That advantage be taken by the offender of his

public position (1)

AGGRAVATING CIRCUMSTANCES
IN CONTEMPT OF OR WITH INSULT TO THE PUBLIC
AUTHORITIES
That the crime be committed in contempt of or with
insult to the public authorities (2)

Generic

Generic

Requisites:
1. Person committing the crime is a public
official
2. He uses the INFLUENCE, PRESTIGE or
ASCENDENCY which such office gives him
as means by which he realized his purpose

Requisites:
1. The public authority must be engaged in the
performance of his official duty
2. The public authority must not be the person
against whom the crime is committed
3. The offender knows him to be a public
authority (a person directly vested with
jurisdiction, whether as an individual or as a
member of some court or GOCC, board or
commission)
4. His presence has not prevented the offender
from committing the criminal act

TAKING ADVANTAGE OF A PUBLIC POSITION

Did the accused abuse his office in order to commit

the crime?

Cannot be considered in:

1. Crime committed by a public officer through
negligence or carelessness (he does not
deliberately use his authority)
2. This circumstance was not expressly alleged
in the complaint or information (pursuant
to Rule 110, section 8 of Crim Pro)
3. When no evidence is presented in the court
4. When taking advantage of ones public
position is an integral (inherent) element
in a crime (malversation of funds,
falsification of a public document, fraud
against the public treasury)
5. When sufficient provocation immediately
preceded the crime
6. When the crime is committed out of passion
or obfuscation
7. When the accused could have perpetrated
the crime even without occupying a position

Cannot be considered in:

1. When the crime is committed in the presence
of a mere agent of a person in authority
(policeman)
2.

When the offended party is the person in

authority himself

IN DISREGARD OF THE RESPECT DUE TO RANK, AGE OR SEX OF

OFFENDED PARTY; DWELLING
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 later has not given provocation (3)
Specific (crimes against persons or honor)
Generic
Requisites (Disregard of Respect):
1. The offended party is a woman, a person of higher rank
or older than the offender (or is of tender age)
2. The accused deliberately intended to offend or insult the
sex, rank or age of the offended party
Requisites (Dwelling or a place of abode, where the offended
party resides and which satisfies the requirements of his
domestic life; need not be owned):
1. The crime must be committed in the dwelling of the
offended party
2. The offended party has not given provocation
3. That the offender intentionally and deliberately
disregarded the respect the law accords to anothers
dwelling
Cannot be considered in:
1. When a crime is committed through negligence or
carelessness
2. When there is sufficient provocation preceding the crime,
when due to passion or obfuscation
3. When the crime is committed at the spur of the moment
4. When the crime is committed upon an accidental meeting
or encounter
In (Disregard of respect due to sex):
5. When the accused mistook the victim for a man
6. In aberratio ictus, in error in personae
In (Dwelling):
7. When the accused and victim live in the same house
8. When the crime was committed in a place not devoted to
dwelling
9. Where the deceased was called to come down from his
house
10. Inherent (robbery with force upon things or in an
inhabited place, violation of domicile, trespass to
dwelling)

Notes:
1. These circumstances may be considered separately
against the offender if they concur in the same case and
their elements are distinctively perceived and can subsist
independently
ABUSE OF CONFIDENCE OR OBVIOUS
UNGRATEFULNESS
That the act be committed with abuse of confidence
or obvious ungratefulness (4)
Generic
Generic
Requisites (Abuse of Confidence):
1. The offended party trusted the offender
(confidence must be immediate and
personal)
2. The offender abused such trust by
committing the crime against the offended
party.
3. The abuse of confidence facilitated the
commission of the crime.
Requisites (Obvious Ungratefulness):
1. There must be evidence of benefits given by
the victim to the accused or to the
generosities and the extent thereof were
received by the accused from the victim.
(Based on Memory Aid)
1. That the offended party had trusted the
offender
2. That the offender abused such trust by
committing a crime against the offended
party
3. That the act be committed with obvious
ungratefulness

AGGRAVATING CIRCUMSTANCES
IN THE PALACE OF THE CHIFE EXECUTIVE, WHERE
PUBLIC AUTHORITIES ARE ENGAGED IN THEIR
DUTIES, PLACE FOR RELIGIOUS WORSHIP
That the crime be committed in the Palace of the Chief
Executive, or in the presence, or where public
authorities are engaged in the discharge of their duties,
or in a place dedicated to religious worship (5)
Generic
Requisites (Palace):
1. The Chief Executive does not have to be in the
Palace and he may or may not be in the
performance of his duties
2. There is evidence that the accused deliberately
disregarded the presence of the Chief Executive
when he committed the crime.
Requisites (Place of public authorities):
1. It is enough that the accused committed the
crime in a place used by the public authorities
in the discharge of their duties.
Requisites (Place of worship):
1. Not required that there be a religious minister
or ceremony transpiring

NIGHTIME, UNINHABITED PLACE, OR BY THE BAND

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 crime. (6)
Generic
Requisites:
1. When it facilitated the commission of the crime
2. When it is especially sought for by the accused to ensure
the commission of the crime or for purposes of impunity
3. When the offender took advantage of nighttime,
uninhabited place or band for purposes of impunity
Requisites (Nighttime):
Nighttime period of darkness beginning at the end of
the dusk and ending at dawn
1.
2.
3.

It is especially sought by the offender (when the accused

sought for the cover of darkness to ensure that they will
not be recognized or their unmolested escape); or
It was taken advantage of by him; or
It facilitates the commission of the crime by insuring
their immunity from capture

TEST OF NOCTURNITY:
1. Objective Test darkness facilitated the commission of
the offense
2. Subjective Test darkness was purposely sought by the
offender
Requisites (Uninhabited Place or Despoblado)
Uninhabited place one where there are no houses at all,
a place at a considerable distance from the town, or
where the houses are scattered at a great distance from
each other.

CRITERION (whether aggravating):

1. Determined not by the distance of the nearest house to
the scene of the crime but whether or not there was
reasonable possibility of the victim receiving help
2. That the accused deliberately sought the solitude of the
place to avoid detection and preclude any interference
3. Must be deliberately selected to perpetrate the crime
Requisites (By a Band):
Band whenever more than three armed malefactors
shall have acted together
Arms guns, revolvers, bolos, daggers, clubs, lantacas,
swords, rifles, lances, stones and other deadly weapon
(Based on Memory Aid)
1. At least four armed men
2. Must all be principals by direct participation who acted
together in the execution of the acts. (In this case,
conspiracy is presumed.)
* If one of them was a principal by inducement, the
aggravating circumstance of having acted with the aid of
armed men may be considered.
Cannot be considered in (Abuse in confidence):
1. Being friend does not imply abuse of
confidence
2. When the victim and the accused just met
3. The victim already lost confidence in the
accused at the time of the commission of the
crime
4. When the relationship is between the
accused and the victims father, not the
accused and the victim
5. In the absence of any showing that the
abuse of confidence facilitated the crime

Cannot be considered in (Place of public authorities):

1. When the crime was committed in a room
adjoining the justice of the peace of court
In (Place of Worship):
1. Not considered in the crime of offending the
religious feelings

Cannot be considered in (Nighttime):

1. When it fails to pass the objective and subjective tests (if
not especially sought for, at least that nighttime
facilitated the commission of the crime or the offender
took advantage of the same)
2. When it was not commenced and accomplished at
nighttime
3. When there is no evidence that it especially sought for
4. When it is merely a chance or accidental encounter
5. When the accused trailed the flashlight on their faces by
reason of which the victim recognized them
6. If the accused would commit the crime regardless of the
time
7. When the scene of the crime is sufficiently illuminated
In (Uninhabited place):
1. When only a chance encounter in an uninhabited place
In (By a Band):
1. No evidence that all the four accused were armed
2. If only one of them committed the crime while the others
were not aware of the commission of the crim

Notes:
1. These are two aggravating circumstances.

ON THE OCCASION OF CALAMITY OR OTHER

MISFORTUNE
That the crime be committed on the occasion of
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune (7)
Qualifying

Notes:
1. In all three cases, there must evidence to show
that there is deliberate intent to disregard
respect for said places.

AGGRAVATING CIRCUMSTANCES
AID OF ARMED MEN
That the crime be committed with the aid of armed men
or persons who insure or afford impunity (8)
Qualifying

Requisites:
1. The offender committed the crime on the
said occasions
2. The accused deliberately sought any of these
occasions in order to facilitate the
commission of the crime or intentionally
took advantage of any of these occasions.

Requisites:
(Based on Memory Aid)
1. That the armed men or persons took part in the
commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or
relied upon them when the crime was
committed.

* Other calamity or misfortune refers to those

conditions of distress similar to those preceding in
the enumeration.

Distinctions between aid of armed men and band

In aid of armed men
1. It is enough that there are at least two persons
who are armed.
2. Actual aid of armed men is not necessary.
Psychological reliance on the aid of armed men
is sufficient.
3. Armed men are mere accomplices.
4. This is a qualifying circumstance.
Band
1. There should be at least four persons who are
armed.
2. At least four armed persons should have acted
together in the crime.
3. Band members are all principals.

Notes:
1. May be considered separately if their elements are
distinctly perceived and can subsist independently.
2. Nighttime aggravating in arson.
3. Treachery absorbs nocturnity/ nightime
4. Band absorbs abuse of superior strength
5. Band is inherent in brigandage (a band of robbers
committing robbery in the highway or kidnapping
persons) and in robbery by band

ACCUSED IS A RECIDIVIST
That the accused is a recidivist. (9)
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. (Reincidencia)
Generic
Basis: greater criminal perversity of the offender as shown by his
propensity or inclination to commit crimes.
Requisites (TCCS) (Mem Aid)
1. That the offender is on trial for an offense (any crime
punishable by RPC);
2. That he was previously convicted by final judgment of
another crime (the previous crime must be punishable
by RPC embraced in the same title as the subsequent
crime);
3. That the offender is convicted of the new offense; (also
found guilty of the subsequent crime; serving of the
sentence need not be proven, just the conviction) and
4. The both the first and the second offenses are embraced
in the same title of this Code.
Meaning of the phrase at the time of his trial for one crime.
1. It is employed in its general sense.
2. It is meant to include everything that is done in the
course of the trial, from arraignment until after sentence
is announced by the judge in open court.
3. In recidivism, it is sufficient that the succeeding offense
be committed after the commission of the preceding
offense provided that at the time of his trial for the
second offense, the accused had already been convicted
of the first offense.

