grave coercion, and
4. Murder
IV. Important Words And Phrases
A. That Means Be Employed
Example: wrapping the genital with cogon before rape to
increase pain (People v. Torrefiel, et al., CA)
B. That x x x Circumstances Be Brought About.
Example: Where one rapes a married woman in the presence of
her husband (US v. Iglesia) or betrothed (US v. Casaas).
C. Which Add Ignominy To The Natural Effects Of The Act
Means that the means or circumstances make the crime more
humiliating or to put the offended party to shame.
It is incorrect to appreciate adding ignominy to the offence
where the victim is already dead when his body was
dismembered (People v. Carmina).
No ignominy when a man is killed in the presence of his wife.
Because no means was employed nor did any circumstance
surround the act tending to make the effects of the crime more
humiliating (US v. Abaigar).
Rape as ignominy in robbery with homicide.
o Though it is not specifically enumerated in Article 14,
rape, wanton robbery for personal gain, and other
forms of cruelties are condemned and their
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C. Or Other Similar Means
The expression should be understood as referring to motorized
vehicles or other efficient means of transportation similar to
automobile or airplane.
Vehicles that are motorized (bicycles are not included)
PAR. 21: THAT THE WRONG DONE IN THE COMMISSION OF THE
CRIME BE DELIBERATELY AUGMENTED BY CAUSING OTHER WRONG
NOT NECESSARY FOR ITS COMMISSION.
I. Basis Of Paragraph 21:
Ways employed in committing the crime.
II. 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.
It is essential that the wrong done was intended to prolong the
suffering of the victim.
Test: whether accused deliberately and sadistically augmented
the wrong by causing another wrong not necessary for its
commission or inhumanly increased the victims suffering or
outraged or scoffed at his person or corpse.
o People v. Sitchon where bad common-law dad beat
to death his 2-year old son for spreading his poo
around the floor. The Court did not consider cruelty
because no proof that common-law dad enjoyed the
beating.
III. Elements Of Cruelty:
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