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ARTICLE 14: AGGRAVATING CIRCUMSTANCES
Paragraph/Provision
(1) Advantage of public position Requisites
1. Public official
2. Use influence, prestige, and
ascendancy which such office
gives him as a means by which
he realized his purpose
(2) Contempt of or insult to the Requisites
public authorities 1. Public authority must be
Nature: generic engaged in the performance of
Basis: greater criminal perversity his official duty
by offender’s lack of respect 2. Public authority must not be the
person against whom the
crime is committed
3. The offender knows him to be
a public authority
(3) Disregard of rank, age, sex, or Requisite – deliberate intent to
dwelling of offended party offend/ insult the rank, age, or sex
Nature: generic and specific (apply Requisites (Dwelling)
only to crimes against persons or 1. Dwelling of the offended
honor, not against property) party
Basis: greater criminal perversity 2. No provocation on the op
on personal circumstances and 3. Specific evidence of
place of situs criminis disregarding the respect of law
Common element: respect in another’s dwelling
(4) Abuse of confidence or Requisites (ac)
obvious ungratefulness 1. Op trust the offender
Nature (ac): generic; qualifying on 2. Abused of trust
crimes of qualified theft, qualified 3. Offender took advantage of
seduction, malversation, estafa the trust
Nature (ou): generic Requisites (ou) [J.Tang]
Basis: greater perversity of the 1. Generosity received by the
ways and means employed offender
2. Extent of such generosity to
the offender
Important Notes
 Public position is inherent:
bribery, indirect bribery
 Public authority (PA) – an
person directly vested with
jurisdiction, whether as an
individual or as a member of
some court of gov’t-owned or –
controlled corp., board, or
commission
 Person in authority = PA
 Agent ≠ PA
 This aggravating circumstances  Rank + 14(1) = yes
are not applicable to cases  Age: gap of at least 15yrs
attendant of  Mistook sex ≠ aggravating
negligence or careless,  Dwelling – place of abode where
passion or obfuscation, the op resides and which
immediate vindication (?), or satisfies the requirements of his
those with sufficient provocation domestic life
(op) because of the lack of intent  Sanctity of privacy – for dwelling
 Can be considered separately  Op and offender, same dwelling
against the offender if they ≠ not aggravating
concur in the same case Xpn: house and store, op
provoked, occupants (?)
 There should be direct
relationship and trust
 Confidence must be immediate
and personal
 Ungratefulness must be obvious,
manifest, and clear

(5) Palace of the CE, or in his
presence, or where public
authorities are engaged in the
discharge of their duties, or in a
place dedicated to religious
worship
Nature: generic
Basis: place deserves respect
(6) Nighttime, uninhabited place,
or by band
Nature: generic
(7) Calamity or misfortune (c/m)
Nature: qualifying
Basis: adds to the suffering by
taking advantage of the misfortune
to despoil them
(8) Aid of armed men or persons
Nature: qualifying
Basis: means and ways of
committing the crime
(9) Recidivism
Nature: generic
Basis: inclination to crimes
 Incompatible with negligence,
p/o, and sp
∴ deliberate intent required
 Palace – Malacanang Palace
 Public authorities are not
required to be in the exercise of
their functions
 Lawn ≠ palace
 Presidential mansion ≠ palace
Requisites
1. When it facilitated the
commission of the crime
(objective test)
2. Sought by the offender to
ensure the commission of the
crime (subjective test)
3. Offender took advantage such
circumstance for purpose of
impunity
Requisites
1. There is a c/m at the time the
crime was committed
2. Deliberately sought to facilitate
the commission of crime
3. Took advantage of the occasion
Requisites
1. Armed
2. Took part
3. Availed or relied
Requisites
1. Offender, on trial for an offense
2. Offender, previously convicted
by final judgment of another
crime
3. Both first and second offenses
are embraced in the same
title of RPC
 President personally saw the
crime = aggravating
 President saw the crime by
coincidence ≠ aggravating
 Offender need not have the
knowledge that the CE was
present or near the situs criminis
for it to be considered aggrav
 All three are incompatible w p/o
& sp ∴ deliberate intent required
 Nighttime – dusk -> dawn; or
sunset -> sunrise
 It is not enough that it is
nighttime, what is material is the
darkness of the night
 Nighttime inapplicable to
accidental mtgs, chance
encounters, spurs of the moment
 Incompatible with negligence or
carelessness, p/o, and sp
∴ deliberate intent required
 Inapplicable to accidental mtgs,
chance encounters, spurs of the
moment
 2-3 men = aam; 4 men = band
 Casual presence of aam ≠
 Direct/indirect participation =
 Moral/psychological aid =
 Conspiracy ≠ aam as aggravat’g
 Recidivist – 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 the RPC
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 Reyes: PA must be in the
exercise of their functions;
Amurao: PA need not be in the
exercise of their functions. Only
the place is material
 Place of religious worship (prw)
– place where religious
ceremonies are regularly hold
 Cemetery chapels ≠ prw
 Uninhabited place – one where
there are no houses at all;
distant from the town; WON in
the situs criminis, there was
reasonable possibility of the op
receiving some help
 Band – defined by law as more
than 3 armed malefactors
 Armed – anything that can kill a
person (ie. guns, knives)
 Conflagration -
 Persons who insure or afford
impunity; should have or be in a
position to afford impunity
Judge = yes
Employee, sec, mistress = no
 Incompatible with p/o, and sp,
and spur of the moment
 Pardon does not obliterate the
fact that the accused was a
recidivist
 Time or period between offenses
is immaterial
 Violation of special penal laws ≠