4.

This is a generic circumstance.

4.
5.
6.
7.

Cannot be considered in:

1. When the crime is committed through
negligence or carelessness.
2. When sufficient provocation immediately
precedes the act
3. When the crime is committed out of passion
or obfuscation
4. When the crime was committed at the spur
of the moment
5. Development of engine trouble at sea is a
misfortune that does not come within the
context of the phrase other calamity or
misfortune

Cannot be considered in:

1. When the accused, as well as those who
cooperated with him as co-conspirators, acted
under the same plan and for the same purpose.
2. When the accused did not avail of the armed
men directly or indirectly (the mere casual
presence of armed men near the scene of the
crime)
3. When the attacking party and the party
attacked were equally armed.

If both offenses were committed on the same date, they

shall be considered as only one (they cannot be
separately counted).
To prove recidivism, it is necessary to allege the same in
the information and to attach thereto certified copy of
the sentences rendered against the accused.
Recidivism must be take into account no matter how
many years have intervened between the first and
second felonies.
The first offense wherein the accused was given pardon
can still be counted in recidivism, as long as the offenses
are in the same title; pardon does not does not obliterate
the fact of the offenders conviction.

When a judgment of conviction becomes final (meaning,

recidivism can be invoked in consideration of the previous crime
this final judgment is with regard to the previous):
1. a) After the lapse of the period* for perfecting an appeal
without any motion for reconsideration or any motion
for new trial being filed by the accused or b) without any
appeal being perfected by the accused. *period: 15 days
from promulgation of judgment
2. The sentence has been totally or partially served or
satisfied.
3. The accused waived in writing his right to appeal
4. The accused has applied for probation (Rule 120,Sec
7,Crim Pro)
Cannot be considered in:
1. Cases wherein the accused filed an appeal on previous
judgment of conviction.
2. Cases wherein the previous crime and the subsequent
crime are not embraced in the same title of the RPC
Ex: 1. homicide and is on trial for robbery;
2. robbery in band with homicide and multiple homicide
and robbery in band with attempted rape (Title 10) and is
on trial for murder (Title 8)
3. Cases wherein the promulgation of the conviction in the
first offense is not final.
4. Conviction of rape when the crime was still against
chastity and trial for rape when it is already a crime
against persons (reclassification)
Examples of recidivism: (all with evidence of conviction)
1. Estafa (falsification of a public document) and theft
(Title X, Crimes against property)

2.
3.
4.

Robbery with homicide and double serious physical

injuries
Three counts of slight physical injuries and one count of
serious physical injuries, and murder
Homicide and murder

Quasi-recidivist: a person who shall commit a felony after having

been convicted by final judgment, before beginning to serve such
sentence or while serving such sentence.

Notes:
1. When the person is killed on the commission
of any of these calamities, the killing
constitutes murder and not merely
homicide. (Qualifies killing to murder)
2. When the personal property is taken on the
occasion of these calamities, the taking
constitutes qualified theft and not simple
theft. (Qualified taking of property to
qualified theft)

Notes:
1. Aid of armed men or persons who afford
impunity requires that the armed men are
accomplices who take part in a minor capacity,
directly or indirectly.
2. Aid of armed men qualifies killing to murder.
3. Aid of armed men is absorbed by band. The
employment of more than three armed men is
an essential element of and inherent in a band.
4. Aid of armed men may be taken independently
of abuse of strength (three armed men
simultaneously and repeatedly stabbed and
clubbed the defenseless victim)
5. Treachery may absorb aid of armed men and
abuse of superior strength.

Differences: recidivist and quasi-recidivist

1. R: In previous crime, he was convicted by final judgment;
in the present crime, he is under trial for felonies under
the same title of RPC
QR: in previous crime, he was convicted or for which he
was serving sentence may be punishable by RPC, special
law or an ordinance; in the present crime, he is under
trial for a felony punishable by RPC
2. R: generic; QR: special
3. R: the circumstance may be offset by an ordinary
mitigating circumstance
QR: the circumstance cannot be offset by an ordinary
mitigating circumstance.
4. R: Previous and present crimes should be embraced in
the same title of RPC
QR: it is enough that the second crime is a felony
punishable by RPC.
Notes:
1. Lapse of time (between the previous and subsequent
felonies) is immaterial.
2. Recidivism and habitual delinquency can co-exist and be
considered separately.
3. Three crimes committed on the same date constitute
recidivism, not habitual delinquency.
4. Recidivism must be alleged in the information, with
certified copies of sentences.

