Art. 14. Aggravating circumstances.

The following are aggravating

circumstances:

1. That advantage be taken by the

offender of his public position.

2. That the crime be committed in 1. That the public authority is engaged in the exercise of his

contempt or with insult to the public functions

authorities. 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 prevented the offender from committing

the criminal act

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 is be committed in

the dwelling of the offended party, if the

latter has not given provocation.

4. That the act be committed with abuse Abuse of confidence

1. That the offended party had trusted the offender
of confidence or obvious ungratefulness.
2. That the offender BUSED THE confidence of the offended
party
3. That the abuse of confidence facilitated the commission
of the crime

5. That the crime be committed in the
palace of the Chief Executive or in his
presence, or where public authorities are 3.
purpose of impunity
engaged in the discharge of their duties,
Obvious ungratefulness
1. That the offended party had trusted the offender
2. Abused such trust by committing a crime against the
offended party
3. That the act be committed with obvious ungratefulness
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
When the offender took advantage thereof for the

or in a place dedicated to religious

worship.

6. That the crime be committed in the

night time, 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 1. that the men or persons took part in the commission, directly or

aid of armed men or persons who insure indirectly

or afford impunity.
 2. that the accuser availed himself of their aid or relied upon them

when the crime was committed

1. That the offender is on trial for an offense
recidivist 9. That the accused is a recidivist.
2. That he was previously convicted by final judgement of
A recidivist is one who, at the time of his another crime

trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same
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

title of this Code.

Reiteracion or Habituality 10. That the offender has been 1. That the accused is on trial for an offense

previously punished by an offense to 2. That he previously served sentence for another offense to which

which the law attaches an equal or the law attaches an equal or greater penalty or 2 or more lighter

greater penalty or for two or more penalties than that for the new offense

crimes to which it attaches a lighter 3. That he is convicted of the new offense

penalty.

11. That the crime be committed in Reward must be the primary reason or premordial motive for the

consideration of a price, reward, or commission of the crime

promise.

12. That the crime be committed by

means of inundation, fire, poison,

explosion, stranding of a vessel or

international 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
evidence premeditation.
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

14. That the craft, fraud or disguise be

employed.

15. That advantage be taken of superior

strength, or means be employed to

weaken the defense.

alevosia 16. That the act be committed with
treachery (alevosia).
There is treachery when the offender
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 attack employed by him

commits any of the crimes against the Considered present in:

person, employing means, methods, or mistake in personnae

forms in the execution thereof which and

tend directly and specially to insure its aberratio ictus – accidental harm to a person

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.
19. There is an unlawful entry when an

entrance of a crime a wall, roof, floor,

door, or window be broken.

20. That the crime be committed with

the aid of persons under fifteen years of

age or by means of motor vehicles,

motorized watercraft, airships, or other

similar means. (As amended by RA

5438).

21. That the wrong done in the 1. that the injury caused be deliberately increased by causing other

commission of the crime be deliberately wrong

augmented by causing other wrong not 2. that the other wrong be unnecessary for the executon of the

necessary for its commissions. purpose of the offender