(9) Recidivism
-continuation-
(10) Reiteracion or habituality
Nature: generic
Basis: inclination to crimes
(11) Consideration of price,
reward, promise (prp)
Nature: qualifying; generic if it
concurs with qualifying circ.
Basis: greater moral depravity on
the part of the offeror and the
acceptor
(12) By means of inundation,
fire,…, or by the use of any other
artifice involving great waste and
ruin
Nature: qualifying
Basis: means and ways employed
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 At the time of his trial – including Final conviction Recidivist vs Quasi-recidivist
the rendering of judgment 1. Prescribed without motion for  1 and 2nd
st
 1st crime =
 At the trial – arraignment > reconsideration – perfecting an crime = RPC/SPL
judgment announced appeal from judgment of RPC felonies 2nd crime =
 Quasi-recidivist – person who conviction: 15days from RPC only
shall commit felony after having promulgation of judgment  Generic  Special
been convicted by final judgment 2. Sentence – totally/partially  Can be offset  Cannot be
before beginning to serve such served offset
sentence or while serving such 3. Accused, waived right to appeal
sentence 4. Accused applied for probation
Requisites  If only one offense, present must be Recedivism vs Reiteracion
1. Offender, on trial for an offense punishable by equal or greater  Final  Final
2. Offender, previously served penalty judgment is judgment +
 2 crime is punishable by spl ≠
nd
sentence for another offense to
enough sentence
which the law attaches: reiteracion ∴ Articles 13,14, 15 are
Equal or greater penalty, or served
not applicable to spl crimes
2 or more crimes with lighter  Habitual delinquency – when a  1st, 2nd crime =  1st, 2nd crime =
penalty than the new offense person within 10years from the date RPC RPC or not
3. Offender, convicted for the new of release or last conviction of the  Always taken  Not always an
offense crimes of serious or less serious considered in aggravating
Four forms of repetition physical injuries, robbery, theft, terms of circumstance
1. Recidivism estafa, or falsification, found guilty penalty to be
2. Reiteracion rd
for as 3 time or oftener. A habitual imposed
3. Habitual delinquency/ multi- delinquent shall suffer additional
recidivism penalty
4. Quasi-recidivism
Elements  Aggravating circumstance  Evident premeditation and prp
1. PRP must be the sole equally against the offeror and are not incompatible ∴ maybe
motivating factor in the the acceptor appreciated together
commission of the crime  Price need not be in money only
2. Principal  It is not necessary that the prp
a. By inducement – offeror has actually been received
b. By direct participation –
acceptor
 Distinction:  Inherent and not an aggravating
14(7) – refers to the occasion of circumstance on the ff:
a calamity or misfortune when  Fire – arson
the crime was committed  Derailment of locomotive -
damage to means of
14(12) – refers to the means
communication
employed in the commission of  Explosion (w/o intent to kill) –
the crime destruction to property

