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Article 14 Flashcards

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1
Q

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

A

Aggravating circumstances

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2
Q

Four kinds of aggravating circumstances

A
  1. Generic: generally apply to all crimes
  2. Specific: specifically apply to particular crimes
  3. Qualifying: changes the nature of the crime
  4. Inherent: necessity accompany the crime
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3
Q

Examples of qualifying aggravating circumstances

A

Alevosia, treachery, also Article 248 (homicide to murder)

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4
Q

Examples of inherent aggravating circumstances

A

Evident premeditation in robbery, theft, estafa, adultery, and concubinage

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5
Q

T/F. Failure to allege aggravating circumstances of all kinds shall not be a basis for the Court to appreciate them even if the prosecution can prove their existence without objection from the Defense

A

True. Amended by provisions of the 2000 Rules on Criminal Procedure

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6
Q

That advantage be taken by the offender of his public position

A

Article 14, paragraph 1

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7
Q

Article 14, paragraph 1 is immaterial when:

A

The aggravating element is integral or inherent to the crime. E.g., malverasation (Art. 217), falsification of public documents committed by public officers (Art. 171)

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8
Q

Article 14, paragraph 1 is material when:

A
  1. The accused abused his office in order to commit a crime
  2. The accused failed in his duties
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9
Q

That the crime be committed in contempt of or with insult to the public authorities

A

Article 14, paragraph 2

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10
Q

Four requisites art Article 14, paragraph 2:

A
  1. The public authority is ENGAGED in the discharge of his duties
  2. The public authority is NOT the person the crime was committed against
  3. Offender KNOWS the identity of the public authority
  4. Presence did not PREVENT offender from committing the crime
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11
Q

Effect to nature of the crime when it is the public authority who is the person the crime was committed against

A

Direct assault

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12
Q

That the act be committed with INSULT or in disregard of the respect due to the offended party on account of his RANK, AGE, or SEX or to be committed in the DWELLING of the offended party, if the latter has not given provocation

A

Article 14, paragraph 3

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13
Q

T/F. Article 14, paragraph 3 is only applicable to crimes against property

A

False. Only applicable to crimes against honor and against persons

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14
Q

T/F. It is essential in Article 14, paragraph 3 the showing of deliberate intent to offend or insult the rank, age, or sex of the offended party.

A

True.

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15
Q

Exceptions to the sex portion of Article 14, paragraph 3

A
  1. Offender acted with passion and obfuscation
  2. Existing relationship between offender and offended
  3. Being a woman is indispensable in the commission of the crime.
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16
Q

A building exclusively used for rest and comfort. Domicile.

A

Dwelling

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17
Q

Condition sine qua non to invoke the dwelling part of Article 14, paragraph 3

A

That the offended party has NOT given provocation

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18
Q

T/F. It is NOT necessary that the accused should have entered the dwelling of the victim to commit the offense. It is enough that the victim be attacked in his own house. E.g., victim assassinated inside the house by the use of a sniper rifle, while accused was away from home.

A

True. See People v. Ompaid.

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19
Q

T/F. It is NOT necessary for the killing to take place inside of the house provided that the commission of the crime BEGUN in the house

A

True. See US v. Lastimosa.

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20
Q

T/F. Dwelling is NOT aggravating if the victim was CALLED AWAY from his house and murdered in the vicinity.

A

True. See US v. Ramos.

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21
Q

Four other instances dwelling is NOT aggravating

A
  1. If the parties occupy the same house
  2. Robbery with force and trespass to dwelling (since it is inherent)
  3. Provocation on the part of the owner of the dwelling
  4. When the dwelling is NOT owned by the victim.
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22
Q

Four exception to the fourth instance where dwelling is NOT aggravating

A
  1. Bedspacer
  2. Guests raped while in the house of another
  3. Temporary dwelling
  4. Guests shot while sleeping in the house of another
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23
Q

Why is dwelling aggravating?

A

“He who goes to another’s house to hurt him or do him wrong is more guilty than he who offends him elsewhere” People v. Ireneo Jugueta

