AGGRAVATING CIRCUMSTANCES

 AGGRAVATING CIRCUMSTANCES – are 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 (REYES, Book One, supra at 341 – 342)

 Aggravating circumstances are based on the greater perversity of the offender

manifested in the commission of the felony as shown by:
a. Motivating power itself
b. Place of commission
c. Means and ways employed
d. Time
e. Personal circumstances of the offender or of the offended party
(REYES, Book One, supra at 342)

 KINDS OF AGGRAVATING CIRCUMSTANCES

a. Generic – apply to all crime
b. Specific – apply only to a particular crime
c. Qualifying – change the nature of the crime
d. Inherent – must of necessity accompany the commission of the crime
e. Special – increase the penalty of the offense and cannot be offset by mitigating
circumstance

AGGRAVATING CIRCUMSTANCES UNDER THE REVISED PENAL CODE

a. The advantage be taken by the offender of his public position
b. That the crime be committed in contempt or with insult to the public authorities
c. 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 is be committed in dwelling of the offended
party, if the latter has not given provocation
d. That the act be committed with abuse of confidence or obvious ungratefulness
e. 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
f. That the crime committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstance may facilitate the commission of the offense
Note: whenever more than three armed men malefactors shall have acted together in
the commission of an offense, it shall be deemed to have been committed by a van
g. That the crime committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamities or misfortune
h. That the crime be committed with the aid of armed men or persons who insure or afford
impunity
i. That the accused is a recidivist (one who at the time of his trial for one crime, shall have
been previously convicted by the final judgement of another crime embraced in the
same title of this code)
j. 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
k. That the crime committed in consideration of price, reward, or promise
l. That the crime be committed by means of inundation, fire, poison, explosion, stranding
of a vessel or international damage thereto, derailment of locomotive, or by the use of
any other artifice involving great waste and ruin
m. That the act be committed with evident premeditation
n. That the craft, fraud, or disguise be employed
o. That advantage be taken of superior strength or means be employed to weaken the
defense
p. That the act be committed with treachery (the offender commits any of the crimes
against 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)
q. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act
r. That the crime be committed after an unlawful entry (when the entrance of a wall, roof,
floor, door or window be broken)
s. That the crime be committed with the aid of persons under 15 years old or by means of
motor vehicles, motorized water crafts, airships or other similar means
t. That the wrong done in the commission of crime be deliberately augmented by causing
other wrong not necessary for its commissions

A. GENERIC AGGRAVATING CIRCUMSTANCES -

1. Place where the crime is committed

- It is based on the greater perversity of the offender as shown by the place of
the commission of the crime, which must be respected (REYES, Book One,
supra at 375).

2. Unlawful entry
- There is unlawful entry when an entrance is effected by a way not intended
for the purpose
- One who acts, not respecting the walls erected by men to guard their
property and provide for their personal safety, shows a greater perversity, a
greater audacity; hence, the law punishes him with more severity

3. Nighttime, uninhabited place or band

 NIGHTTIME or OBSCURIDAD – period of darkness beginning at the end of dusk and
ending at dawn.
UNINHABITED PLACE or DESPOBLADO – one where there are no houses at all. A place
at a considerable distance from town , or where the houses are scattered at a great
distance from each other
Crime is deemed committed by a BAND or EN CUADRILLA whenever more than 3 armed
malefactors shall have acted together in the commission of an offense
- They are based on the time and place of the commission of the crime and
means and ways employed (REYES, Book One, supra at 377)
- INSTANCES when it is considered aggravating circumstance
o When it facilitated the commission of the crime
o When especially sought for by the offender to insure the commission
of the crime of for the purpose of impunity
o When the offender took advantage thereof for the purpose of
impunity

4. Contempt or insult of public authority (basis: lack of respect to public authority)

- Requisites:
 That the public authority is engaged in the exercise of his functions
 That the public authority is not the person against whom the crime is
committed
 The offender knows him to be a public authority
 His presence has not prevented the offender from committing the
criminal act
 Lack of knowledge of the offender that a public authority is present indicates lack of
intention to insult the public authority.

5. Habituality or Reiteration
- REQUISITES:
 That the accused is on trial for an offense
 That he previously served sentence for another offense which
the law attaches an equal or greater penalty or for 2 or more
crimes to which it attaches a lighter penalty that that for the
new offense
 That he is convicted of the new offense

6. Advantage taken of public position

- It is required that the public officer must use the influence, prestige or
ascendancy which his office gives him as the means by which he realizes his
purpose. The essence of the matter is presented in the inquiry “did the
accused abuse his office in order to commit the crime?”.

