a. Memorize Article 14.
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 of or with
insult to the public authorities
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 it 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
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.
6. 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
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
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.
10. 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.
11. That the crime be committed in consideration of a price,
reward, or promise.
12. 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.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage be taken of superior strength, or means
be employed to weaken the defense.
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 execution, without risk to himself
arising from the defense which the offended party might
make.
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.
There is an unlawful entry when an entrance is effected
by a way not intended for the purpose.
19. That as a means to the commission of a crime a wall, roof,
floor, door, or window be broken.
20. That the crime be committed with the aid of persons
under 15 years of age, or by means of motor vehicle,
airships, or other similar means.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not
necessary for its commission.
b. What is an aggravating circumstance?
Aggravating circumstances are those which, if attendant in the
commission of the crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty provided by law
for the offense.
Basis: They are based on the greater perversity of the offender
manifested in the commission of the felony as shown by:
1. The motivating power itself
2. The place of commission
3. The means and ways employed
4. The time
5. The personal circumstances of the offender
c. Explain generic, specific, qualifying, and inherent
aggravating circumstances?
1. Generic ​- those that can generally apply to all crimes
Example: dwelling, nighttime, or recidivism
Art. 14 No. 1,2,3,4,5,6,9,10,14,18,19,20, except by “means of
motor vehicles”
2. ​ Specific ​- those that apply only to particular crimes
Example: Ignominy in crimes against chastity or cruelty and
treachery in crimes against persons. Circumstances in par. 3
(except dwelling), 15, 16, 17, 21
3. Qualifying​ - those that change the nature of the crime
Example: alevosia (treachery) or evident premeditation qualifies
the killing of a person to murder
4. Inherent ​- those that must of necessity accompany the
commission of the crime
Example: evident premeditation is inherent in robbery, theft,
estafa, adultery and concubinage
d. What is a special aggravating circumstance?
Special or specific aggravating circumstances which apply only to
a particular felony. They are found elsewhere than Article 14.
● Discuss ​People v. De Leon, G.R. No. 179943, 26 June
2009
e. Distinguish a generic aggravating circumstance
from a qualifying aggravating circumstance.
The effect of a ​generic aggravating circumstance​, not offset by
any mitigating circumstance, is to increase the penalty which
should be imposed upon the accused to the maximum period, but
without exceeding the limit prescribed by law; while that of a
qualifying circumstance ​is not only to give the crime its proper
and exclusive name but also to place the author thereof in such a
situation as to deserve no other penalty than that specially
prescribed by law for said crime.
Qualifying circumstance - cannot be offset by a mitigating
circumstance, must be alleged in the information, if it is not
alleged, it is a generic aggravating circumstance only
Generic aggravating circumstance ​- may be compensated by a
mitigating circumstance.
f. What is an inherent aggravating circumstance?
Inherent - those that must of necessity accompany the
commission of the crime. [Article 62 (2)]
Example: Evident premeditation inherent in robbery, theft,
estafa, adultery, concubinage
g. What is the effect of proving an aggravating
circumstance not alleged in an information during
trial?
To be appreciated, qualifying and aggravating circumstances
must be alleged in the information.
Generic aggravating circumstances, even if not alleged in the
information, may be proven during the trial over the objection of
the defense and may be appreciated in imposing the sentence.
Such evidence merely forms part of the proof of the actual
commission of the offense and does not violate the constitutional
right of the accused to be informed of the nature and cause of
accusation against him.
Although the aggravating circumstances in question cannot be
appreciated for the purpose of fixing a heavier penalty in this
case, they should, however, be considered as bases for the award
of exemplary damages, conformably to current jurisprudence.
● Discuss ​People v. Casitas Jr., G.R. No. 137404, 14 Feb
2003
h. Discuss and state the basis for each of the
aggravating circumstances.
1. That advantage be taken by the offender of his public
position
Basis: the greater perversity of the offender, as shown by the
personal circumstance of the offender and also by the means
used to secure the commission of the crime
- The public officer must use the influence, prestige or
ascendancy which his office gives him as the means by
which he realizes his purpose. “Did the accused abuse
his office in order to commit the crime?”
- There must be proof that the accused took advantage of
his public position
- Not aggravating when it is an integral element of, or
inherent in, the offense [Art. 217 - Malversation, Art.