(13) Evident premeditation (ep)
Nature: qualifying
Basis: greater perversity as shown
in the offender’s tenacious
persistence to commit the crime
(14) Craft, fraud, or disguise be
employed (cfd)
Nature: qualifying
Basis: means employed
(15) Superior strength or means
be employed to weaken the
defense
Nature: qualifying
Basis: greater criminal perversity
on the part of the offender who
deliberately uses his superior
strength in order to assure the
commission of the crime
Requisites
1. Time when the offender
determined to commit the
crime
2. (Time the crime was committed
for computing the lapse of time)
3. Act manifestly indicating that
the offender clung to his
determination; thru overt acts
4. Sufficient interval of time
between determination and
the execution of the crime
allowing him to reflect upon the
consequences of his act and to
allow conscience to overcome
the resolution of his will
 Craft – involves intellectual
trickery and cunning on the part
of the offender
 Fraud – insidious words or
machinations to induce victim
 Disguise – resorting to any
device to conceal identity or to
prevent recognition
 Superior strength – denotes the
use of excessive force out of
proportion to the op’s available
means to defend himself
(ie. age, size, strength)
 Inequality of forces between
the op and the offender
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 Evident premeditation – the  Incompatible with negligence or
essence of such is that the carelessness, p/o, sp, and spurs
execution of the criminal act of the moment
must be preceded by cool ∴ deliberate intent required
though and reflection upon the  Compatible with vindication
resolution to carry out the  Error in personae & aberratio
criminal intent during the space ictus ≠ ep (xpn: plan to kill
of time sufficient to arrive at a anyone)
calm judgment  Suppositions/presumptions ≠ ep
 “Sufficient time” – reasonable  Animosities, grudgest, or hostile
opportunity to ponder and reflect posturing ≠ ep
upon the consequences  An expression of hatred does
 Manalinde ruling – premeditation not necessarily imply a
may exist even if there was no resolution to commit a crime
predetermined victim (PvsAbadies)
 Ep not inherent in robbery w/
homi
 Fraud is inherent in estafa
 Wardrobe malfunction
= disguise
= aggravating
 Treachery absorbs cfd
 Deliberate intent required Band vs Superior Strength
 Alternate attack ≠ aggravating  More than 3  Offenders
 Parricide ≠ superior strength armed took
 Superior strength is inherent in malefactor advantage of
rape regardless of their collective
 Treachery absorbs superior strength strength
strength and means to weaken  Indispensable  Indispensable
the defense components: components:
 Means employed to weaken the at least four relative
defense should be specifically malefactors, physical might
alleged in the information all are armed not the
number nor
armed/not

