Art.14 Aggravating Circumstances

Question 1

What is ARTICLE 14 of the Revised Penal Code?

Answer 1

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 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 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 person who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of the 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 ^{(<strong>alevosia</strong>)}.

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 unlawful entry when an entrance is affected 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.

Question 2

What is AGGRAVATING CIRCUMSTANCES?

Answer 2

AGGRAVATING CIRCUMSTANCES - if attendant, serves to increase the penalty.

• Without exceeding maximum penalty provided by law for that offense
• Based on the greater perversity of offender
• Manifested in the felony as shown by:

1. Motivating power
2. The place of commission
3. Means and ways employed
4. The time
5. Personal circumstances of offender or offended party

Question 3

How many KINDS of AGGRAVATING CIRCUMSTANCES are there?

enumerate.

Answer 3

4 KINDS OF AGGRAVATING CIRCUMSTANCES

1. GENERIC

Generally applies to all crimes

• Dwelling, Nighttime, Recidivism
• 1-20, ^{(except motor vehicles)}

2. SPECIFIC

Only to particular crimes.

• Ignominy against chastity
• Cruelty/Treachery against persons
• 14, except dwelling
• 15, 16, 17, 21

3. QUALIFYING

Change nature of crime.

• Treachery + premeditation
• Article 248

4. INHERENT

Must accompany the crime.

• Premeditation is inherent in robbery, theft and cannot further aggravate

Question 4

What is the DIFFERENCE between QUALIFYING and GENERIC circumstances?

Answer 4

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Generic circumstances can be proved over the objection of the defense or during the trial even if not alleged. ^{Treachery is only generic if not alleged.}

Question 5

When does the PENALTY for AGGRAVATING CIRCUMSTANCES NOT INCREASE?

Answer 5

Aggravating circumstances do not increase penalty if:

1. Circumstances constitute a crime specially punishable by law WHICH already prescribe a specific penalty.

Those INHERENT or necessary for a crime.

2. Circumstances which arise from:

• Moral attributes of offender
• Private relations with offended
• Any other personal cause
• Shall aggravate the liability of principals, accomplices, and accessories
• Those which consist in:
• Material execution
• Means employed to accomplish

-Shall serve to aggravate the liability of persons who had knowledge of them at the time of the act’s execution.

Question 6

What is the basis for ADVANTAGE OF PUBLIC POSITION?

Answer 6

ADVANTAGE OF PUBLIC POSITION.

Based on the greater perversity of the offender based on his personal circumstances.

• Only applies to public officers who uses influence, prestige, or ascendancy of his office.
• Must prove that there was explicit use of the influence to gain an advantage

^{Wearing a uniform is immaterial}

• Failure in official duties = abuse of office.

Question 7

U.S. v. TORRIDA

FACTS:

Accused ordered deaths of all large animals to be reported to him as councilman.

Owners of the animals were induced to pay fines to him and which he accepted.

Is the aggravating circumstance of: (1) Advantage be taken by the offender of his public position, present?

Answer 7

HELD:

YES.

If he was not councilman, he could not have induced them to pay fines.

Clearly he took advantage of his public position. It is AGGRAVATING.

Question 8

U.S. v. DACUYCUY

FACTS:

39 people requested the councilor to purchase cedulas for them.

He bought only 16 and kept the rest of the money for himself.

Is the aggravating circumstance of: (1) Advantage be taken by the offender of his public position, present?

Answer 8

HELD:

NO.

The crime committed was a common crime which had no relation to his influence as councilor.

He must be punished as private individual W/O aggravation.

• If you could have committed the crime w/o occupying the public position, then it is NOT aggravating

Question 9

What are the requisites of the aggravating circumstance of:

(2) That the Crime be commited IN CONEMPT OF PUBLIC AUTHORITIES. ?

Answer 9

Requisites:

1. Public authority engaged in exercise of functions
2. the one engaged is not the offended party.
3. Offender knows he is an authority.
4. Presence does not prevent offender from committing the crime

^{<strong>Bare example:</strong> A and B quarrel. The mayor attempts to separate them but they continue until A shoots B. A commits homicide <u>“in contempt of public authority."</u>}

Question 10

What is a person who has PUBLIC AUTHORITY?