171 - Falsification of document committed by public
officers
- Not aggravating if accused could have perpetrated the
crime without occupying police position]
2. That the crime be committed in contempt of or with
insult to the public authorities
Basis: The greater perversity of the offender, as shown by his lack
of respect for the public authorities
Requisites:
a. That the public authority is engaged in the exercise of
his functions
b. That he who is thus engaged in the exercise of said
functions is not the person against whom the crime is
committed
c. The offender knows him to be a public authority
d. His presence has not prevented the offender from
committing the criminal act
Example: The municipal mayor attempted to stop the quarreling
between A and B but they still continued and A succeeds in killing
B. A commits the crime of homicide with the aggravating
circumstance of “in contempt of or with insult to the public
authority.”
3. That the act be committed (1) with insult or in disregard
of the respect due the offended party on account of his (a)
rank, (b) age, or (c) sex, or (2) that it be committed in the
dwelling of the offended party, if the latter has not given
provocation.
4 circumstances enumerated may be considered as single or
together. If all the 4 are present, they have the weight of 1
aggravating circumstance only.
Basis: the greater perversity of the offender, as shown by the
personal circumstances of the offended party and the place of the
commission of the crime
- Applicable only to crimes against persons or honor,
when in the commission of the crime, there is some
insult or disrespect to rank, age, sex
- There must be a deliberate intent to offend or insult the
sex or age of the offended party
Not applicable in:
1. When the offender acted with passion and obfuscation
2. When there exists a relationship between the offended
party and the offender
3. When the condition of being a woman is indispensable
in the commission of the crime
In parricide, rape, abduction, or seduction, sex is not aggravating.
Dwelling - must be a building, structure ​exclusively used for rest
and comfort.
Basis: the sanctity of privacy the law accords to human abode. //
The home is a sort of sacred place for its owner. He who goes to
another’s house to slander him, hurt him or do him wrong, is more
guilty than he who offends him elsewhere.
4. That the act be committed with (1) abuse of confidence or
(2) obvious ungratefulness
Basis: The greater perversity of the offender, as shown by the
means and ways employed.
Abuse of Confidence - when the offended party has trusted the
offender who later abuses such trust by committing the crime.
- Must be a means of facilitating the commission of the
crime, the culprit taking advantage of the offended
party’s belief that the former would not abuse said
confidence
Requisites:
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 abuse of confidence facilitated the commission
of the crime
Ungratefulness ​- must be obvious, manifest, and clear
Examples:
- accused who killed his father-in-law in whose house he lived
and who partially supported him
- a security guard killed a bank officer and robbed the bank
- visitor commits robbery or theft in the house of his host
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.
Basis: the greater perversity of the offender, as shown by the
place of the commission of the crime, which must be respected.
(Par. 5) Place where public authorities are engaged in the
discharge of their duties vs. (Par. 2 ) Contempt or insult to public
authorities:
- In both, the public authorities are in the performance of
their duties
- Under par. 5, the public authorities who are in the
performance of their duties must be in their office;
while in par. 2, the public authorities are performing
their duties OUTSIDE of their office
- Under par. 2, the public authority should not be the
offended party, while under par. 5, he may be the
offended party
The place of the commission of the felony is aggravating,
regardless of whether State, official,or religious functions are
being held.
The presence of the Chief Executive alone in any place where the
crime is committed is enough to constitute the aggravating
circumstance.
In places dedicated to religious worship - offender must have
intention to commit a crime when he entered the place.
6. That the crime be committed (1) in the nighttime or (2)
in an uninhabited place, or (3) by a band, whenever such
circumstances may facilitate the commission of the
offense.
Basis: The time and place of the commission of the crime and
means and ways employed.
General rule: They constitute only one aggravating circumstance
if they concur in the commission of the felony.
Exception: They may be considered separately when their
elements are distinctly perceived and can subsist independently
When aggravating:
Nighttime, uninhabited place, band -
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
Nighttime ​- may facilitate the commission of the crime, when
because of the darkness, the crime can be perpetrated
unmolested, or interference can be avoided, or there would be
greater certainty in attaining the ends of the offender.
Uninhabited Place - one where there are no houses at all, a place
at a considerable distance from town, or where the houses are
scattered at a great distance from each other
- Determined by whether or not in the place of the
commission of the offense there was a reasonable
possibility of the victim receiving some help, not by the
distance of the nearest house to the scene of the crime
Band - whenever more than 3 armed malefactors shall have acted
together in the commission of an offense, it shall be deemed to
have been committed by a band
- This aggravating circumstance is considered in crimes
against property, persons, or in the crime of illegal
detention or treason.
- Not applicable to crimes against chastity
- Abuse of superior strength and use of firearms are
absorbed in aggravating circumstance of “by a band”
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or other
calamity or misfortune.
