Criminal Law 1
Basis: has reference to the time of commission of the crime
Article 14. Aggravating Circumstances
-Although not alleged, they may still be considered in the
award of damages. (Exemplary damages)
Par 1.
Basis: greater perversity personal circumstance
applicable only when offender is a public officer
must use influence, prestige or ascendency
Did the accused abuse his office to commit a crime?
-Present when a councilor collects fines and misappropriates
them.
-When the public officer did not take advantage of the influence
of his position, this aggravating circumstance is not present.
Par 2.
Basis: greater perversity lack of respect to pub. authorities
Requisites:
Pub. Authority is engaged in ex. of his functions
>not the person against whom the crime is committed
Offender knows him to be a pub. authority
Presence not prevented offender from criminal act
Par 3.
Basis: greater perversity personal circumstance of the
offended party and the place of commission of the crime
Not applicable when:
Offender acted with passion and obfuscation
There exists a relationship between the offended and
the offender
When condition of being a woman is indispensable
Provocation:
Given by the owner of the dwelling
Sufficient
Immediate to the commission of the crime
Dwelling not aggravating when:
Both are occupants of the same house
Robbery committed by use of force upon things
because it is inherent
Trespassing
Owner of dwelling gave provocation
Dwelling did not belong to the offended party
Rape was committed in the ground floor of a store
Dwelling aggravating when:
Victim raped in the boarding house can be dwelling
Victims were raped in their paternal home
Victim was killed in house of her aunt temp dwelling
While sleeping as guests in another house killed
Par 4.
Basis: greater perversity by means and ways employed
Abuse of Confidence exists only when the offended party has
trusted the offender who later abuses such trust.
Requisites:
Offended party had trusted the offender
Offender abused such trust by committing crime
Abuse of confidence facilitated the crime
Ungratefulness must be obvious, manifest and clear.
Par 5.
Basis: place of commission of crime, which must be respected
Difference between par. 2 and par. 5:
In both, authorities are in the performance of duties
5 must be in their office; 2 outside their office
2 NOT the offended party; 5 may be the offended
Par 6.
Basis: Time and place of crime and means employed
Nighttime, uninhabited place or band is aggravating when:
It facilitated the commission of the crime
Especially sought for by the offender to insure the
commission of the crime of for the purpose of
impunity
The offender took advantage thereof for the purpose
of impunity
Par 7.
-Taking advantage of the misfortune to despoil people
-Offender must take advantage of the calamity or misfortune
-Chaotic condition after liberation is not included
Except in the case of People v. Penjan. Chaotic condition
resulted from the liberation of San Pablo considered a
calamity
Par 8.
Basis: means and ways of committing the crime
Requisites:
That armed men or persons took part in the
commission of the crime, directly or indirectly
That the accused availed himself of their aid or relied
upon them when the crime was committed.
Rule: The casual presence of armed men near the place where
the crime was committed does not constitute an aggravating
circumstance when it appears that the accused did not avail
himself of their aid or rely upon them to commit the crime.
Par. 9
Basis: greater perversity as shown by his inclination to crimes
Recidivist. Requisites:
That offender is on trial for an offense
That he was previously convicted by final judgment of
another crime
1st & 2nd offenses are embraced in the same title
That offender is convicted of the new offense
Par 10.
Basis: greater perversity as shown by his inclination to crimes
Requisites:
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 two or more crimes to which it attaches
a lighter penalty than that for the new offense
That he is convicted of the new offense
Four forms of repetition:
1. Recidivism (par 9, art. 14)
2. Reiteracion or habituality (par 10, art. 14)
3. Multi-recidivism or habitual delinquency (art 62 par 5)
4. Quasi-recidivism (art. 160)
Habitual delinquency when a person, within a period of 10
yrs. from the date of his release or last conviction of the crimes
of serious or less serious physical injuries, robbery, theft,
estafa or falsification, is found guilty of any of said crimes a
third time or oftener. May be either a recidivist or habitual.
Par 11.
Basis: greater perversity as shown by motivating power itself
-Affects the person who received and the person who gave
-Price, reward or promise must be for the purpose of inducing
another to perform the deed
Par 12.
Basis: has reference to means and ways employed
-Unless used by the offender as a means to accomplish a
criminal purpose, any of the circumstances in par 12 cannot be
considered to increase the penalty or to change the nature of
the offense
-When another aggravating circumstance already qualifies the
crime, any of these aggravating circumstances shall be
considered as generic aggravating circumstance only.
-When there is no actual design to kill a person in a burning
house, it is plain arson even if a person is killed.
-When used as a means to kill another person, the crime is
murder.
-If the purpose of the explosion, inundation, fire or poison is to
kill, the crime committed is murder. It should not be considered
as generic aggravating circumstance because it is an integral
element of the offense
-But if a house was set on fire after the killing of the victim,
there would be 2 separate crimes of arson and murder or
homicide