CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY (AGGRAVATING
CIRCUMSTANCES)
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
contempt or with insult to the public engaged in the exercise of his
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 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 of confidence or obvious
ungratefulness.
1. That the public authority I
functions
2. That the public authority is not the
person against whom th 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
Abuse of confidence
1. That the offended party had
trusted the offender
2. That the offender BUSED
THE confidence of the offended
party
3. That the abuse of
confidence facilitated the
commission of the crime
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

5. That the crime be committed in 1.
the palace of the Chief Executive or
in his presence, or where public
2.
authorities are engaged in the
discharge of their duties, or in a
place dedicated to religious worship.
with obvious ungratefulness
When it facilitated the
commission of the crime
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
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 1. that the men or persons took part
the aid of armed men or persons in the commission, directly or
who insure or afford impunity. indirectly
2. that the accuser availed himself of
their aid or relied upon them when
the crime was committed

recidivist 9. That the accused is a recidivist. 1. That the offender is on trial

A recidivist is one who, at the time of
his trial for one crime, shall have 2.
been previously convicted by final
judgment of another crime embraced
in the same title of this Code.
3.
for an offense
That he was previously
convicted by final judgment of
another crime
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
Reiteracion or habituality 10. That the offender has been
previously punished by an offense to offense
which the law attaches an equal or 2. That he previously served
greater penalty or for two or more
crimes to which it attaches a lighter which the law attaches an equal or
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
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 1.
evidence premeditation.
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 1.
treachery (alevosia).
There is treachery when the offender
commits any of the crimes against 2.
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
1. That the accused is on trial for an
sentence for another offense to
greater penalty or 2 or more lighter
penalties than that for the new
offense
3. That he is convicted of the new
offense
Reward must be the primary reason
or primordial motive for the
commission of the crime
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
That at the time of the
attack, the victim was not in a
position to defend himself
That the offender
consciously adopted the particular
means, method or form of attack
employed by him
 the defense which the offended party
might make. Considered present in:
mistake in personnae and
aberratio ictus

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
commission of the crime be
deliberately augmented by causing
other wrong not necessary for its
commissions.
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

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 contempt 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 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 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 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 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 by 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 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.
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.
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 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 commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissions.