CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY
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.
Basis: greater perversity of the
offender as shown by
1.
Motivating power itself
2.
Place of the commission
3.
Means and ways employed
4.
Time
5.
Personal circumstances
of the offended, or of the offended party
4
kinds of A.C.
1.
Generic - generally apply to all crimes.
Example - dwelling, nighttime, recidivism
Nos. 1,2,3,4,5,6,9,10,14,18,19 and 20 (except means of
motor vehicles)
2.
Specific - particular
crimes
Example - ignominy in crimes against chastity;
cruelty; treachery in crimes against persons
3.
Qualifying - change
the nature of the crime
Example - Alevosia, evident premeditation
qualifies the killing of a person to murder.
Art 248 enumerates the qualifying A.C. which qualify
the killing of person to murder.
4.
Inherent - must
of necessity accompany the commission of the crime (Art. 62, par. 2)
Example - evident premeditation is inherent in
robbery, theft, estafa, adultery, concubinage
Qualifying
A.C.
|
Generic A.C.
|
Not only
to give the crime its proper and exclusive name but also to place the author
thereof in such situation as to deserve no other penalty than that specially
prescribed by law for said crime
|
Not offset
by any mitigating circumstance, is to increase the penalty which should be
imposed upon the accused to the maximum period, but without exceeding the
limit prescribed by law
|
Cannot be
offset by a M.C.
|
May be
compensated by a M.C.
|
Must be
alleged in the information
An
integral part of the offense
|
Alleged in
the information,
but may be
proven during the trial over the objection of the defense and may be
appreciated in imposing the sentence.
|
A.C. which do not have the effect of increasing the
penalty.
1.
A.C.
a.Which
in themselves constitutes a crime especially punishable by law
Examples:
Art 14, par 12 - by means of xxx fir e, xxx explosion - arson (Art 321) or
crime involving destruction (Art 324).
It is not be considered to increase the penalty for
the crime of arson or for the crime involving destruction.
b.
Which are included by
the law in defining the crime and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing the penalty (Art. 62, par 1)
Examples:
Art 14, par 3 - committed in the dwelling of the
offended party
Art 14, par 18 - crime be committed after an unlawful
entry
Art 14, par 19 - means to the commission the wall,
roof, floor door or window be broken
They are included by Art 299 in defining robbery in an
inhabited house.
2.
The same rule apply with
respect to any A.C. inherent in the crime to such a degree that it must
be of necessity accompany the commission thereof (Art 62, par 2)
Examples:
Evident premeditation is inherent in theft, robbery,
estafa, adultery, concubinage
Taking advantage of public position is inherent in
crimes where the offenders, who are public officers, committed the crime in the
exercise of their functions, such as bribery, malversation, etc.
3.
A.C. which depend for
their application upon the knowledge of the offenders.
1.
In the material
execution of the act
2.
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.
Article 14. Aggravating circumstances. - The following
are aggravating circumstance:
1. That
advantage be taken by the offender of his public position.
Requisites
1.
When the offender is a
public officer.
2.
The public officer must use
the influence, prestige or ascendancy which his office gives him as the means
by which he realizes his purpose.
Note:
There must be proof that the accused took advantage of his public
position.
Failure in official duties
is tantamount to abusing of office.
2. That the
crime be committed in contempt of or with insult to the public authorities.
Requisites.
1.
That the public authority is
engaged in the exercise of his functions.
2.
That he who is thus engaged
in the exercise of said functions is not the person against whom the
crime is committed. (crime not against the public authority; if it is, the
offender commits direct assault)
3.
That the offender knows him
to be a public authority. (essential)
4.
His presence has not
prevented the offender from committing the criminal act.
"Public authority." A person in authority, is a public officer who is
directly vested with jurisdiction; that is, a public officer who has the power
the govern and execute the laws.
·
Councilor, mayor, governor,
brgy captain, brgy chairman, municipal mayor
·
Municipal health officer,
municipal nurse, BIR agent
·
Chief of police - vested
with jurisdiction or authority to maintain peace and order.
·
Teacher (CA No 578, amending
Art 152 of the RPC)
3. That the act
be committed (1) with insult or in disregard of the respect due the offended
party on account of his (a) rank, (b) age, or © sex, or (2) that it be
committed in the dwelling of the offended party, if the latter has not given
provocation.
Rules:
·
Circumstances considered as
1 A.C.
·
Crimes against persons or
honor.
·
Offender deliberately
intended to offend or insult to the R,A,S of the offended party.