Answer 10

Public Authority:

One who is vested with jurisdiction w/ power to govern and execute laws.

• Not applicable to agents of public authority = those charged by appointment.
• Should not be committed against him.

Question 11

Is knowing that the PUBLIC AUTHORITY is present essential for the aggravating circumstance #2 to be present?

Answer 11

YES!

Knowledge that public authority is present is essential.

• Lack of knowledge on part of the offender indicates lack of intention to insult the authority.
• Offense was still committed even if knowledge was made known to him.

Question 12

What are the circumstances involved in:

3. That the act be committed with insult or 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.

How many circumstances are there?

Enumerate.

Answer 12

2 Circumstances involved:

1 - With insult or in disregard of respect due to offended party on account of his:

• Rank
• Age
• Sex

2 - Committed in the dwelling of offended WITHOUT sufficient provocation.

If all are present, must be treated as ONE circumstance

Based on the perversity of offender as shown by personal circumstances of offended party

Question 13

When are the circumstances of RANK, AGE and SEX taken into account?

Answer 13

Circumstance of rank, age, sex taken into account only in crimes against PERSONS/HONOR.

Therefore,

Robbery (crime against property) against President = against person; the property is not elevated by the owner’s rank.

Question 14

What must be EVIDENT for one to be able to invoke the 3rd Aggravating Circumstance:

(3) That the act be committed with insult or 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. ?

Answer 14

DELIBERATE INTENT.

There must be evidence of DELIBERATE INTENT to offend or insult the Rank, Sex or Age of the offended party.

• RANK – high social position or standing; must be difference in social condition of offender and offended party

^{Ex: Student killing teacher, Private Citizen killing public authority}

• AGE – applies to those who kill an older person because they’re weaker
• SEX – female sex, NOT male

^{Ex: Compels women to go to his house against her will, direct assault upon lady teacher.}

Question 15

When is the 3rd circumstance NOT APPLICABLE?

Answer 15

Not applicable in these cases:

1. Offender acted with passion and obfuscation
2. There is a relationship between offended/offender
3. Condition of being a woman is indispensable in the commission of the crime.

Question 16

When is the DISREGARD OF RESPECT of sex as a circumstance ABSORBED?

Answer 16

Disregard of sex is absorbed in treachery(16).

(EXCEPTION?)

BUT in (People V. Lapaz) No disregard of sex and age not absorbed. BECAUSE: Treachery refers to manner of commission. While age and sex pertains to relationship of the victim.

Question 17

What is a DWELLING?

What is the BASIS for the aggravating circumstance (3)”..or that it be committed in the dwelling of the offended party.”?

Answer 17

DWELLING:

• Structure exclusively for rest and comfort.

BASIS:

• Based on perversity of offender in place of commission.
• Sanctity of privacy is violated.

Question 18

Why is it considered an AGGRAVATING CIRCUMSTANCE?

Answer 18

What aggravates the commission of the crime:

1. Abuse of confidence by opening door for him
2. Violation of the sanctity of home by trespassing with violence or against the will of owner.

Question 19

Can the OFFENDED PARTY be the one who gives the provocation and still be considered as an aggravating circumstance?

Answer 19

NO.

Offended party must not be the one who gives the provocation.

If:

1. it is given by owner of dwelling
2. provocation is Sufficient
3. Immediate to the commission of the crime

If all present = NOT aggravating.

If one is missing = AGGRAVATING.

Question 20

What is the condition(s) that needs to be met for the 3rd circumstance, particularly, ”..or that it be committed in the dwelling of the offended party, if the latter has not given provocation.” be considered as an aggavating circumstance?

Answer 20

There must be a close relation between the provocation and commission of crime in the dwelling of person from whom the provocation came

1. The provocation must have been committed in the same dwelling.
2. Prosecution must prove that no provocation was given by offended party.

Question 21

When is it STILL CONSIDERED as an aggravating circumstance?

Answer 21

Still considered aggravating if:

• Triggerman fired shot from outside
• Commission began in the dwelling AND killing happened outside the dwelling
• Illegal detention/abduction

Question 22

What other areas does the DWELLING include?

