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Aggravating Circ.

Gen Spec Qual Requisite/s Essential


Public Position 1) The offiender is a public officer Public Officer used the
2) The commission of the crime would not have been INFLUENCE, PRESTIGE OR
posssible without the powers, resources and ASCENDENCY which his office
1 x influences of the office he holds. gives him as the means by which he
realized his purpose.

In contempt of or with insult 1) The offender known that a public authority(PA) is


to the PUBLIC present.
2)The PA is engaged in the exercise of his function
AUTHORITIES 3)the PA is not the victim of the crime
2 x 4)the PA's presence did not prevent the criminal act

That the act committed 1)crimes must be against the victim's person or his
a)with insult or in disregard of the honor
respect due to the offended arty 2)there is a deliberate intent to offend or insult the
on account of his respect due to the victim's rank, age, or sex
a-1)RANK
a-2)AGE
a-3)SEX
3 x

b)in the DWELLING of the ALL MUST CONCUR Elements-


offended party, if the latter 1)given by the owner of the dwelling 1)crime occurred in the dwelling of
2)sufficient the victim
has not given provocation 3) immediate to the commission of the crime 2)no provocation on the part of the
victim

that the act committed with a)ABUSE OF CONFIDENCE


a)ABUSE OF 1-offended party has trusted the offender
2-offender abused such trust
CONFIDENCE or 3-abuse of confidence facilitated the commission of
the crime

4 b) OBVIOUS
UNGRATEFULNESS
x b)OBVIOUS UNGRATEFULNESS
1-ungratefulness must be OBVIOUS, that is, there
must be something which the offender shoud owe the
victim debt of gratitude
in the 1) the crime occred in the public office
2)Pas are actually performing their public duties
a)PALACE OF THE C/E or PLACE OF (PoW)
in his presence 1)the crime offcured in a lace dedicated to the worship
5 b) PA are engaged in the
discarge of their dties x of God regardess of religion
2)offender must have decided to commit the crime
when he entered the PoW
c)place dedicated to
religious worship

a-1)NIGHTIME NIGHTIME
1)if facilitated the commission of the crime
2)especially sought for by the offender ti insure the
commisssion of the crime or for the purpose of
impunity
6 x 3)when the offender tool the advantage thereof for the
purpose of impunity
4)commission of the crime must have began and
accomplished at nighttime

a-2)UNINHABITED PLACE UNINHABITED PLACE (UIP)


1)the place facilitated the commission or ommission of
the crime
2)deliberately sought and not incidental to the
commission or omm. Of the crimex
x 3)taken advantage of for the purpose of impunity

a-3)by a BAND -3 armed BAND


malefactors 1)facilitated the commission of the crime
2)deliberately sought
(whenever such 3)taken advantage of for the purpose of impunity
circumstances may facilitate
the commission of the x 4)there must be four or more armed men

offense)

on the occasion of 1) committed when there is a calamity or misfortune: BASIS:


CSEECM conflaguration, shipwreck,epidemic Commission of the crime
2)offender took advantage of the state of confusion or
Conflagration, Shipwreck, adds to the suffering by
7 Earthquake, Epidemic or x chaotic conditio from such misfortune
taking of the misfortune
other CALAMITY OR
MISFORTUNE
with the aid of 1) that armd men or persons took part in the BASIS:
8-1)armend men commission of the crime directly or indirectly2)that the Based of the MEANS AND WAYS of
8 8-2)persons who INSURE x accused availed himself of their aid or relied upon
them when the crim was committed
committing the crime

OR AFFORD IMPUNITY
accused is a RECIDIVIST 1)offender is on trial for an offense BASIS:
2)he was previousy convicted by final judnment of Greater perversity of the offender as
another crime shown by his inclination to commit
3)that both the first and the second offenses are crimes.
embraced in the sam tite of the RPC(not special law)
4)the offender is convicted of the new offense The judgment becomes final-(Rules
of Court)
1)after the lapse of a period for
perfecting an appeal
9 x 2)when the sentence has been
partialy or totally satisfied or served
3)defendant has expressly waived
in writing his right to appeal
4)the accused has applied for
probation

offender: has been


previously punished for an
offense to which the aw
attancehs an EQUAL OF
10 GREATHER PENALTY, or 2
or more crimes which it x
attaches a LIGHTER
PENALTY (REITARACION
OR HABITUALITY)

11 x x x
12 x x x
13 x x x
14 x x x
15 x x x
16 x x x
17 x x x
18 x x x
19 x x x
20 x x x
21 x x x
Inherent (not agg)
1) Bribery (Direct-Art.201,
Ind-Art. 201)
2)Qualified Bribery

Person in Authority(PiA)-PA who is


directly vested the jurisdiction, has
the power to govern and exercise the
laws

Ex. of PiA-Governor,Mayor, Brgy


Capt., Councilors, Government
Agents, Chief of Police

Rank-refers to a high social position


or standing by which to determine
one's pay ad emouluments in any
scae of comparison within a position

Age-the circumstance of lack of


resect due to age aplies in case
where the victim of tender age as
well as of old age (age of the
offended party)
Sex-Female sex

Dwelling-must be a buiding or
structure exclusively used for
rest and comfort (combi house
and store N/I)

-includes dependencies the


foolthe foot of the staircase
and the enclosure under the
house

-if dwelling-both of the


offended party and the
offender(NOT AGGRAG)

ABUSE OF CONFIDENCE -do not confuse with mere betrayal of


-malversation trust.
-qualified theft This is aggravating only when the
-estafa by conversion very offended party is different from
-misappropriation the felow who reposed the
-qualified seduction confidence. If theconfidence is
repsoed by another, the offended
party different from the fellow who
reposed the confidence and abuse
of confidence in the case is not
aggravating
-Polling precinct is a public
office duting election day

-Absorbed by -Impunity-means to precet


TREACHERY the accused/s being
-when the place is recorgnized or to secure
illuminated by light-not agg himsef against detection or
punishment to faciitate his
escape more easily

Nightime-begins at the end of


dusk and endng at dawn (from
sunset to sunrise)
-200 meters away(no house is
considered UIP)

-whether in the place of the


commission of the offense,
there was a reasonable
possibility of the victim
receiving some HELP
Robbery committed in
band and brigandate.

Not considered in the


crime of rape.
-----
applied in treason and in
robbery with homicide
To prove recidivism-it mustRECIDIVIST-one who at the
be alleged in the time of his trial for one crime,
Information and with
attached certified copies fshall have been previously
the sentences rendered convicted by final judgment of
against the accused. another crime embraced in the
same title of the RPC.
XCPT:
if the acused does not
What is controlling is the time
obect and when he of trial, not at the time of the
admin=ts in his confession commission of the offense.
and on the witness stand -from the arraignment until
after sentense is announced
by the judge in open court

REITERACION/HABITUALI
TY-offender be previously
punished, that is, he has
served sentence.

Penalty attached to the


offense not actually imposed.