AGGRAVATING CIRCUMSTANCES

Kinds of Aggravating Circumstances:

1. Generic generally can applies to all crimes
2. Specific applies only to specific crimes
3. Qualifying changes the nature of the crime
4. Inherent necessarily accompanies the commission of the crime; does increase penalty
5. Special arises in special conditions to increase the penalty of the offense; cannot be offset by mitigating circumstances
a. Art. 160
b. Art. 48
c. Art. 49
d. Art. 62, 1(a)

Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
Par. 1 Generic Greater perversity of the 1. applicable only
Taking advantage of offender as shown by: when the offender is
public office Inherent in: 1. Means of personal a public officer
- crimes committed by circumstances of the 2. officer must use:
public officers (Art. 204- offender Influence
245, RPC) 2. Means used to secure Prestige
- inherent in accessories commission of the Ascendancy
(Art. 19, par. 3) crime
- Art. 62, RPC as amended
by Sec. 23, 1(a) RA 7659
Par. 2 Generic Greater perversity of the 1. That the public
Insult to public offender as shown by his authority is engaged in
authority lack of respect for public the exercise of his
authorities functions;
2. That the public
authority is not the
person against whom
the crime is
committed;
3. The offender knows
him to be a public
authority
4. His presence has not

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
prevented the offender
from committing the
criminal act

Par.3.a Specific aggravating Greater perversity of the Not aggravating:

Disregard of rank, age, circumstance to crimes
sex, against persons and honor
Inherent (sex) in crimes of
abduction, seduction, rape
Par.3.b Generic
Dwelling
Inherent in:
Robbery with force upon
things
Trespass to dwelling
Par.4.a Generic
Abuse of confidence
Inherent in:
1. Malversation (Art. 217)
2. Qualified theft (Art.
310)
offender as shown by
personal circumstances of
the offended party
Greater perversity of the
offender as shown by the
place of the commission of
the crime:
1. Abuse of confidence
2. Violation of the sanctity
of the home
Greater perversity of the
offender as shown by the
means and ways employed
1. Passion and
obfuscation
2. Relationship exists
between the offender
and offended party
Not aggravating:
1. When both the
offender and the
offended party are
occupants of the same
house
Exception:
a. In case of adultery
in the conjugal
dwelling ,
aggravating
b. If paramour also
dwells in the
conjugal dwelling,
abuse of
confidence
2. Owner gave sufficient
provocation
3. Victim is not a dweller
of the house
1. That the offended Confidence must be
party has trusted the immediate and personal
offender
2. That the offender
abused such trust by
committing a crime

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
3. Estafa by conversion or against the offended
misappropriation (Art. party
315) 3. That the abuse of
4. Qualified seduction confidence facilitated
(Art. 337) the commission of the
crime
Par.4.b Greater perversity of the 1. That the offended Ungratefulness must be
Obvious offender as shown by the party has trusted the obvious, clear and
ungratefulness means and ways employed offender manifest ingratitude on
2. That the offender the part of the accused
abused such trust by
committing a crime
against the offended
party
3. That the act be
committed with
obvious ungratefulness
The crime is Greater perversity of the
committed: offender as shown by the
1. In the palace of place of the commission of
Chief Executive the crime, which must be
2. In his presence respected.
3. Where public
authorities are
engaged in the
discharge of their
duties
4. Place dedicated to
religious worship
Nighttime Generic On the time of the Absorbed in treachery
commission of a crime Exception:
Can be considered
separately if circumstances
have different factual
bases.

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
Not applicable:
1. Passion and
obfuscation
2. Sufficient provocation
Uninhabited place Generic On the place of the Not applicable:
commission of a crime 1. Passion and
obfuscation
2. Sufficient provocation
Band Generic On the means and ways the Absorbs the employment Absorbs the use of firearms All are principal by direct
crime was committed of four armed men participation
Inherent in brigandage Not applicable:
1. Passion and
obfuscation
2. Sufficient provocation
3. Crimes against chastity

Applicable:
1. Crimes against properly
2. Crimes against persons
3. Illegal detention
4. Treason
Crime committed on Qualifying aggravating On the time of the
the occasion of circumstance in the crime commission of a crime
conflagration, of murder
shipwreck,
earthquake, epidemic,
or other calamity or
misfortune
Aid of armed men Qualifying aggravating On the means and ways the 1. That armed men or Not applicable: 1. Armed men are
circumstance in the crime crime was committed persons took part in 1. When both parties are mere accomplices
of murder the commission of the armed who take part in
crime, directly or 2. When the accused and minor capacity,
indirectly all who cooperated directly and
2. That the accused acted under the same indirectly.
availed himself of their plan and for the same 2. Mere moral or
aid or relied upon them purpose. psychological aid or

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
when the crime was reliance is sufficient
committed.

Aid of persons who Qualifying aggravating On the means and ways the e.g. Judge
afford impunity circumstance in the crime crime was committed
of murder
Recidivism Generic Greater perversity of the 1. That the offender is on
offender, as shown by his trial for an offense;
inclination to crimes 2. That he was previously
convicted by final
judgment of 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 on the new
offense.
Reiteracion/Habituality Greater perversity of the 1. That the accused is on
offender as shown by his trial for an offense;
inclination to crimes 2. That he previously
served sentence for
another offense to
which the law attaches
an (not the penalty
actually imposed):
a. Equal, or
b. Greater
penalty, or
c. For two or
more crimes to
which it
attaches a
lighter penalty
than that for

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
the new
offense
3. He is convicted of the
new offense.