7. Recidivism
 RECIDIVIST – one who, at the time of his trial for one crime shall have been previously
convicted by final judgement of another crime.
- REQUISITES:
 That the offender is on trial for an offense
 That he was previously convicted by final judgement of
another crime
 That both the first and second offenses are embraced in the
same title of the code
 That the offender is convicted of the new offense

8. Crime committed in the dwelling of the offended party

- The abuse of confidence in which the offended party reposed in the offender
by opening the door to him
- The violation of the sanctity of the home by trespassing therein with violence
or against the will of the owner
 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 was
attacked inside his own house.
o DWELLING – building or structure, exclusively used for rest and comfort (REYES,
Book One, supra at 363). Interior entrance connected to the house is considered
part of the whole dwelling. (REYES, Book One, supra at 715)
o RULE ON ADULTERY ON RELATION TO AGGRAVATING CIRCUMSTANCE OF
DWELLING: when adultery is committed in the dwelling of the husband, even if it
is also the dwelling of unfaithful wife, it is aggravating because, aside from the
latter’s breach of the fidelity she owes he husband, she and her paramour
violated the respect due to the conjugal home and they both thereby injured and
committed a very grave offense against the head of the house.

9. Craft, fraud, or disguise

CRAFT or ASTUCIA – involves the use of intellectual trickery or cunning on the part of
the accused to aid in the execution of his criminal design
FRAUD or FRAUDE – the employment of insidious words or machinations to induce the
victim to act in a manner which would enable the offender to carry out his design
DISGUISE or DISFRAZ – involves resorting any device to conceal identity

10. Abuse of confidence or obvious ungratefulness

a. ABUSE OF CONFIDENCE
- The accused takes advantage of the trust and confidence reposed upon him
by the offended party in order to facilitate the commission of the crime
- REQUISITES:
 That the offended party had trusted the offender
 That the offender abused such trust by committing a crime
against the offended party
 That the abuse of confidence facilitated the commission of the
crime
o The confidence between the parties must be immediate and personal
as would give the accused some advantage or make it easier for him
to commit the criminal act.
- CRIMES where ABUSE OF CONFIDENCE is inherent
 Malversation
 Qualified theft
 Estafa by conversion or misappropriation
 Qualified seduction

b. OBVIOUS UNGRATEFULNESS

- REQUISITES
 That the offended party had trusted the offender
 That the offender abused such trust by committing a crime
against the offended party
 That the act be committed with obvious ungratefulness

11. Breaking of parts of the house

- To be considered as aggravating, the breaking must be utilized as a means to
the commission of the crime. However, it is not necessary that the offender
should have entered the building. What aggravates the liability of the
offender is the breaking of a part of a building

12. Use of persons under age 15 years old

- The law tends to inhibit the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their
irresponsibility.

B. SPECIFIC AGGRAVATING CIRCUMSTANCES

1. Disregard of rank, age, or sex due to the offended party in crimes against persons and
honor
RANK – designation or title of distinction used to fix the relative position of the offended
party in reference to others
AGE – refer to old age or the tender age of the victim
SEX – refers to the female sex, not to the male sex
INSTANCES WHEN AGGRAVATING CIRCUMSTANCES CANNOT BE CONSIDERED:
a. When the offender acted with passion and obfuscation
b. When there is an existing relationship between the offended party and the offender
c. When the condition of being a woman is indispensable in the commission of the
crime
2. Abuse of superior strength or means be employed to weaken the defense
Abuse of superior strength - Deliberately using excessive force that is out of proportion
to the means for self-defense available to the person attacked
Means be employed to weaken the defense – the offender employs means that
materially weakens the resisting power of the offended party

3. Treachery in crimes against person

TREACHERY – present when the offender commits any of the crimes against person,
employing means, methods or forms in the execution, without risking to himself arising
from the defense which the offended party might take
- The essence of treachery is the SUDDEN and UNEXPLAINED attack by an
aggressor without the slightest provocation on the part of the victim,
depriving the latter of any real chance to defend himself, thereby ensuring its
commission without risk to the aggressor.
- REQUISITES:
 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.