REITERACION OR HABITUALITY

AGGRAVATING CIRCUMSTANCES
PRICE, REWARD OR PROMISE

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. (10)
Generic

That the crime be committed in consideration of a price,

reward, or promise. (11)
Qualifying

BY MEANS OF INUNDATION, FIRE, POISON, EXPLOSION,

STRANDING OF A VESSEL
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 the use of any other
artifice involving great waste and ruin. (12) (FIPE-SAD)
Qualifying

Basis: greater criminal perversity of the offender as

shown by his propensity or inclination to commit
crimes.
Requisites: TPC (Mem Aid)
1. That the accused is on trial for an offense
(trial for an offense punishable under RPC);
2. That he previously served sentence for
another offense to which the law attaches
(not the penalty actually imposed)
a. Equal or greater penalty; or
b. For two or more crimes to which it
attaches a lighter penalty (than that for
the new offense); and
3. That he is convicted of the new offense
(offense is punishable by RPC).

Basis: greater moral depravity on the part of the offeror and

the acceptor.

Basis: greater criminal perversity on the part of the accused

as shown by the means with which he committed the crime.

What to consider:
1. The price, reward or promise must be the primary
reason or primordial motive for the commission of
the crime.
2. There must be two or more principals, the one
offering the price, reward or promise who is a
principal by inducement and the one accepting the
same and executing the criminal act who is a
principal by direct participation.

What to consider:
The criminal act must be done with the use of
1) Fire
2) Inundation (by means of water or causing the
water to flood in the commission of a crime)
3) Poison
4) Explosion
5) Stranding of a vessel or intentional damage
thereto
6) Derailment of a locomotive, or
7) Any other artifice involving great waste and ruin.

Remember the 3 situations:

1. (only one previous crime) At the time of his
trial for a crime, the accused has been
previously punished for an offense to which
the law attaches an equal penalty
2. (only one previous crime) At the time of his
trial for a crime, the accused has been
previously punished for an offense to which
the law attaches a greater penalty.
3. (two or more previous crimes) At the time
of his trial for a crime, the accused has been
previously punished for two or more crimes
to which the law attaches a lighter penalty.
Cannot be considered in:
1. Cases wherein the accused was still serving
the respective sentences at the time of the
commission of the crime. (rule: the accused
should have served out his sentence first)
2. Cases wherein the accused was convicted
and served sentence for a crime to which

Distinction between Paragraph 7 and 12:

Paragraph 7: this refers to the occasion of a calamity or
misfortune when the crime was committed.
Paragraph 12: this refers to the means employed in the
commission of the crime.

Cannot be considered in:

1. Cases wherein the price, reward or promise are not
proven.
Examples of instances involving price, reward or promise:
1. Admission of murder in consideration of a promise
of reward of P50,000.00, even if only P10,300.00

Rules as to use of fire:

1. When in the intent was only to burn but somebody
died, crime committed was simple arson but with a
specific penalty under PD 1613.
2. If fire was used as a means to kill, the crime
committed was murder.
3. If fire was used to conceal the killing, separate crimes
of arson and murder/homicide were committed.
Cannot be considered in:
1. Cases wherein the means employed do not fall under
the list enumerated in paragraph 12.
2. Cases wherein fire, poison, or derailment of a
locomotive is already an essential part of the felony
(ex of crimes not involving paragraph 12: arson in Art
320, crimes involving destruction in Art 324, and

3.

4.

the law attaches a lighter penalty than that

attached to the subsequent crime (rule:
whenever there is only one previous crime,
it should always have to be equal or greater
in penalty) ex of no reiteracion: 1st crime of
homicide (reclusion temporal) has penalty
lower than 2nd crime of ordinary rape
(reclusion perpetua)
Cases wherein the two or more previous
crimes have attachment of greater penalty
than that attached to the subsequent crime
(rule: whenever there are two or more
previous crimes, these should always have
to be lighter in penalty) ex. of no
reiteracion: previous crimes of rape and
murder has penalties greater than frustrated
robbery
Cased wherein the records do not disclose
that the accused 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 (rule: there has to be an
evidence showing that the accused has
previously served sentence)

Examples of reitacion (all with evidence of serving of

sentence)
1. Swindling (estafa) involving an amount of
P5000.00 as the previous crime (Art 315:
penalty of arresto mayor in its maximum
period to prision correccional in its
minimum period); serious physical injuries
as the subsequent crime (Art 263: penalty of
arresto mayor in its maximum period to
prision correccional in its minimum period)
*=== equal (for one previous crime)
2. Simple theft of property worth P10,000.00
as the previous crime (Art 309: penalty of
prision correccional in its medium and
maximum periods); grave coercion as the
subsequent crime (Art 286: penalty of
arresto mayor and a fine not exceeding
P500.00) *penalty for one previous crime
>>> penalty for the subsequent crime

2.
3.
4.
5.

was received.
Murder, eliminating a person because of property
shares, with reward of P1,000.00 to the triggerman.
Murder of the brother with a reward of P60.00 and
a promise of taking care of the family of the
principal by direct participation from the offeror.
Murder with a reward of money and tobacco.
Murder was committed in consideration of a price
and evident premeditation was manifested from
the fact the consummation was done on the second
attempt; there was determination to kill on the part
of the principal by direct participation.

damage and obstruction to means of communication

in Art 330)
Examples of instances involving paragraph 12:
1. Complex crime of murder with double frustrated
murder and double attempted murder with the use
of explosion on the hut of the victims.
2. Murder of a person with the use of fire; burning of
the house of the victim to attain the goal of killing.
(see rules as to the use of fire)

3.