"With insult or in disregard". It is
necessary to prove the specific fact or circumstance, other than that the
victim is a woman or an old man or one of high rank, showing insult or
disregard of sex or age or rank in order that it may be considered as
aggravating circumstance.
With insult or in disregard of the respect due to the
offended party on account -
1. Rank - there must
be a difference in the social condition of the offender and the offended party.
Rank. High social position or standing as a grade in the
armed forces; or to a graded official standing or social position or station;
in any scale of comparison, status, grade, including its grade, status, scale
of comparison within a position.
2. Age - old age or
tender age.
3. Sex - female sex
only
That the crime be committed in the dwelling of the
offended party.
Dwelling. Building or structure, exclusively used for rest and comfort.
Inclusion. Dependencies, the foot of the staircase, and enclosure under the house.
Offended party must not give provocation. A condition sine qua non.
Provocation must be:
1.
Given by the owner of the
dwelling;
2.
Sufficient, and
3.
Immediate to the commission
of the crime.
If all these conditions are
present, the offended party is deemed to have given provocation, and that the
crime committed in the dwelling of the offended party is not an aggravating
circumstance.
Not A.C.
1.
When the offender acted with
passion and obfuscation.
2.
Where there exists a
relationship between the offender and the offended party.
3.
When the condition of being
a woman is indispensable in the commission of the crime: Parricide Rape
Abduction Seduction
4.
Adultery when paramour also
lives there (abuse of confidence)- but if the paramour doesn't live there, it
is A.C.
5.
Victim not dweller of the
house
6.
Owner of dwelling gave
sufficient and immediate provocation
7.
Robbery is committed by the
use of force upon things (inherent)
8.
Crime of trespass to
dwelling (inherent)
4. That the act
be committed with (1) abuse of confidence or
(2) obvious ungratefulness.
·
Must be IMMEDIATE
and PERSONAL
·
Not A.C. - betrayal of
confidence; - would be offended party had already lost confidence in the
offender.
Requisites:
Abuse
of confidence
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Obvious
ungratefulness
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1.
That the offended party had trusted the offender.
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1.
That the offended party had trusted the offender.
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2.
Offender abused such trust by committing a crime
against the offended party.
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2.
Offender abused such trust by committing a crime
against the offended party.
|
3.
Abuse of confidence facilitated the commission of
the crime.
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3.
That the act be committed with obvious
ungratefulness
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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.
(1)… Palace of the Chief Executive… - regardless whether State or Official functions are
being held
(2) …presence of the Chief Executive… - A.C. is present even if he is not engaged in the
discharge of his duties.
(3)…where public authorities are engaged in the
performance of their duties…
Requisites:
1. Public authorities are in the
performance of their duties (essential)
2. Public authorities must be in their
office.
3. Public authority should be the
offended party.
(4)…place dedicated to religious worship - regardless whether religious functions are being
held.
6. That the
crime be committed (1) in the nighttime or (2) in an uninhabited place, or (3)
by a band, whenever such circumstances may facilitate the commission of the
offense.
Whenever there are 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.
*When aggravating -
1. When it facilitated the commission
of the crime; or
2. When especially sought for the
offender to insure the commission of the crime or for the purpose of impunity;
or
3. When the offender took advantage
thereof for the purpose of impunity.
Phrases:
"Whenever such circumstances may facilitate the
commission of the offense" - greater
certainty in attaining the ends.
"Especially sought for"; "For the
purpose of impunity"; "took advantage thereof" - to prevent offender from being recognized, or to
secure himself against detection or punishment.
(1) Nighttime - from sunset to sunrise
Requisites:
1. The commission of the crime must
begin and be accomplished in the nighttime.
2. The offense must be actually
committed in the darkness of the night.
3. When the place of the crime is
illuminated by light, nighttime is aggravating.
(2) Uninhabited place - where there are no houses at all, a place at a considerable distance form
town, where houses are scattered at a great distance from each
other.
(a) SOLITUDE - must be sought to better attain the criminal purpose. Offenders choose
the place as an aid either to:
1.
Easy and uninterrupted
accomplishment of their criminal designs; or
2.
To insure concealment
of the offense
(3)By a band - there are more than three armed malefactors shall have acted together in
the commission of an offense.
Not
a Band
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A.C.
|
If 1 of 4
armed persons is a principal by inducement
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Robbery with
homicide
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Crime
against chastity
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Crime of
illegal detention or treason
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Brigandage
(inherent)
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Crime
against property or against persons
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7. That the
crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.
Requisites:
1. Crime was committed when there was a
calamity or misfortune.