4. Ignominy in crimes against chastity

IGNOMINY – a circumstance pertaining to the moral order, which adds disgrace to the
material injury caused by the crime
- It is inherent in libel and acts of lasciviousness
- Involves MORAL SUFFERING

5. Cruelty in crimes against person

- There is cruelty when the culprit enjoys and delights in making his victim
suffer slowly and gradually, causing unnecessary PHYSICAL pain in the
consummation of criminal act
- REQUISITES:
 That the injury caused be deliberately increased by causing
other wrong
 That the other wrong be unnecessary for the execution of the
purpose of the offender

6. Use of unlicensed firearm in the murder or homicide committing therewith

C. QUALIFYING AGGRAVATING CIRCUMSTANCES

1. Treachery or evident premeditation qualifies the killing of a person to murder
2. Art 248 of the Revised Penal Code enumerates the qualifying aggravating circumstances
which qualify the killing of a person to murder, to wit:
a. Treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense, or of means or persons to insure or afford
- REQUISITES FOR THE AID OF ARMED MEN TO BE AGGRAVATING
 That armed men or persons took part in the commission of
the crime, directly or indirectly (at least two armed men)
 That the accused availed himself of their aid or relied upon
them when the crime was committed.

b. In consideration of a price, reward or promise

- Based on the greater perversity of the offender, as shown by the motivating
power itself (REYES, Book One, supra at 399)
- To consider this circumstance, the price, reward or promise must be the
primary reason or primordial motive for the commission of the crime

c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,

derailment or assault upon a railroad, fall of an airship, by means of motor vehicles,
or with the use of any other means involving great waste and ruin
- Based on the means and ways employed (REYES, Book One, supra at 401)

d. On occasion of any of the calamities enumerated in the preceding paragraph, or of

an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other
public calamity
- In the midst of a great calamity, the offender, instead of lending aid to the
afflicted, adds to their suffering by taking advantage of their misfortune to
despoil them (U.S. vs Rodriguez, G.R. No. 6344, March 21, 1911)

e. With evident premeditation

- It has reference to the ways of committing the crime because evident
premeditation implies a deliberate planning of the act before executing it
- The execution of the act is preceded by cool thought and reflection upon the
resolution to carry out the criminal intent within a space of time sufficient to
arrive at a calm judgement
- REQUISITES:
 The time when the offender determined to commit the crime
 An act manifestly indicating that the culprit has clung to his
determination
 The date and time when the crime was committed, to
compute the lapse of time
 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 of overcome the resolution
of his will.
 f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim
or outraging or scoffing at his person or corpse

D. INHERENT AGGRAVATING CIRCUMSTANCES

1. Ignominy of rape
2. Fraud in estafa
3. Breaking of wall or unlawful entry into a house in robbery with the use of force upon
things
4. Evident premeditation in robbery, theft, estafa, adultery and concubinage
5. Deceit in simple seduction

E. SPECIAL AGGRAVATING CIRCUMSTANCES

1. Complex crimes
2. Use of unlicensed firearm in homicide or murder
3. Taking advantage of public position and membership in an organized/syndicated
crime group
4. Error in personae
5. Quasi-recidivism

GENERAL RULES GOVERNING AGGRAVATING CIRUMSTANCE

1. Aggravating circumstances shall not be appreciated if:
a. They constitute a crime specially punishable by law; or
b. They are included in the law in defining a crime and prescribing a penalty
2. The same rule shall apply with respect to any aggravating circumstance inherent in the
crime to such a degree that it must of necessity accompany the commission thereof
3. Aggravating circumstances which arise:
a. From the moral attributes of the offender
b. From his private relations with the offended party
c. From any personal cause, shall only serve to aggravate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant even if
there was conspiracy
d. The circumstance which consist:
i. In the material execution of the act
ii. In the means employed to accomplish it, shall serve to aggravate the
liability of those persons only who had knowledge of them at the time
of the execution of the act or their cooperation therein. NOTE: An
exception is when there is proof of conspiracy in which case the act of
one deemed to be the act of all, regardless of lack of knowledge of
the facts constituting the circumstance
4. Aggravating circumstances, regardless of its kind, should be specifically alleged in the
information and proved as fully as the crime itself in order to increase the penalty. Such
circumstances are not presumed.
5. When there is more than one qualifying aggravating circumstance present, one of them
will be appreciated as qualifying aggravating while the others will be considered as
generic aggravating.