Robbery and evasion of sentence as the

previous crimes; murder as the subsequent
crime (penalties for previous crimes <<<
penalty for the subsequent crime)

Differences: Reiteracion and Recividism

1. REITERACION: it is not necessary that the
felonies be embraced in the same title of
RPC
RECIDIVISM: previous and subsequent
crimes must be embraced in the same title
of RPC
2. REITERACION: final conviction for the
previous crime is not enough; the accused
must have served the sentence.
RECIDIVISM: it is enough that there is final
conviction for a previous felony.
3. REITERACION: there must be two or more
previous convictions and punishments,
provided that these convictions are for
crimes to which the law attaches a lighter
penalty.
RECIDIVISM: one previous final judgment of
conviction is sufficient, as long as the
previous and subsequent convictions are
embraced in the same title of RPC.
Notes:
1. Actual punishment or service of sentence is
essential in reiteracion.
2. Reiteracion should be alleged in the
information in order to be appreciated.
3. Reiteracion, like recidivism and quasirecidivism, necessitates the presentation of
a certified copy of the sentence convicting
an accused.

Notes:
1. The offeror and the acceptor are equally liable for
the crime; both are considered in the aggravating
circumstance.
2. Price, reward or promise is only a generic
aggravating circumstance, if it concurs with the
qualifying aggravating circumstance like treachery.
3. Price need not be in money only. (see ex no. 4)
4. The aggravating circumstance of evident
premeditation and offer of money, reward or
promise are not incompatible and may be
appreciated together, one being independent of the
other. (see ex no. 5)
5. It is sufficient that the offer made by the principal
by inducement be accepted by the principal by
direct participation before the commission of the
offense.

Notes:
1.

Remember, when a person is killed by burning

his house the crime is murder, the same having
been qualified by fire.

EVIDENT PREMEDITATION

AGGRAVATING CIRCUMSTANCES
THAT CRAFT, FRAUD, OR DISGUISE BE EMPLOYED

That the act be committed with evident

premeditation. (13)
Qualifying

That craft, fraud, or disguise be employed. (14)

Basis: greater criminal perversity on the part of the

accused as shown by his tenacious persistence to
commit the crime.
Basis (Mem Aid): Reference to the ways of
committing the crime because evident
premeditation implies a deliberate planning of the
act before executing it.
Requisites: (Mem Aid: TADS) The prosecution must
prove
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. The date and time when the crime was
committed, to compute the lapse of time*; &
4. 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.
*Amuraos book is without the third requisite.

Basis: Greater criminal perversity on the part of the accused

as shown by the manner in which he committed the crime.

Evident premeditation: its essence is that the

execution of the act was preceded by cool thought
and reflection upon the resolution to carry out the
criminal intent during a space of time sufficient to
arrive at a calm judgment. It is satisfactorily
established if it is proved that the accused had
deliberately planned to commit the crime and had
persistently and continuously followed it
notwithstanding that he had ample and sufficient
time to allow his conscience to overcome the
determination of his will, if he had desired it.
Sufficient lapse of time: not simply a matter of the
precise number of hours, but of the reasonable
opportunity, under the situation and circumstances,
to ponder and reflect upon the consequences.

Generic

TAKING ADVANTAGE OF SUPERIOR STRENGTH, WEAKEN

DEFENSE
That advantage be taken of superior strength, or means be
employed to weaken the defense. (15)
Qualifying
Basis: Greater criminal perversity on the part of the accused
who deliberately uses his superior strength in order to be
assured of the commission of the crime

Basis (Mem Aid): Means employed in the commission of the

crime
Requisites:
CRAFT- involves intellectual trickery and cunning on the
part of the accused.
It is employed as a scheme in the execution of the crime (e.g.
accused pretended to be members of the constabulary,
accused in order to perpetrate rape, used chocolates
containing drugs)
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.
as distinguished from craft which involves acts done in
order not to arouse the suspicion of the victim, fraud
involves a direct inducement through entrapping or
beguiling language or machinations
Disguise resorting to any device to conceal identity.
Purpose of concealing identity
is a must.
Requisite: The offender must have actually taken
advantage of craft, fraud, or disguise to facilitate the
commission of the crime.

Requisites:
To purposely use excessive force out of the proportion to the
means of defense available to the person attacked.
a. Superiority may arise from aggressors sex, weapon or
number as compared to that of the victim (e.g. accused
attacked an unarmed girl with a knife; 3 men stabbed to
death the female victim).
b. No advantage of superior strength when one who attacks is
overcome with passion and obfuscation or when quarrel
arose unexpectedly and the fatal blow was struck while
victim and accused were struggling.
c. Vs. by a band : circumstance of abuse of superior strength,
what is taken into account is not the number of aggressors
nor the fact that they are armed but their relative physical
might vis--vis the offended party
Requisite of Means to Weaken Defense
a. Means were purposely sought to weaken the defense of the
victim to resist the assault
b. The means used must not totally eliminate possible defense
of the victim, otherwise it will fall under treachery.
Superior strength is present whenever there is a notorious
inequality of forces between the victim and the aggressor,
and that it was selected or taken advantage of by the latter in
the commission of the crime.
To weaken the defense illustrated in the case where one
struggling with another suddenly throws a cloak over the
head of his opponent and while in the said situation, he

