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Art. 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 or with insult to
the public authorities.

1. That the public authority I
engaged in the exercise of his
functions

2. That the public authority is
not the person against whom th
crime is committed

3. The offender knows him to be
a public authority


4. His presence has not
prevented the offender from
committing the criminal act
3. 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 is 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.

Abuse of confidence
1. That the offended party
had trusted the offender
2. That the offender
BUSED THE confidence
of the offended party
3. That the abuse of
confidence facilitated the
commission of the crime
Obvious ungratefulness
1. That the offended party
had trusted the offender
2. Abused such trust by
committing a crime
against the offended
party
3. That the act be
committed with 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.

1. When it facilitated the
commission of the crime
2. When especially sought
for by the offender to
insure the commission of
the crime or for the
purpose of impunity
3. When the offender took
advantage thereof for the
purpose of impunity
6. That the crime be committed
in the night time, 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.
1. that the men or persons took
part in the commission, directly
or indirectly
2. that the accuser availed
himself of their aid or relied
upon them when the crime was
committed

recidivist 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 this Code.

1. That the offender is on
trial for an offense
2. That he was previously
convicted by final
judgementof another
crime
3. That both the first and
the second offenses are
embraced in the same
title of the code
4. That the offender is
convicted of the new
offense
Reiteracion or habituality 10. That the offender has been
previously punished by 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.

1. That the accused is on trial for
an offense
2. That he previously served
sentence for another offense to
which the law attaches an equal
or greater penalty or 2 or more
lighter penalties than that for the
new offense
3. That he is convicted of the
new offense
11. That the crime be
committed in consideration of
a price, reward, or promise.

Reward must be the primary
reason or premordial motive for
the commission of the crime
12. That the crime be
committed by means of
inundation, fire, poison,
explosion, stranding of a vessel
or international damage
thereto, derailment of a
locomotive, or by the use of
any other artifice involving
great waste and ruin.


13. That the act be committed
with evidence premeditation.

1. The time when the
offender determined to
commit the crime
2. An act manifestly
indicating that the culprit
has clung to his
determination
3. A sufficient lapse of time
between the
determination and
execution, to allow him
to reflect upon the
consequences of his act
and to allow his
conscience to overcome
the resolution of his will
14. That the craft, fraud or
disguise be employed.

15. That advantage be taken of
superior strength, or means be
employed to weaken the
defense.


alevosia 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
1. That at the time of the
attack, the victim was not
in a position to defend
himself
2. That the offender
consciously adopted the
particular means, method
or form of attack
employed by him
execution, without risk to
himself arising from the
defense which the offended
party might make.


Considered present in:
mistake in personnae and
aberratio ictus
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.


19. There is an unlawful entry
when an entrance 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 by means of motor
vehicles, motorized watercraft,
airships, or other similar
means. (As amended by RA
5438).


21. That the wrong done in the
commission of the crime be
deliberately augmented by
causing other wrong not
necessary for its commissions.
1. that the injury caused be
deliberately increased by causing
other wrong
2. that the other wrong be
unnecessary for the executon of
the purpose of the offender