Answer 22

Dwelling includes:

• dependencies,
• foot of staircase, and;
• enclosure under the house

It is not aggravating when:

• Called down from house
• About to step on the first step

Question 23

It is NOT applicable to the 3rd aggravating circumstance when..

ENUMERATE. at least 5.

Answer 23

NOT AGGRAVATING when:

• Offender and offended live in the same house.
• Robbery committed by use of force upon things.
• Aggravating when committed in violence against persons (dwelling not inherent).
• Trespassing.
• Gave sufficient and immediate provocation.
• Dwelling did not belong to offended party.
• Ground floor of two-story structure where the ground floor was a rental store.

Question 24

When is it still considered accpetable as the 3rd aggravating circumstance EVEN IF its not the actual home of the victims?

Answer 24

• Boarding house where she was bedspacer
• Raped in paternal home where they were guests
• In the house of her aunt
• While sleeping guests in the house

Dwelling different from DOMICILE. ;)

When one is a mere visitor, NOT counted

Question 25

Is ADULTERY applicable in the 3rd aggravating cirucumstance?

Answer 25

YES!

• Adultery is an aggravating because wife and paramour violated respect due to conjugal home
• Not aggravating if paramour also lives there
• Dwelling is NOT included in treachery.

Question 26

What is ABUSE OF CONFIDENCE?

Answer 26

Abuse of confidence

• offended has trusted the offender who later abuses such trust by committing crime
• Culprit takes advantage of offended’s belief and trust that culprit would not do him wrong

Question 27

What are the REQUISITES of ABUSE OF CONFIDENCE?

Answer 27

Requisites for abuse of confidence:

1. Offended party trusted the offender
2. Offender abused such trust by committing crime
3. Abuse of confidence facilitated the commission

^{Bare example: Jealous lover planned to kill his girl. Invited the girl to a roadtrip, the girl not knowing the plan. On the trip, lover kills girl. bam!}

Question 28

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COMPARE.

Answer 28

Relationship must be immediate and personal

• Relationship with elected official NOT considered
• Abuse of confidence is INHERENT in malversation and qualified theft – not agro

Question 29

Must UNGRATEFULNESS be obvious to be considered as an aggravating circumstance?

Answer 29

YES!

UNGRATFULNESS must be obvious and clear.

Accused killed father-in-law in whose house he lived and who partially supported him.

Question 30

What does paragraph 5 of Article 14 provide?

Answer 30

That the crime be committed in:

1. the palace of the Chief Executive, or;
2. in his presence, or;
3. where public authorities are engaged in the discharge of their duties or;
4. in a place dedicated to religious worship.

Question 31

What is the DIFFERENCE between Contempt and Discharge of Duties?

Answer 31

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Question 32

Is the LOCATION of the commission of the crime relevant to invoke the 5th aggravating circumstance, particularly concerning, the Chief Executive?

Answer 32

Place of the commission in such situations is aggravating regardless if there is an official or religious function.

• The Chief Executive need not be in Malacanang
• nor he need be engaged in duties

Requires only his presence for it to be considered as an aggravating circumstance.

Question 33

Are the conditions the same for PUBLIC AUTHORITIES? Mere presence is only required?

Answer 33

NO.

With public authorities, there must be some performance of public functions.

• Murder in another room of a court wherein the court had already adjourned is NOT aggravating
• Murder committed in electoral precinct IS SO
• Cemeteries are NOT place of religious worship.

Offender must have intention to commit crime when he entered the place

Question 34

PEOPLE v. JAURIGE

FACTS:

A entered chapel and sat beside B while there was a mass.

A slowly put his hand on B’s thigh, and B stabbed him to death.

Is this an aggravating circumstance?

Answer 34

HELD:

NOT aggravating because B had no intention to kill A in the chapel before – only did so in response to A’s touching of her thigh.

Question 35

What does Article 14, Par.5 of the Revised Penal Code provide?

Answer 35

That the crime be committed in:

• the nighttime or;
• in an uninhabited place, or;
• by a band.

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.

Question 36

What is the BASIS of the Aggravating Circumstance, ?

Answer 36

Based on the TIME and PLACE of the commission of the e and MEANS and WAYS employed.