wounds or kills him. Other means of weakening the defense

would be intoxication or disabling thru the senses (casting
dirt of sand upon anothers eyes)
Cannot be considered in:
1. Cases wherein there was only mere
suspicion, such as the allegation that the
accused took his gun and looked for the
deceased with murder in his heart.
2. Cases wherein there was only a mere
expression of hatred; it does not necessarily
imply a resolution to commit a crime.
3. Cases wherein the evidence was tenuous in
character or if it rested on mere conjecture
4. Cases wherein the accused did not know of
the intended killing until he was ordered by
his brother to go with him to the house of
the deceased.
5. Cases wherein the accused did not know
that the victim would run and the latter was
shot as he was running away.
6. Cases wherein the deceased was not the
intended victim.
7. Cases wherein there was no proof of the
time when the intent to commit the crime
was engendered in the mind of the accused.
8. Accidental encounter
9. Spurs of the moment
10. Fatal assault followed closely a previous
incident between the accused and the victim
11. Lapse of 2, 10, 15 or even 30 minutes can
be considered insufficient for full
meditation on the consequences of the act
Examples of evident premeditation:
1. The accused committing murder of the
victim in order that the latter might not
testify against the former in a murder case.
Deliberation on the part of the accused was
proven, with the motive not coming to his
mind at the spur of the moment.
2. Killing of an inmate in a prison by two
prisoners in a conspiracy. There was a
proven plan and schedule in the killing.
3. Accused threatened to murder the victim

Cannot be considered in:

1. Cases wherein the accuseds criminal design
could have been carried out even without the
chicanery*.
*deception by artful subterfuge or sophistry
2. Cases wherein there was nothing deceitful in
the evidence presented.
3. Cases wherein craft, fraud, or disguise was not
established.
4. Cased wherein only uniforms were worn in the
commission of the crime (concealment of
identity is important in disguise).
Examples of acts employed with craft, fraud, or trickery:
1. The accused subdued the suspicions of the owner
of the house by pretending that they had pacific
intentions in desiring to enter the same. They
gained entrance through trickery or deceit to
execute robbery with homicide
2. Craft was established beyond doubt since the
accused pretended to be rancheros, or prisoners in
charge of bringing food to the cells to gain entry to
another Brigade. The accused successfully
assassinated the deceased.
3. The accused persuaded the deceased to be in the
hotel, by pretending that her personal intervention
was necessary in connection with a bank deposit he
had allegedly made for the benefit of the deceaseds
children. The accused added that it would not take
long.
4. The accused asked permission from his employer
allegedly to go home to Pangasinan. The owner
even lent him money. At 10:00pm of the same day,
he went back to the store, pretending to the victims
that he failed to take a ride to Pangasinan. He
gained entry and perpetrated with his co-accused
the special complex crime of robbery w/ homicide.
5. The accused induced a constabulary officer to
believe that if he ordered his soldiers to put down
their arms, they would be friends with him and his
soldiers, and said officer, falling into the snare, gave

Cannot be considered in:

1. Cases wherein deliberate intent could not be
established.
2. Cases wherein there was no notorious inequality in
strength between the accused and the victim.
3. Cases wherein the health, strength, and superiority
actually laid with the victim and not with the accused
4. Cases wherein the accused did not conspire to kill
the victim.
5. Cases wherein there was not marked difference in
the built of the victim and the accused.
6. Cases wherein the accused attacked the victim
alternately, one after the other, and that only one
would not constitute notorious inequality.
7. Cases of parricide it is generally accepted that the
husband is physically stronger than the wife.
8. Cases of rape it is inherent.
Examples of instances with abuse of superior strength:
1. The accused was young, robust, and healthy 33-yearold man, whereas, the victim was a 63-year-old
woman.
2. The accused was a big and burly matured woman in
her thirties, several inches taller than the murder
victim, who was a mere teenager, 5 feet tall, slim and
poorly nourished and weighed less than 100 pounds.

and carried out the threat after three days.

Evident premeditation along with price,
reward or promise-can exist independently
5. A grave was prepared at an isolated place in
the fields for the reception of the body of
the person whom certain criminals
intended to kill, and that they called him on
two successive nights by means of a false
order from the local authorities, with the
sole object of inducing him to leave his
house and attacking him afterwards.
6. Three attempts to take the life of a victim in
order to be able to marry his widow
7. Repeated statements of the defendants that
the hour of reckoning of the victim would
arrive with existing enmity between them
8. There were details of escape plan
9. There was a general plan to kill not only the
intended victim but also anyone who would
help put up a violent resistance
10. When the offender determined to commit
the crime, a victim had not been identified.
(Manalinde ruling/principle)
11. Two hours of lapse of time
Notes:
1. Commissions of crimes with animosities,
grudges or hostile posturing do not per se
warrant a finding of evident premeditation
2. Threats to kill the victim do not necessarily
prove evident premeditation without a
showing that the accused performed acts
manifestly indicating that he clung to his
determination.
3. Evident premeditation is not inherent in
robbery with homicide.
4.