Habitual delinquency

Quasi-recidivism

Price, reward, or Qualifying aggravating Greater perversity of the Absorbs evident

promise circumstance in the crime offender, as shown by the premeditation, but only
of murder motivating power itself insofar as the inducer is
concerned but not the
person induced

Inundation, fire, Qualifying aggravating Means and ways employed

poison, explosion, circumstance in the crime
stranding of a vessel or of murder
intentional damage
thereto, derailment of Inherent in the crime of
a locomotive, or by the arson
use of any other
artifice involving great
waste and ruin.
Evident premeditation Qualifying aggravating Reference to the ways 1. The time when the Not applicable May be aggravating in
circumstance in the crime committing the crime offender determined to 1. error in personae, or robbery with homicide if
of murder because evident commit the crime 2. aberratio ictus premeditation included
premeditation implies a 2. An act manifestly unless, there was a the killing of the victim
Inherent in: deliberate planning of the indicating that the general plan to kill
Robbery act before executing it. culprit has clung to his everyone to commit
Theft determination the crime
Estafa 3. The date and time premeditated
Adultery when the crime was
Concubinage committed Compatible with mitigating
4. A sufficient lapse of circumstance of immediate
time between the vindication of a relative for

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
determination and a grave offense
execution to allow him
to reflect upon the
consequences of his act
and rto allow his
conscience to
overcome the
resolution of his will.
Craft, fraud, or Generic Means employed in the Absorbed in treachery if If all are present in the
disguise commission of the crime they have been case, shall be applied as
Inherent in: deliberately adopted as the a single aggravating
Estafa (fraud) means, methods or forms circumstance
for the treacherous stategy,
or
May co-exist independently
Taking advantage of Specific aggravating Means employed in the Absorbed in band Also present when the
superior strength circumstance in crimes commission of the crime offender uses a weapon
against persons Not applicable: which is out of
1. passion and proportion
Qualifying aggravating obfuscation
circumstance in the crime 2. unexpected quarrel,
of murder engaged against each
other as man to man
Inherent in parricide
(husband kills wife)
means employed to Specific aggravating Means employed in the May amount to
weaken defense circumstance in crimes commission of the crime treachery when the
against persons victim is not able to put
up any sort of
Qualifying aggravating resistance.
circumstance in the crime
of murder
Treachery Specific aggravating Means and ways employed 1. That there at the time Absorbs: May be considered:
circumstance to crimes in the commission of the of the attack, the victim 1. Craft 1. If the victim was not
against persons crime was not in a position to 2. Abuse of superior predetermined but
defend himself, and strength there was a generic

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
Qualifying aggravating 2. That the offender 3. Nighttime intent to kill any
circumstance in the crime consciously adopted 4. Aid of armed men person belonging to
of murder the particular means, 5. Band a class
method or form of 6. Employing means to 2. Aberration ictus
Applicable only to crimes attack employed by weaken the defense 3. Error in personae
against persons him.
*Treachery cannot co-exist Reason: Where there is
with passion or treachery, it is
obfuscation. impossible for either the
intended victim or the
actual victim to defend
himself against the
aggression.
Ignominy Specific aggravating Means employed
circumstance to crimes
against chastity effect:
the crime becomes more
Qualifying aggravating humiliating or puts the
circumstance offended party to shame

Inherent in the following

crimes:
1. libel
2. acts of lasciviousness
3. rape?

Application:
1. crimes against chastity
2. less serious physical
injuries
3. light or grave coercion
4. murder
Unlawful entry Generic Means and ways employed
to commit the crime
Qualifying aggravating
circumstance

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance

Inherent in the following

crimes:
1. robbery with force
upon things
2. violation of domicile
(committed by public
persons)
3. trespass to dwelling
(committed by private
individuals)
Breaking of wall, roof, Generic Means and ways employed Aggravating only is those
floor, door, or window to commit the crime cases when the offender
Qualifying aggravating resorted to any of said
circumstance means to enter the
house.
Inherent in the crime of
robbery with force upon
things
Aid of persons under Generic aggravating Means and ways employed
fifteen years old circumstance to commit the crime
(minor)
Use of motor vehicles Qualifying aggravating Means and ways employed other similar means
airships or other circumstance to commit the crime refer to motorized
similar means vehicles or other
Qualifying aggravating efficient means of
circumstance in the crime transportation similar to
of murder automobile or airplane

Inherent in the crime of

carnapping
Cruelty Specific aggravating Ways employed to commit 1. That the injury caused If the victim is already
circumstance to crimes crime be deliberately dead when the acts of
against persons increased by causing mutilation were
other wrong performed will qualify
Qualifying aggravating 2. That the other wrong the killing to murder due

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 Aggravating
Kind Basis Requisites Compatibility Remarks
Circumstance
circumstance in the crime be unnecessary for the to outraging of his
of murder execution of the corpse.
purpose of the
Inherent in the following offender
crimes:
1. crimes against persons
2. mutilation
Organized or Special aggravating
syndicated crime circumstance
group (RA 7659)

Use of illegal firearms Special aggravating

or explosives (RA circumstance for crimes of
10591) homicide and murder

Use of dangerous Qualifying aggravating

drugs while circumstance
committing a felony
(RA 9165)

Specific Aggravating Circumstances:

1. Art. 128. Violation of domicile (nighttime)
2. Art. 132. Interruption of religious worship (violence or threats)
3. Art. 148. Direct assault (weapon, offender lays hands upon a person in authority)
4. Art. 282. Grave threats
5. Art. 272. Slavery
6. Sec 1. Title 10. RPC. Robbery with violence or intimidation of persons (uninhabited place, band)
Except: robbery with homicide or robbery with rape
7. Robbery with force upon things (uninhabited place, band)

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