Aggravating Circumstances under Art.

14:
1. Taking Advantage of Public Office
***This is applicable only if the offender is a public officer.
The public officer must:
Use the influence, prestige or ascendancy which his office gives him
As means by which he realizes his purpose.
2.

In Contempt of or With Insult to Public Authorities

That the public authority is engaged in the exercise of his functions.
That the public authority is not the person against whom the crime is committed.
The offender knows him to be a public authority.
His presence has not prevented the offender from committing the criminal act.

3.

With Insult or Lack of Regard Due to Offended Party by Reason of Rank, Age or Sex

***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.
***Disregard of rank, age or sex may be taken into account only in crimes against persons or
honor.
***For dwelling, there must be no sufficient provocation from offended party
4.

Abuse Of Confidence And Obvious Ungratefulness

That the offended party had trusted the offender.
That the offender abused such trust by committing a crime against the offended party.
That the abuse of confidence facilitated the commission of the crime.

***The confidence between the offender and the offended party must be immediate and
personal.
5.

Crime In Palace Or In Presence Of The Chief Executive

*** Offender must have the intention to commit a crime when he entered the place.
6.

Nighttime; Uninhabited Place; With A Band

Nighttime
o It is specially sought by the offender;
o the offender purposely took advantage of nighttime; or
o it facilitated the commission of the offense.
Uninhabited Place
o *** The offenders must choose the place as an aid either (1) to an easy and
uninterrupted accomplishment of their criminal designs, or (2) to insure
concealment of the offense, that he might thereby be better secured against
detection and punishment.
Band
o At least be four persons
o At least 4 of them should be armed
o and are principals by direct participation.

7. On Occasion Of A Calamity
*** The offender must take advantage of the calamity or misfortune.
8.

Aid Of Armed Men Or Means To Ensure Impunity

That the armed men or persons took part in the commission of the crime, directly or
indirectly.


9.

That the accused availed himself of their aid or relied upon them when the crime was
committed.

Recidivism
That the offender is on trial for an offense;
That he was previously convicted by final judgment of another crime;
That both the first and the second offenses are embraced in the same title of the Code;
That the offender is convicted of the new offense.

10. Reiteration or Habituality

That the accused is on trial for an offense;
That he previously served sentence for another offense to which the law attaches:
an equal or
greater penalty, or
for 2 or more crimes to which it attaches lighter penalty than that for the new
offense; and
That he is convicted of the new offense.