Article 14: Aggravating Circumstances Paragraph Definition Basis Requisites

PM
1. Offender is Public Officer Personal Circumstances (Offender) + Means Used 2. Public Officer Must use influence, prestige, or ascendancy which his office gives him as means to realize criminal purpose

CKEN
1.

Crime committed is not against the

public authority (PA)

2. Offender Know him to be a PA

2
Rank refers to a high social position or standing by which to determine ones pay and emoluments in any scale of

Lack of Respect

3. PA is Engaged in the exercise of his functions 4. PAs presence has Not prevented the offender from committing the criminal act Provocation: SIGa

Personal Circumstance (Offended) + Place

1. 2. 3.

Sufficient Immediate Given by owner

comparison within a position. Age the circumstance of lack of respect due to age applies in case where the victim is of tender age as well as old age. Sex refers to female sex, not to the male sex. Dwelling a structure exclusively used for rest and comfort.

Present SIGa = Provocation = No A.C.

Confidence: TAF 1. Offended party Trusted the offender 2. Offender Abused such trust by committing a crime against the offender 3. Abuse of confidence Facilitated the commission of the crime

Means and Ways Employed

Ungratefulness: TAO 1. Offended party Trusted the offender 2. Offender Abused such trust by committing a crime against the offender 3. That the act be committed with

Obvious ungratefulness
Public Authority: PP Place of the Commission 1. Crime occurred in Public Office 2. Public authorities are actually performing Public duties

Nighttime begins at the end of dusk and ending at dawn; from sunset to sunrise Uninhabited Place one where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other. 1. Time, Place, Means and Ways employed

SAF Sought for by the offender to insure

the commission of the crime 2. Offender took Advantage thereof for the purpose of impunity 3. It Facilitated the commission of the crime

CT
1. Crime was committed during a

Calamity
Time of Commission 2. Offender Took advantage of the state of confusion or chaotic condition from such calamity

TA
1. Armed men or persons Took part in the commission of the crime, directly or indirectly 2. Accused Availed himself of their aid or relied upon them when the crime was committed

Means and Ways employed

PECO
Recidivism where a person, on separate occasions, is convicted of two offenses embraced in the same title in the RPC. 1. Offender Previously convicted by final judgment of another crime 2. First and Second offense are Inclination to Crimes

Embraced in the same title of this

Code 3. Offender is Convicted of the new offense 4. Offender is On trial for an offense

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Reiteracion or Habituality where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty.

COS
1.

Inclination to Crimes

2. 3.

Convicted of the new offense Offender is On trial for an offense Offender previously served 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.

PP

11 12 13
Essence of Premeditation the execution of the criminal act must be preceded by cool

Motivating Power

1. at least 2 Principals: by Inducement by Direct Participation 2. the Price, reward or promise should be previous to and in consideration of the commission of the criminal act. 1. Wasteful means used by the offender to accomplish a criminal purpose.

Means and Ways Employed Ways of Committing the Crime

SAT
1.

Sufficient lapse of time between the

determination and execution, to allow defender to reflect upon the

thought and reflection upon resolution to carry out criminal intent during the space of time sufficient to arrive at a calm judgment. Craft involves intellectual trickery and cunning on the part of the accused. Fraud involves insidious words or machinations used to induce victim to act in a manner which would enable the offender to carry out his design.
Disguise resorting to any device to conceal identity. Purpose of concealing identity is a must.

consequences of his act and to allow his conscience to overcome the resolution of his will. 2. 3.

Act manifestly indicating that the

culprit has clung to his determination

Time when the offender determined to

commit the crime.

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Means Employed

1. The offender must have actually taken advantage of craft, fraud or disguise to facilitate the commission of the crime.

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Superior Strength to deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked Weaken the Defense offender employs means that materially weaken the resisting power of the offended party. Treachery when the offender commits any of the crimes against person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution

Means to Weaken the Defense: PeSTE 1. Means were Purposely Sought to weaken the defense of the victim to resist the assault 2. Means used not Totally Eliminate possible defense of the victim, otherwise it will fall under treachery.

Means Employed

VIDOCA
1. at the time of the attack, the VIctim

16

Means and Ways Employed

was not in the position to Defend himself. 2. the Offender Consciously Adopted the particular means, methods and forms of attack employed by him.

17 18 19 20 21

without risk to himself arising from the defense which the offended party might make. Ignominy is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. Unlawful Entry when an entrance is effected by a way not intended for the purpose.

PINER CHUSHA
1. crime must be against less serious

Means Employed

Physical INjuries, murdER, Chastity and light or grave Coercion.

2. the circumstance made the crime more

HUmiliating and SHAmeful for the

victim.

Means and Ways Employed

Means and Ways Employed Means and Ways Employed Cruelty there is cruelty when the culprit enjoys and delights in making

DEN
Ways Employed
1. injury caused be DEliberately increased by causing other wrong.

his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the act. Article 15: Alternative Circumstances Relationship Crime/s: Against Property Mitigating Circumstance Robbery Usurpation Fraudulent Insolvency Arson

2. other wrong be unNecessary for the execution of the purpose of the offender.

Aggravating Circumstance

Against Persons

When offended party is a relative of: 1. Higher Degree than offender, or 2. Offender and Offended Party are relatives of the same level (e.g. brothers)

Serious Physical Injuries

Less Serious Physical Injuries Homicide or Murder Rape Against Chastity, Acts of Lasciviousness It is neither mitigating nor aggravating if the qualification given to the crime is derived from relationship because it is inherent and inseparable from the offense. (E.g. parricide, adultery and concubinage)

Even if descendant but the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement Offended Party is a relative of Lower Offended Party is a relative of Degree Higher Degree Even if victim is relative of a Lower Degree Where a stepfather raped his stepdaughter or where a father raped his daughter

Always aggravating whether the offender is relative of a higher or lower degree of offended party

Intoxication, Instruction and Education Mitigating Circumstance Not Habitual or Not Subsequent to the plan to commit a felony Lack or Low Degree Exceptions: 1. Crimes against property (e.g. arson, estafa, theft, robbery) 2. Crimes against chastity 3. Treason (love of country should be a natural feeling of every citizen, however uncultured or unlettered he may be) Aggravating Circumstance Habitual or Intentional

Intoxication

Instruction and Education

High Degree

Article 17: Principals Three types of Principals: 1. Direct Participation 2. Induction 3. Indispensable Cooperation Type of Principal Requisites

PARE CATODI
Direct Participation
1. they PArticipated in the criminal REsolution; and (conspiracy) 2. they CArried out their plan and personally TOok part in the execution by acts which DIrectly tended to the same end.

hINDE
1.

INducement be made directly with the

Induction

intention of procuring the commission of the crime; and

2. inducement be the

DEtermining cause of the

commission of the crime by the criminal executor

PACO
Indispensable Cooperation
1.

PArticipation in the criminal resolution, that is,

there is either anterior conspiracy or unity of criminal purpose and the intention immediately before the

commission of the crime charged; and

2.

COoperation in the commission of the offense by

performing another act, without which it would not have been accomplished

Two ways of Becoming Principal by Induction: 1. By directly forcing another to commit a crime by: a. Using irresistible force b. Causing uncontrollable fear 2. By directly inducing another to commit a crime by: a. Giving of price, or offering of reward or promise. b. Using words of command.