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24
Q

That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness

A

Article 13, paragraph 4

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25
Party has trusted the offender who later abuses such trust by committing a crime
Abuse of confidence
26
Three requisites for abuse of confidence
1. Offended party trusted the offender 2. Offender abused such trust by committing a crime 3. That the abuse is facilitated in the commission of the crime
27
When abuse of confidence is NOT material:
1. Technical malversation (Art. 217) 2. Qualified theft (Art. 310) 3. Estafa (Art. 315) 4. Qualified seduction (Art. 337)
28
Requisite of obvious ungratefulness
Should be obvious
29
That the crime be committed in the palace of the chief executive, or in his presence, or where the public authorities are engaged in the discharge of their duties or in a place of dedicated worship.
Article 14, paragraph 5
30
Three distinctions between Article 14, paragraph 2 and Article 14, paragraph 5
1. Public authority MAYBE the offended party 2. Public authority must be INSIDE his office 3. Chief Executive need NOT
31
T/F. Offense committed in a place of worship MUST HAVE intention when he entered the place.
True. See People v. Jaugrigue, supra
32
That the crime be committed (1) in the nighttime or (2) in an unhabitable place, or (3) by band whenever such circumstances may facilitate the commission of the offense
Article 14, paragraph 6
33
That period of darkness beginning from dusk to dawn. Sunset to sunrise.
Nighttime
34
T/F. Nighttime only becomes aggravating if the accused actively seeks for the cover of the night
True.
35
T/F. Nighttime is not aggravating when the crime was committed at daytime and ended at nighttime.
True.
36
One where no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from one another
Uninhabited place. E.g., the open sea is an uninhabited place (People v. Nulla)
37
T/F. Uninhabited place only becomes aggravating if the accused actively seeks for it for the reason that it aids him to either (1) have an easy and uninterrupted accomplishment of the crime, (2) conceal the offense
True.
38
Whenever more than three armed malefactors have acted together in the commission of an offense.
Band
39
When is a band not aggravating
Inherent in brigandage (Art. 306)
40
That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfotune.
Article 14, paragraph 7
41
That the crime be committed with the aid of armed men or persons who insure or afford impunity
Article 14, paragraph 8
42
That the accused is a recidivist
Article 14, paragraph 9
43
One who shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC
Recidivist
44
Rationale behind why recidivism is aggravating:
Offender specializing on such kinds of crimes
45
T/F. Recidivism does NOT prescribe.
True. Even if more than 10 years from the commission of the crime.
46
Four requisites of recidivism
1. On trial for an offense 2. Previously convicted by final judgment of another crime 3. First and second crimes are embraced in the same title of the RPC 4. Offender convicted of the new offense
47
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
Article 14, paragraph 10
48
Three requisites of Article 14, paragraph 10
1. Offender is on trial for an offense 2. Previously served for another offense with equal or greater penalty or for two or more crimes to which it attached a lighter penalty that that for the new offense 3. Convicted of a new offense
49
What does paragraph 10 punish?
Reiteracion or habituality
50
Difference between four fours of repetition
HD: 1. Third time being guilty or oftener 2. Serious, less serious physical injuries, robbery, theft, estafa, falsification 3. 10 years prescription Recidivism: 1. Prior conviction 2. New and old offense embraced in the same title of the RPC 3. Generic aggravating circumstance 4. Imprescriptable Reiteracion: 1. Served one or more previous punishments 2. Previous offense attached equal or greater punishment 3. At least three convictions if light felonies Quasi-recidivism: 1. One prior conviction 2. Convicted for any [new] offense 3. Special aggravating circumstance 4. 2nd felony must be committed after conviction by final judgment of the first, before sentence begins
51
That the crime be committed in consideration of a price, reward, or promise
Article 14, paragraph 11
52
T/F. Article 14, paragraph 11 is immaterial if reward was incidental to the commission of the crime
True.
53
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
Article 14, paragraph 12
54
That the act be committed with the evident premediation
Article 14, paragraph 13
55
Three requisites for Article 14, paragraph 13
1. Time determined to commit the crime 2. Act indicating that the accused clung to his determination (sine qua non) a. Carefully planned b. Previously prepared the means c. Made preliminary efforts 3. Sufficient lapse of time between determination and execution
56
That craft, fraud or disguise be employed
Article 14, paragraph 14
57
Involved intellectual trickery and cunning on the part of the accused
Craft
58
Insidious words or machinations are used to induce the victim to act in a manner that would enable the offender to carry out his criminal design
Fraud
59
Resorting to any device to conceal one's indentity
Disguise
60
That advantage be taken of superior strength, or means be employed to weaken the defense
Article 14, paragraph 15
61
That the act be committed with treachery.
Article 14, paragraph 16
62
The offender commits any of the crimes against the person, employ means which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offender party might make.
Treachery
63
Three rules for treachery
1. Applicable to crimes against persons 2. Means need NOT insure the accomplishment just minimizing risk 3. The mode of attack must be consciously adopted.
64
T/F. Treachery cannot be presumed
True. Cannot be inferred from intent to kill or suddenness of the attack. Except adults killing a kid. People v. Umawid.
65
Examples of treachery
1. Victim asleep 2. Victim half-awake 3. Victim grappling or being held 4. Attacked from back with firearm, bladed weapon, other modes
66
Two requisites if treachery
1. At the time of the attack, the victim was not in a position to defend himself 2. Consciously and deliberately adopted the particular means, method or form of attack employed by him.
67
That means be employed or circumstances brough about which add ignominy to the natural effects of the act
Article 14, paragraph 17
68
Circumstance pertaining to moral order, which adds disgrace and obloquy to the material injury caused by the crime. Humiliating effects
Ignominy
69
Difference between cruelty and ignominy
Ignominy pertains to shock in moral conscience and moral effects of the crime Cruelty relates to physical aspect of the felony, physical effects of the victim
70
That the crime be committed after an unlawful entry
Article 14, paragraph 18
71
That as a means to the commission of a crime, a wall, roof, floor, or door is broken
Article 14, paragraph 19
72
That the crime be committed (1) with the aid of persons under fifteen years of age, or (2) by means of motor vehicle, airships, or other similar means
Article 14, paragraph 20
73
That the wrong done in commission of the crime be deliberately augmented by causing other wrong not necessary for its commission
Article 14, paragraph 21

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