Basis: Reference to the time of the commission of the crime
Reason for the aggravation: found in the debased form of
criminality met in one who, in the midst of a great calamity,
instead of lending aid to the afflicted, adds to their suffering by
taking advantage of their misfortune to despoil them
Example: A fireman who commits robbery in a burned house, or
that of a thief who immediately after a destructive typhoon steals
personal property from the demolished houses
8. That the crime be committed with the aid of armed men
or persons who insure or afford impunity
Basis: On the means and ways of committing the crime
Requisites:
1. That 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
Rule for the application: the casual presence of the 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
Exceptions:
 1. This circumstance shall not be considered when both
the attacking party and the party attacked were equally
armed
2. Not present when the accused as well as those who
cooperated with him in the commission of the crime
acted under the same plan for the same purpose
By a band vs. with the aid of armed men:
Band - requires that more than 3 armed malefactors shall have
acted together in the commission of an offense
Aid - present even if one of the offenders merely relied on their
aid, for actual aid is not necessary
- Aid of armed men is absorbed by employment of a band
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.
Basis: The greater perversity of the offender, as shown by his
inclination to crimes.
Requisites:
1. That the offender is on trial for an offense
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 of the new offense
-what is controlling is the time of trial, not the time of the
commission of the crime
10. 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.
Basis: The greater perversity of the offender, as shown by his
inclination to crimes.
Requisites:
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
for two or more crimes to which it attaches lighter
penalty than that for the new offense
3. That he is convicted of the new offense
-it is the penalty attached to the offense, not the penalty actually
imposed
Reiteracion or Habituality vs. Recidivism
Habituality - necessary that the offender shall have served out his
sentence for the first offense
- The previous and subsequent offenses must not be
embraced in the same title of the Code
- Not always an aggravating circumstance
Recidivism - it is enough that a final judgment has been rendered
in the first offense
- Requires that the offenses be included in the same title
of the Code
- Always taken into consideration in fixing the penalty to
be imposed upon the accused
11. That the crime be committed in consideration of a price,
reward, or promise.
Basis: The greater perversity of the offender, as shown by the
motivating power itself.
When this aggravating circumstance is present, there must be 2
or more principals, the one who gives or offers the
price/promise, and the one who accepts it, both of whom are
principals.
Price or reward must be for the purpose of inducing another to
perform the deed.
12. 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.
Basis: Reference to the 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
The killing of the victim by means of such circumstances as
inundation, fire, poison, or explosion qualifies it to murder.
Par. 12 vs. Par. 7
12 - crime is committed by means of any of such acts involving
great waste or ruin
7 - crime is committed on the occasion of a calamity or
misfortune
13. That the act be committed with evident premeditation.
Basis: Reference to the ways of committing the crime, because
evident premeditation implies a deliberate planning of the act
before executing it
Essence of premeditation - the execution of the criminal act must
be preceded by cool thought and reflection upon the resolution to
carry out the criminal intent during the space of time sufficient to
arrive at a calm judgment
There must be evidence showing that the accused meditated and
reflected on his intention between the time when the crime was
conceived by him and the time it was actually perpetrated, must
be evident and not merely suspected
Requisites, 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. 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
 - The date and time when the offender determined to
commit the crime is essential
- 2nd requisite must be based upon EXTERNAL ACTS and
not presumed from mere lapse of time
Examples:
a. When a grave was prepared at an isolated place in the
field for the reception of the body of the person whom
the criminals intended to kill
b. When the defendant commenced to sharpen his bolo on
the afternoon preceding the night of the crime
Sufficient Time - required, the offender must have an opportunity
to coolly and serenely think and deliberate on the meaning and
the consequences of what he planned to do, an interval long
enough for his conscience and better judgment to overcome his
evil desire and scheme
14. That (1) craft, (2) fraud, or (3) disguise be employed.
Basis: Reference to the means employed in the commission of the
crime.
This circumstance is characterized by the intellectual or mental
rather than the physical means to which the criminal resorts to
carry out his design.
Craft ​- involves the use of intellectual trickery or cunning on the
part of the accused
- A chicanery (use of trickery) resorted to by the accused
to aid in the execution of his criminal design
Example:
- accused pretended to be bona fide passengers in the
taxicab driven by the deceased, when they were not so
in fact, in order not to arouse his suspicion, and then
killing him, constituted craft
Fraud ​- insidious words or machinations used to induce the
victim to act in a manner which would enable the offender to
carry out his design
Craft v. Fraud
Fraud - when there is a direct inducement by insidious words or
machinations
Craft - no direct inducement, the act of the accused was done in
order not to arouse the suspicion of the victim
Disguise ​- resorting to any device to conceal identity
-if in spite of using a handkerchief to cover their faces, the
culprits were recognized by the victim, disguise will not be
considered aggravating
-use of an assumed name in the publication of a libel constitutes
disguise
15. That (1) advantage be taken of superior strength, or (2)
means be employed to weaken the defense.