6.

the command asked for.

A malefactor wore a mask to conceal his identity
during the commission of the crime.

Notes:
Distinction between Craft, Fraud, and Disguise
Craft
Involves the use of intellectual trickery and cunning to
arouse suspicion of the victim
Fraud
Involves the use of direct inducement by insidious words or
machinations
Disguise
Involves the use of devise to conceal identity
Note in disguise: even if the mask subsequently fell down,
disguise is still aggravating.

Notes:

TREACHERY
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 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. (16)
Both qualifying and specific
Qualifying because it elevates the killing of a
person from homicide to murder
Specific- because it applies only to crimes against
persons

AGGRAVATING CIRCUMSTANCES
IGNOMINY
That means be employed or circumstances brought about
which add ignominy to the natural effects of the act. (17)

UNLAWFUL ENTRY
That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a
way not intended for the purpose.(18)

Qualifying

Generic

Basis: Greater moral depravity on the part of the accused as

shown by the manner in which he committed the crime.

Basis: Greater criminal perversity displayed by the accused

who defies protective covers set up by man for his personal
safety and privacy

Requisites:
a. Crime must be against chastity, less serious physical
injuries, light or grave coercion, and murder
b. The circumstance made the crime more humiliating and
shameful for the victim

Requisites:
Unlawful entry when an entrance is effected by a way not
intended for the purpose. Meant to affect entrance and NOT
exit.

Basis: Greater criminal perversity on the part of the

accused as shown by the manner in which the crime
was committed.
Requisites:
a. That at the time of the attack, the victim was not in
the position to defend himself
b. That the offender consciously adopted the
particular means, method or form of attack
employed by him
TREACHERY: when the offender commits any of the
crime 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.
Cannot be considered in:
When there is no evidence that the accused, prior to
the moment of the killing, resolved to commit to
crime, or there is no proof that the death of the
victim was the result of meditation, calculation or
reflection.
a. Does not exist if the accused gave the deceased
chance to prepare or there was warning given or
that it was preceded by a heated argument
b. There is always treachery in the killing of child
c. Generally characterized by the deliberate and
sudden and unexpected attack of the victim from

IGNOMINY is a circumstance pertaining to the moral

order, which adds disgrace and obloquy to the material
injury caused by the crime
Applicable to crimes against chastity (rape
included), less serious physical injuries, light or
grave coercion and murder
Cannot be considered in:
1. Mere fact that the accused fired at the prostate
body of the victim.
2. Cases wherein there was nothing in the records
showing that before the deceased died, he/she was
subjected to such indignities as would cause shame
or moral suffering.
3. Cases wherein the victim was already dead when
the ignominious act was committed what is
important is that the victim was still alive when the
ignominious act was done.
4. Cases wherein the crime was committed in a public

Why aggravating? One who acts, not respecting the walls

erected by men to guard their property and provide for their
personal safety, shows greater perversity, a greater audacity
and hence the law punishes him with more severity

Cannot be considered in:

1. Cases wherein the circumstance is inherent such as
violation of domicile, evasion of service of sentence,
and trespass to dwelling.
2. Cases wherein unlawful entry was not alleged.
3. Cases wherein the door was used.
Example: Rapist gains entrance thru the window
*even if the victim had the habit of using the window as the
means of entry, unlawful entry can still be invoked as an
aggravating circumstance; what is important is the intended
purpose of the means.

behind, without any warning and without giving the

victim an opportunity to defend himself
5.

6.
7.

Notes:
Examples: victim asleep, half-awake or just
awakened, victim grappling or being held, stacks
from behind
But treachery may exist even if attack is face-to-face
as long as victim was not given any chance to
prepare defense
TREACHERY
Means, methods or forms are employed by the
offender to make it impossible or hard for the
offended party to put any sort of resistance
ABUSE OF SUPERIOR STRENGTH
Offender does not employ means, methods or forms
of attack, he only takes advantage of his superior
strength
MEANS EMPLOYED TO WEAKEN DEFENSE
Means are employed but it only materially weakens
the resisting power of the offended party
Where there is conspiracy, treachery is considered
against all the offenders
Treachery absorbs abuse of strength, aid of armed
men, by a band and means to weaken the defense

place and in the presence of many persons, if the

intention was not humiliation
Cases wherein the intention of the accused was
shown to be the commission of sexual abuse on the
victim as an act of revenge for his similar
experience as a child.
An act with desire to avenge brother
Cases wherein no means was employed nor did any
circumstances surround the act tending to make
the effects of the crime more humiliating.

Examples: accused embraced and kissed the offended party

not out of lust but out of anger in front of many people,
raped in front of the husband, raped successively by five
men
Notes:

Notes:
1.

Inherent in: Trespass to dwelling, robbery with force

upon things, and robbery with violence or
intimidation against persons.

2.

Unlawful entry must be used as means of

entrance and not for escape.