2. Offender took advantage of the state
of confusion or chaotic condition from such misfortune
8. That the
crime be committed with the aid of (1) armed men or (2)persons who insure or
afford impunity.
Requisites:
1. That armed men or persons took part
in the commission of the crime, directly or indirectly.
2. That the accused availed himself of
their aid or relied upon them when the crime was committed - (armed men are
only accomplices)
Not A.C.
1. When their casual presence near the
place where the crime was committed, appears that the accused did not avail
himself of their aid.
2. Attacking party and the party
attacked were equally armed.
3. Accused and cooperator acted under
the same plan or purpose.
9. That the
accused is a recidivist.
A recidivist is one who, at the time of his trial for
one crime, shall have been convicted by final judgment of another crime
embraced in the same title of this Code.
Requisites:
1. That the offender is on trial for an
offense;
2. He was previously convicted by final
judgment of another crime;
3. Both the 1st and 2nd offenses are
embraced in the same title of this Code;
4. That the offender is convicted of
new offense.
A need to allege Recidivism in information -
·
Certified copy of sentence
rendered against accused
·
If the accused does not
object the presentation of evidence
·
Accused admitted in his
confession and on the witness stand
Amnesty, Article 89 - extinguishes the penalty and all its effects.
Pardon - does not prevent a
former conviction from being considered as an A.C.
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.
Requisites:
·
Accused is on trial for an offense;
·
That he previously served sentence for another offense
to which the law attaches an equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty.
Phrases:
"has been previously punished" - accused
previously served sentence(s) for another offense(s) before his trial for new
offense
"Equal penalty" - ex. Reclusion temporal for
forcible abduction(Art 342)==> Reclusion temporal for homicide (Art 249)
"Greater penalty" - ex. 12 yr & 1 day to
20 yrs for homicide ==> 6 yrs and 1 day to 12 yrs for falsification
"Lighter penalty" - ex. 30 days imprisonment
for theft ==> 2 mos. For estafa ==> reclusion temporal for homicide
Recidivism
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Reiteracion
or Habituality
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No time limit
between the first conviction and the subsequent conviction
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Time limit
of not more than 10 years between every conviction computed from the 1st
conviction or release from punishment thereof to conviction computed from the
2nd conviction or release therefrom to the 3rd conviction and so on…
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2
convictions are enough
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At least 3
convictions are required.
|
It is a
generic A.C. which can be offset by an ordinary M.C.
If not
offset, it would only increase the penalty prescribe by law for the crime committed
to its maximum period.
|
A special
A.C., hence it cannot be offset by any M.C.
Aside from
the penalty prescribed by law for the crime committed; an additional penalty
shall be imposed depending upon whether it is already the 3rd conviction, the
4th, 5th, so on...
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Circumstances
need not be alleged in the information
|
Circumstances
must be alleged in the information; otherwise the court cannot acquire
jurisdiction to impose additional penalty.
|
It is enough
that a FINAL JUDGMENT has been rendered in the 1st offense
|
Necessary
that offender shall have SERVED OUT his sentence for 1st offense
|
Offenses
included in the same title of the Code
|
Previous and
subsequent offense must not be embraced in the same title
|
Is always
taken into consideration in fixing the penalty to be imposed upon the accuse
|
Not always
aggravating - i.e., penalty for murder is death and offenses which the
offender previously convicted are crime against property.
|
Forms of Repetition:
1. Recidivism (generic A.C.) under Art. 14 (9)
2. Reiteracion (generic A.C.) under Art. 14 (10)
3. Multi-recidivism or habitual delinquency (extraordinary
A.C.) under Art. 62 (5) - offender within the 10 yr period from the date
of his release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, is found guilty of the
any of said crimes a third time or oftener.
4. Quasi-recidivism (special A.C.) under Art. 160 - person
who shall commit a felony after having been convicted by final judgment before
beginning to serve such sentence or while serving such sentence shall be
punished by the maximum period prescribed by law for the new felony.
11. That the crime be committed in consideration of a price,
reward or promise.
Requisites:
1. There must be 2 or more principals
a. Principal by inducement (one who
offers)
b. Principal by direct participation
(one who accepts)
2. That price, reward, promise should
be for the purpose of inducing author to perform deed.
Note:
1. Applicable to both principals.
2. If without previous promise it was
given voluntarily after the crime has been committed as an expression of his
appreciation for the sympathy and aid shown by the other accused, it doesn't
qualify as A.C.
3. Price, reward or promise need not
consist or refer to material things, it being sufficient that the offer made by
the principal by direct participation before the commission of the offense.