Advantage of superior strength - means to use purposely
excessive force out of proportion to the means of defense
available to the person attacked
Aggravating when - there is a notorious inequality of forces
between the victim and the aggressor. Depends on the age, size,
and strength of the parties
Example: a strong man has ill-treated a child, an old or decrepit
person, or one weakened by disease, or where a person’s physical
strength has been overcome by the use of drugs/intoxicants
* When the attack was made on the victim alternately, there is no
abuse of superior strength - different people delivered blows
upon the victim, one after the other
Means Employed to Weaken the Defense
Example:
- Where one, struggling with another, suddenly throws a
cloak over the head of his opponent and while in this
situation he wounds or kills him.
- One who, while fighting with another, suddenly casts
sand or dirt upon the latter’s eyes and then wounds or
kills him
16. That the act be committed with treachery (alevosia).
Basis: Reference to the means and ways employed in the
commission of the crime.
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 execution,
without risk to himself arising from the defense which the
offended party might make.
- The offended party was not given opportunity to make a
defense
Rules regarding treachery:
1. Applicable only to crimes against the person
2. Means, methods or forms need not insure
accomplishment of crime
3. The mode of attack must be consciously adopted
Examples:
1. The act of shooting the victim at a distance
2. Where the victim was tied and gagged before being
stabbed. The tied hands rendered him defenseless and
helpless thereby allowing the accused to commit the
crime without risk at all to their person.
3. Murder by poison
Attacks showing intention to eliminate risk:
a. Victim is asleep
b. Victim is half-awake or just awakened
c. Victim is grappling or being held
d. Attacked from behind, with a firearm, bladed weapon
Requisites:
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 attacked employed by him
Treachery v. Abuse of Superior Strength v. Means Employed to
Weaken the Defense
Treachery - means. Methods, forms of attack are employed by the
offender to make it impossible for the offended party to put up
any sort of resistance
Abuse of Superior Strength - the offender DOES NOT employ
means, methods, or forms of attack, he only takes advantage of
his superior strength
Means Employed - the offender employs means but the means
employed only materially weakens the resisting power of the
offender party
17. That means be employed or circumstances brought about
which add ignominy to the natural effects of the act.
Basis: Reference to the means employed
Ignominy - circumstance pertaining to the moral order, which
adds disgrace and obloquy (ob-lo-kwee, strong public
criticism/verbal abuse) to the material injury caused by the
crime
- Applicable to crimes against chastity, less serious
physical injuries, light or grave coercion, and murder
- Where the means employed or the circumstances
brought about tend to make the effects of the crime
more humiliating or to put the offended party to shame
Example:
- Before he was killed, the deceased, a landowner, was
forced by the accused to kneel in front of his house
servants drawn up in line before him
- When the accused raped a woman after winding cogon
grass around his genital organ, he thereby augmented
the wrong done by increasing its pain and adding
ignominy thereto
18. That the crime be committed after an unlawful entry. .
Basis: Reference to the means and ways employed to commit the
crime
Unlawful Entry - ​when an entrance is effected by a way not
intended for the purpose, must be a means to effect entrance and
not for escape
Example:
- The act of entering through the window, which is not
the proper place for entrance into the house
Reason for Aggravation: One who acts, not respecting the walls
erected by men to guard their property and provide for their
personal safety, shows a greater perversity, a greater audacity,
hence the law punishes him with more severity.
19. That as a means to the commission of a crime a wall, roof,
floor, door, or window be broken.
Basis: Reference to the means and ways employed to commit the
crime.
Breaking of Door or Window is lawful when:
1. An officer, in order to make an arrest, may break into
any building or enclosure where the person to be
arrested is
2. The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house
20. That the crime be committed (1) with the aid of persons
under 15 years of age, or (2) by means of motor vehicle,
airships, or other similar means.
Basis: Reference to means and ways employed to commit the
crime
2 Circumstances:
1. The first one tends to repress the frequent practice
resorted to by professional criminals to avail
themselves of minors taking advantage of their
irresponsibility
2. The second one is intended to counteract the great
facilities found by modern criminals in said means to
commit crime and flee and abscond once the same is
committed
*If the use of the motor vehicle was only in facilitating the escape,
it should not be an aggravating circumstance.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not
necessary for its commission.