(16) Treachery (alevosia)
Nature: qualifying,
specific (because it applies only to
crimes against persons)
Basis:
Essence: the attack is deliberate
and without warning for the victim
to resist or escape
(17) Ignominy
Nature: qualifying
Basis: means employed
Effect: the crime becomes more
humiliating or to put the op to
shame
 Treachery – when the offender
commits any of the crimes
against person, employing
means, methods, or forms in the
execution thereof which ten
directly and specially to insure its
execution, without risk to himself
arising from the defense which
the op might make
Requisites
1. Op was not in a position to
defend himself (ie. unarmed)
2. Means, method, or form of the
attack was consciously adopted
Tests in Treachery
1. Sudden and expected attack?
2. Op given a chance for defense?
Means, deliberate and consciously
adopted? [most impt]
Rules Regarding Treachery
1. Applicable only to crimes
against persons
2. Means, methods, forms need
not insure accomplishment of
crime; only to insure execution
3. Mode of attack must be
consciously adopted
 Ignominy – circumstance
pertaining to the moral order,
which adds disgrace and
obloquy to the material injury
caused by the crime
 Ignominy must be alleged in the
information
 Incompatible with negligence or
carelessness, p/o, sp, and spurs
of the moment ∴ deliberate
intent required
 Can co-exist with voluntary
confession, surrender,
vindication
 Cannot be offset by ordinary or
privileged mitigating circ
 Treachery absorbs14(1-8,11-15)
14(13) is absorbed in murder
14(14,15) absorbed in rape
 Warned before being attacked ≠
 Attacked while sleeping =
 Attacked while just waking up =
 Child of tender years = treachery
 Location of the wound,
Agreement to fight = just a
presumption of treachery
 Sudden attack + no intention =
no treachery
 Applicable to crimes against
Chastity
Less serious phy injuries
Light/grave coercion
Murder
 Victim was already dead ≠
 Crime committed in a public
place, many persons ≠
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 Treachery must be proved by
clear and convincing evidence
 Treachery is never presumed
 Treachery must be present at
the inception of the attack. If
absent and the attack is
continuous, treachery, even if
present at a subsequent stage,
is not to be considered, unless, it
is present at the beginning of the
attack
 Treachery must be alleged in the
information
 Conspiracy = treachery is
considered against all accused
 Rape, wanton robbery for
personal gain, and other forms
of cruelties are condemned and
the perpetration of these will be
regarded as aggravating
circumstances of ignominy and
of deliberately augmenting
unnecessary wrongs to the
criminal objective
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(18) Unlawful entry (ue)  Unlawful entry – when an  Unlawful entry must be used as  Ue is inherent in the ff:
Nature: generic entrance is effected by a way not a means of entrance and not for Violation of domicile
Basis: means and ways employed; intended for the purpose escape Evasion of service of sentence
greater perversity displayed by the  Unlawful entrance must be  Breaking a wall = ue Trespass to dwelling
accused who defies protective alleged in the information Robbery in an
covers set up by man for his inhabited/uninhabited place
personal safety and privacy

(19) Breaking wall Requisites  Breaking wall is inherent in

Nature: generic
Basis: means and ways employed
(20) Aid of person under fifteen of
age, or by means of motor
vehicles, airships, or other similar
means
Nature: generic; qualifying – use
of motor vehicles
Basis: greater criminal perversity
on the part of the offender as to
the means to means to facilitate
the commission of the crime
(21) Cruelty (ensanamiento)
Nature: qualifying
Basis: ways employed
1. Wall, roof, floor, door, or
window be broken
2. To effect entrance only
3. Should be as a means to
commit the crime
Requisites (motor vehicle)
1. Deliberately seek for the use of
the vehicle
2. Motor vehicle must be the
means used to commit the
crime
 Cruelty – when the culprit enjoys
and delights in making his victim
suffer slowly, gradually, causing
him unnecessary physical pain
in the consummation of the
criminal act
robbery with force upon things
 Distinction bet. (18) and (19):
Unlawful entry exists only when
entrance into a bldg. is made a
way not for the purpose of entry
 Involves taking advantage of the
child’s immaturity or innocence
 Use of motor vehicle is inherent
in the crime of carnapping
Requisites
1. Injury caused be deliberately
increased by causing another
wrong
2. Other wrong be unnecessary
for the execution of the purpose
of the offender
Test of Cruelty
1. Whether the offender
deliberately and sadistically
augmented the wrong by
causing another wrong
2. Whether the offender enjoyed
and delighted in making the op
suffer
 Motorized bikes = mv
 Motorized bike, motor not used ≠
 Number of wounds is not the test
to determine cruelty
 Cruelty cannot be presumed
 No cruelty if offender is under
the effect of drugs that
diminished his mental capacity
 No cruelty if intention was not to
make the victim suffer but to
conceal the corpus delicti
 No cruelty if the acts were
committed after the victim died
 Ignominy = moral suffering
Cruelty = physical suffering

(Article 248, RPC) Outraging or
scoffing at the person of the victim
or his corpse
(RA 9165) Under the influence of
drugs
Use of an unlicensed firearm
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Nature: qualifying  Outrage – to subject to gross  Scoffing must be alleged in the
Effect: elevates the killing from insult information
homicide to murder  Scoff – to show contempt by  Scoffing may be deducible from
derisive acts or language the information tho not alleged
 Scoffing ≠ no proof that act was
to insult the op
 Scoffing ≠ speculation
Nature: qualifying
Effect: homicide to murder even in
the absence of treachery
Nature: special
Effect: increase the penalty to the
maximum; no separate
prosecution