4. Inducement must be the primary
consideration for the commission of the crime.
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.
Note:
1. What considered as A.C. - if and when they are used by the
offender as means to accomplish criminal purpose.
2. When another A.C. already qualifies
the crime, any of these A.C. shall be considered as generic A.C. only.
3. When used as a means to kill another
person, the crime is qualified to murder.
13.
That the act be committed with evident
premeditation. Deliberate planning
Requisites: the prosecution must prove:
1.
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.
Evident premeditation may be considered as to
principal by induction
Essence of premeditation. The execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the
space of time sufficient to arrive at a calm judgment.
§ To
establish evident premeditation, it must be shown that there was a period
sufficient to afford full opportunity for meditation and reflection, a time
adequate to allow the conscience to overcome the resolution of the will, as
well as outward acts showing the intent to kill. It must be shown that the
offender had sufficient time to reflect upon the consequence of his act but
still persisted in his determination to commit the crime.
§ Premeditation
is absorbed by reward or promise.
§ When the
victim is different from that intended, premeditation is not aggravating.
§ When the
offender premeditated on the killing of any person, it is proper to consider
against the offender the A.C. of
premeditation, because whoever is killed by him is contemplated in his
premeditation.
14.
That craft, fraud or disguise be employed.
Requisite:
§ The offender must have actually used
craft, fraud, or disguise to facilitate the commission of the crime.
Craft (astucia) - involves intellectual trickery and cunning on the part of the accused.
·
Chicanery resorted to by the
accused to aid in the execution of his criminal design. It is employed as a
scheme in the execution of the crime.
Fraud (fraude) - insidious words or machinations used to induce the victim to act in a
manner which would enable the offender to carry out his design.
·
Use of an assumed name in
the publication of a libel
·
Test of disguise is whether
the device or contrivance resorted to by offender was intended to or did make
identification more difficult, such as the use of a mask or beard.
Disguise (disfraz) - resorting to any device to conceal identity.
Craft
|
Fraud
|
Act of the
accused done in order not to arouse the suspicion of the victim constitutes
craft
|
Where there
is a direct inducement by insidious words or machinations.
|
Craft and Fraud - may be absorbed in treachery if
they have been deliberately adopted as means, methods or forms.
15.
That (1) advantage be taken of superior strength, or
(2) means employed to weaken the defense.
"Advantage be taken" - to deliberately use excessive force that is out of
proportion to the means for self-defense available to the person attacked.
No advantage of superior strength:
§ One who attacks another with passion
and obfuscation
§ When a quarrel arose unexpectedly
and the fatal blow was struck at a time when the aggressor and his victim were
engaged in a fight.
Illustrations of abuse of superior strength:
1. Strong man ill-treated a child or
old person, or sick person;
2. Person attacked is under the
influence of liquor
3. When a man attacks a woman
with a weapon.
4. Offender uses weapon which is out of
proportion to the defense available to the offended party.
5. When there are several offenders
participating in the crime, the must ALL be principals by direct participation
and their attack against the victim must be concerted and intended to be so.
6. Number of aggressor, if armed, may
point to abuse of superior strength.
7. No abuse of superior strength in
parricide against the wife - husband is physically stronger than the wife
By a Band
|
Abuse of
superior strength
|
Element of
band is appreciated when the offense is committed by more than 3 armed malefactors
regardless of the comparative strength of victim(s)
|
Gravamen of
abuse of superiority is taking advantage by the culprits of their collective
strength to overpower their relatively weaker victim(s)
|
Hence, what
is taken into account here is not the number of aggressors nor
Physical
strength vis-a vis the offended party.
|
the fact
that they are armed, but their relative
|
"Means employed to weaken defense" - offender employs means that materially weaken the
resisting power of the offended party.
Example:
1.
when the offender, who had
the intention to kill the victim, made the deceased intoxicated, thereby
materially weakening the latter's resisting power. - treachery may be
considered, if in his intoxicated state it was impossible for the victim to put
up any defense at the time he was attacked.
2.
One fighting with another
suddenly casts sand upon the latter's eyes and then wounds or kills him.
Note: this
A.C. is applicable only to crimes against persons, and sometimes against person
and property, i.e., robbery with physical injuries or homicide.
16.
That the act be committed with treachery.
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.
Requisites:
1. That at the time of the attack, the
victim was not in a position to defend himself;
2. That the offender consciously
adopted the particular means, method or form of attack employed by him.