Basis: Reference to the ways employed in committing the crime
Cruelty - ​when the culprit enjoys and delights in making the
victim suffer slowly and gradually, causing him unnecessary
physical pain the consummation of the criminal act
-to be aggravating, it is essential that the wrong done was
intended to prolong the suffering of the victim, causing him
unnecessary moral and physical pain
-it must be shown that the accused enjoyed and delighted in
making his victim suffer slowly and gradually
-requires deliberate prolongation of the physical suffering of the
victim
-no cruelty when other wrong was done after victim was dead
Requisites:
1. That the injury caused be deliberately increased by
causing other wrong
2. That the other wrong be unnecessary for the execution
of the purpose of the offender
Ignominy v. Cruelty
Ignominy - involves moral suffering
Cruelty - refers to physical suffering
i. Discuss the following cases:
● Nighttime. ​People v. Tolentino
● Evident premeditation. ​People v. Escarlos
● Craft, fraud, or disguise. ​People v. Reyes
● Abuse of superior strength. ​People v. Villanueva
● Treachery. ​People v. Gonzales
● Treachery. ​People v. Viscarra
● Ignominy. ​People v. Mejorada
● Cruelty and uninhabited place. ​People v. Dizon
j. Memorize Article 15.
Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending
its commission. They are the relationship, intoxication, and the
degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into
consideration when the offended party is the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degree of the offender.
The intoxication of the offender shall be taken into consideration as
a mitigating circumstance when the offender has committed a
felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but when the
intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance.
Alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender
k. What is an alternative circumstance?
Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending
its commission.
l. What is its basis?
Basis - the nature and effects of the crime and the other
conditions attending its commission.
m. Discuss each of the alternative circumstances:
● Relationship. ​People v. Fernandez
Relationship:
When the offended party is the -
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, or adopted brother or sister
e. Relative by affinity in the same degree of the offender
-stepfather, stepmother, stepson, stepdaughter are included
-relationship between uncle and niece is not covered
As a rule, relationship is mitigating in crimes against property.
Examples:
1. Robbery - Arts 294-302
2. Usurpation - Art. 312
3. Fraudulent Insolvency - Art. 314
4. Arson - Art. 321-322, 325-326
Under Art. 332, only civil liability shall result from the
commission of the crime of theft, swindling or malicious mischief
committed or caused mutually by spouses, ascendants,
descendant, relatives by affinity if LIVING TOGETHER
Aggravating in crimes against persons when the offended party is
a relative of a higher degree than the offender, or when the
offender and the offended party are relatives of the same level, as
killing a brother, brother-in-law, a half-brother, adopted brother.
● Intoxication. ​People v. Sitchon
a. Mitigating:
1. If intoxication is not habitual
2. If intoxication is not subsequent to the plan to commit a
felony
b. Aggravating:
1. If intoxication is habitual
2. If it is intentional (subsequent to the plan to commit a
felony)
Intentional - when the offender drinks liquor fully knowing its
effects, to find in the liquor a stimulant to commit a crime or a
means to suffocate any remorse
For an accused t be entitled to the mitigating circumstance, it
must be shown that:
a. At the time of the commission of the criminal act, he has
taken such quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree of control
b. That such intoxication is not habitual, or subsequent to
the plan to commit the felony
Reason for the alternative circumstance of intoxication
As mitigating: the fact that when a person is under the influence
of liquor, his exercise of will power is impaired
As aggravating: because it is intentional, the reason is that the
offender resorted to it in order to bolster his courage to commit
the crime
*Presumption that intoxication is accidental = prosecution must
prove that the intoxication is habitual or intentional
● Degree of instruction. ​People v. Abanes
Low degree of instruction and education or lack of it is generally
mitigating. High degree of instruction and education is
aggravating when the offender avails himself of his learning in
committing the crime
Lack of instruction, as mitigating - if the accused did not finish
even the first grade in elementary school
Not mitigating - where the accused finished Grade 2 but
answered in Tagalog the questions put to him in English
Lack of sufficient intelligence is required in illiteracy - mere
illiteracy is not sufficient to constitute a mitigating circumstance,
there must also be a lack of intelligence
*Lack of instruction must be proved by the defense
Lack of education and instruction is NOT mitigating in murder -
because to kill is forbidden by natural law which every rational
being is endowed to know and feel
High degree of instruction, as aggravating - when the offender
availed himself or took advantage of it in committing the crime
Examples:
1. A lawyer who, with abuse of his education and learning,
commits estafa
2. A medical student who was convicted of slander by
deed
3. A doctor, who, using his knowledge, prepared a certain
kind of poison to kill his victim in such a way as to avoid
detection