BREAKING OF WALL, ROOF, FLOOR, DOOR OR

WINDOW
That as a means to the commission of the crime a
wall, roof, floor, door or window be broken (19)
Generic
Requisites:
1. That there is breaking of the wall, roof, floor
door or window
2. That this must be utilized as a means in the
commission of the crime
Illustrative Cases:
1. The offender broke a window to reach a
purse with money on the table near the
window, which he took while his body was
outside the building
Distinction (Par 19 and Unlawful entry):
---- Par. 18 involves the breaking of any of the
enumerated parts of the house as a means to commit
crime while unlawful entry (Par. 18) only exists
when an entrance into a building is made by a way
not for the purpose of entry.
Breaking of the enumerated parts are inherent in:
1. robbery in an inhabited place or public
building
2. robbery in an uninhabited place or in a
private building

AGGRAVATING CIRCUMSTANCES
WITH THE AID OF MINORS UNDER 15 YEARS OF AGE OR
BY MEANS OF VEHICLES
That the crime be committed with the aid of persons under
fifteen years of age, or by means of motor vehicles, airships
or other similar means (20)
Generic
Qualifying use of motor vehicles under Article 248, Par 3
Requisites (With the Aid of Minors under 15):
1. That the crime was committed with the aid of a
minor.
2. That the minor is under fifteen years of age.
Reason for Rule: to repress the frequent practice resorted
by professional criminals to avail themselves of minors,
taking advantage of their criminal irresponsibility
Illustrative Case:
1. After divesting a student of his cellphone at the
point of a knife, A handed the same to a 12 year-old
boy who immediately fled and lost himself in the
crowd.
Requisites (Use of vehicle)
1. The use of a motor vehicle, airship or other similar
means
2. There must be a purposeful or deliberate use of the
vehicle, in the commission of the crime:
a. going to the place of the crime
b. carrying away the effects thereof
c. in facilitating their escape
Other similar means other motorized vehicles or other
efficient means of transportation
Illustrative Cases:
1. Bump the deceased with a jeep
2. Vehicle carried the victim on the way to the scene
of the killing; it contained the pick and shovel used
in the digging of the grave
3. The use of the vehicle facilitated the taking of the
victim and her subsequent rape.

THE WRONG DONE DELIBERATELY AUGMENTED BY

CAUSING OTHER WRONG/ CRUELTY
That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not
necessary for its commission (21)
Qualifying
Requisites:
Cruelty when the culprit enjoys and delights in
making the victim suffer slowly and gradually,
causing him unnecessary physical pain in the
consummation of the criminal act (prolong the
suffering of the victim)
1.
2.

That the injury caused be deliberately increased by

causing other wrong
That the other wrong done would be unnecessary for
the execution of the purpose of the offender

Illustrative Case (Note- Victim still alive):

1. Pouring boiling water to the victim at various times
prior to the murder
2. Deceased was inflicted with numerous wounds
before murdered
3. When the victim was already weak, accused inserted
the cassava trunk inside her private organ
4. Cutting off the ear of the deceased (torture)
TEST of Cruelty:
1. Whether the accused deliberately and sadistically
augmented the wrong by causing other wrong not
necessary for its commission
2. Whether the accused inhumanly increased the
victims suffering or outraged or scoffed at his person
or corpse
Another Aggravating Circumstance:
Outraging or Scoffing at the person of the victim or his
corpse is a qualifying aggravating circumstance that elevates
the killing from homicide to murder.

Outrage to subject to gross insult

Scoff to show contempt by derisive acts or language

a.
b.

In scoffing, the victim must already be dead

Should be alleged in the information unless it
may be deducible from the information

Illustrative Cases of Scoffing:

1. Having anal sex with victim after she is already dead
2. Dismemberment of the victims body
3. Dumping the body of the victim into a ravine to hide
the crime
4. Behead and cut the penis of the victim
5. Cut up her body like pieces of meat
Cannot be considered in:
1. When it was neither alleged nor proved that
any of the enumerated parts is broken.
2. When the breaking as not proved to be
utilized as a means of the commission of the
crime.

Cannot be considered in (Use of Vehicle):

1. When there is no showing that the motor vehicle
was purposely used to facilitate the commission of
the crime.
2. Where it is not shown that without it the offense
charge could not have been committed.
3. When the use of vehicle is merely incidental and
not purposely sought
4. If not alleged in the information

Cannot be considered in:

1. When the prosecution did not show that the accused
enjoyed inflicting injuries upon the victim
2. If the criminal acts were caused by the drugs that
diminish the accuseds mental capacity
3. If the intention was not to make the victim suffer but
to conceal the corpus delicti (to conceal the victims
body and the crime itself)
4. If the criminal acts were committed solely to ensure
death
5. No cruelty if the acts were committed after the victim
died
6. If the intention of the additional acts is to verify
whether the victim is dead or alive (kicking the
body)
7. When the act is directed against an animal owned by
the family.
Cannot be considered in (Scoffing):
1. There is no proof that the purpose of the accused is
to insult the victim or to show contempt for the dead
2. If the fact relied upon is based merely on speculation

Notes:
1. Two different circumstances group in the
paragraph

Notes:
1. Rape nay be aggravating in murder
2. The number of wounds suffered by the victim is not
the test to determine cruelty
3. Cruelty cannot be presumed.
4. Ignominy induces moral suffering while cruelty
induces physical suffering.