Rules:
1. Applicable only to crimes against
the person
2. Means, methods or forms need not
insure accomplishment of crime - does not depend upon the result but upon the
means itself, in connection with the aggressor's purpose in employing it.
3. Mode of attack must be consciously
adopted
This means that:
1.
Accused must make some
preparation to kill the deceased.
2.
Mode of attack must be
thought of by the offender, not from unexpected turn of events.
§ Treachery
is taken into account even if the crime against the person is complexed with
another felony involving a different classification in the Code. Accordingly,
in the special complex crime of robbery with homicide, treachery can be
appreciated insofar as the killing is concerned.
§ Applies in
the killing of a child even if the manner of attack is not shown.
§ Must be proved by clear and
convincing evidence.
§ Against all the offenders when there
is conspiracy.
Treachery present:
§ When the aggression is continuous, treachery must be present in the
beginning of the assault.
§ When the aggression is not
continuous, if that there was interruption, it is sufficient that treachery was
present at the moment the fatal blow was given.
Treachery should be considered even if:
1.
Victim was not predetermined but there was a generic
intent to treacherously kill any first two persons belonging to a class (same
rule obtains for E. P.)
2.
Aberratio ictus and the bullet hit a person different
from that intended.
3.
Error in personae, hence the victim was not the one
intended by the accused.
Reason for the rule: when there is treachery, it is impossible for either the intended victim
or the actual victim to defend himself against the aggression.
Treachery absorbs:
1.
Craft
2.
Abuse of superior strength
3.
Employing means to weaken the defense
4.
Cuadrilla or band
5.
Aid of armed men
6.
Nighttime
Treachery
|
Abuse of
superior strength
|
Means
employed to weaken defense
|
Means,
methods, forms are employed by offender to make it impossible or hard for the
offended party to put any sort of resistance
|
Offender
does not employ any means, methods, forms; he only takes advantage of
superior strength
|
Means are
employed but it only materially weakens the resisting power of the offended
party
|
17.
That means to be employed or circumstances brought
about which add ignominy to the natural effects of the act.
Ignominy. Circumstance pertaining to the moral order,
which adds disgrace and obloquy to the material injury caused by the crime.
Application.:
Crimes against chastity
Less serious
physical injuries
Light coercion,
circumstances tended to make the effects of the crime humiliating
Grave coercion, circumstance tended to compel a person
then put them to shame
Murder
"That means be employed". The accused augmented the wrong done by increasing
its pain and adding ignominy thereto.
"That xxx circumstances be brought about." Where one rapes a married woman in the presence of
her husband, or where the accused rapes a woman in the presence of her fiancé.
"Which add ignominy to the natural effects of the
act." Means employed or the
circumstances brought about must tend to make the effects of the crime more
humiliating or to put the offended party to shame.
18.
That the crime committed after an unlawful entry.
There is unlawful entry when an entrance is
effected by a way not intended for the purpose.
Basis. Means
and ways employed to commit the crime.
To effect entrance, not for escape. Unlawful entry must be a means to effect entrance
and not for escape.
Reason. 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.
19.
That as a means to the commission of a crime a wall,
roof, floor, door, or window be broken.
Basis. Means and ways employed to commit the crime.
"As means to the commission of a crime." Breaking of a part of the building as a means to the
commission of the crime.
To effect entrance only,
breaks a wall or a window of the house, the circumstance is aggravating.
Par
18
|
Par
19
|
No breaking
as by entry thru the window.
|
Breaking as
by entry of the any parts of the house.
|
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.
Basis. Reference to means and ways employed to commit the
crime.
Two different circumstances are grouped in this
paragraph:
1.
With the aid of persons under 15 years of age:
·
Tends to repress, so far as
possible, the frequent practice resorted to by professional criminals to avail
themselves of minors taking advantage of their irresponsibility.
2.
By means of motor vehicles.
·
Intended to counteract the
great facilities found by modern criminals in said means to commit crime and
flee and abscond once the same is committed.
·
Used as a means to commit
the crime and to facilitate escape.
"Or other similar means." Motorized vehicle or other efficient means of
transportation similar to automobile or
airplane.
21.
That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not necessary for its commission.
Cruelty. When
the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain the commission of the act.
For it to be aggravating,
it is essential that the wrong done was intended to prolong the suffering of
the victim, causing him unnecessary moral and physical pain
Requisites.
1.
That the injury caused be
deliberately increased by causing other wrong;
2.
That the wrong be unnecessary for the execution of the
purpose of the offender.
Ignominy (p
17)
|
Cruelty (p
21)
|
Moral
suffering
|
Physical
suffering
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