art. 14 aggravating circumstances outline

7/18/2019 ART. 14 Aggravating Circumstances Outline

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Art. 14- Aggravating circumstances.— 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 or with insult to the public

authorities.

3. That the act be committed with insult or in disregard of the respect duethe offended party on account of his rank, age, or se, or that is be

committed in the dwelling of the offended party, if the latter has not givenprovocation.

!. That the act be committed with abuse of confidence or obvious

ungratefulness.". That the crime be committed in the palace of the #hief $ecutive or in his

presence, or where public authorities are engaged in the discharge of theirduties, or in a place dedicated to religious worship.

%. That the crime be committed in the night time, or in an uninhabited place,

or by a band, whenever such circumstances may facilitate the commission of the offense. &henever more than three armed malefactors shall have acted

together in the commission of an offense, it shall be deemed to have beencommitted by a band.

'. That the crime be committed on the occasion of a conflagration,

shipwreck, earth(uake, epidemic or other calamity or misfortune.). That the crime be committed with the aid of armed men or persons who

insure or afford impunity.*. That the accused is a recidivist. + recidivist is one who, at the time of his

trial for one crime, shall have been previously convicted by final udgment of another crime embraced in the same title of this #ode.

1-. That the offender has been previously punished by an offense to which

the law attaches an e(ual or greater penalty or for two or more crimes towhich it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, orpromise.

12. That the crime be committed by means of inundation, fire, poison,

eplosion, stranding of a vessel or international damage thereto, derailmentof a locomotive, or by the use of any other artifice involving great waste and

ruin.13. That the act be committed with evidence premeditation.

1!. That the craft, fraud or disguise be employed



ar 1 / advantage in public position

♥offender must be a public officer (policeman, congressman, etc)♥should take advantage of his position’s influence♥earing!not earing of uniform is immaterial

ar 2 / in contempt or insult to public authorities

♥chief of police is not a public authorit" (must be a ma"or, gov, brg". capt, etc)♥knoledge of the presence is essential

ar 3 / insult or disregard of respect for rank, age, se, in the dwelling whenthere was no provocation given

♥applicable onl" to crimes against persons or honor ♥deliberate intent to insult is re#uired♥$ank % difference in social condition& age % offended part" could be a father to the offender in age&se' %insult to omanhood must be present♥being a oman is indispensable. e'. parricide, rape, seduction♥there must be no provocation from oner of delling, it must be sufficient and immediate to thecrime♥elling is not aggravating hen

**both offender and offended part" are occupants of the same house

ar ! / abuse of confidence0obvious ungratefulness

$e#uisites+offended part" trusted the offender +offender abused the said trust b" committing crime against the offended part"+abuse of confidence facilitated the crime♥confidence beteen to parties must be immediate and personal♥ungratefulness must be obvious (manifest and clear)

ar " / crime n palace of chief eecutive, in his0her presence, where publicauth discharged theirduties,place for worship

those venues must be respected♥chief e'ecutive need not be in alacaang or in discharge of duties♥other persons in public authorit" must be actuall" engaged in performance of duties♥offender must have intention to commit a crime hen entered the place

ar % / nighttime, uninhabited place, by band, other circumstance that mayfacilitate

♥hen the ones enumerated facilitated the commission of the crime♥it as especiall" sought for ♥the offender took advantage thereof



♥it is not aggravating hen the crime began at da"time ithout interruption♥commission must begin and end during the nighttime♥if the crime is done in brilliance of light % not aggravating♥uninhabited place % here victim ill have no reasonable possibilit" of receiving helphere there are no houses nearb"here the victims are the occupants of the onl" house in the placethe place must be sought b" offenders♥b" band % more than / armed malefactors ho acted together (at least 4)

not aggravating hen one of the / is principal onl" % the" should act together crimes against propert" and persons % thus not considered in crimes against chastit"

ar ' / during conflagration, shipwreck, earth(uake, epidemic or other

calamity or misfortune

♥instead of lending aid, offender took advantage of the situation♥chaotic condition is under the phrase other calamit" or misfortune0

ar ) / with aid of armed men or persons who insure0afford impunity

♥aid is either direct or indirect♥compared ith b" band0band re#uires at least 4 men ho are armed and acted together hile ith aid of armed men0re#uires at least one onl"

ar * / recidivist

$e#uisites+offender is on trial for an offense+previousl" convicted b" final 2udgment of another crime+both crimes are in the same title of the code

+offender is convicted of the ne offensenote hile time of trial0 not time of the commission of the crime♥pardon does not obliterate the fact of recidivism

ar 1- / previously punished with an e(ual or greater penalty or for at least 2crimes with lighter penalty

$e#uisites+accused is on trial for an offense+previousl" served sentence for a crime ith e#ual or greater penalt" or for 3 or more ith lighterpenalties

+offender is convicted for the ne offense

ar 11 / committed in consideration of a price, reward or promise

♥affects not onl" the one ho received the price or reard but also to the one giving it

ar 12 / by means of inundation, fire, poison, eplosion, stranding of a vessel or

intentional damage to it, derailment of locomotive or any other artifice involvinggreat waste and ruin



ar 13 evident premeditation

♥there should be deliberate planning♥there should be cooling of period$e#uisites+time hen the offender as determined+offender clung to his determination+sufficient lapse of time

+rudge alone 5s not proof for 67♥considered in conspirac" but not in robber" (inherent in robber")unless there as unplanned homicide %

ar 1! / by craft, fraud or disguise♥craft % this involves intellectual tricker" and cunning on the part of the accusedemplo"ed as scheme in the e'ecution of the crimedone so as not to arouse suspicion of the victim♥8raud% insidious ords or machinations used to induce the victim to act in a manner hich ouldenable the offender to carr" out his design♥both not aggravating hen it is inherent in the crime

♥isguise % resorting to an" device to conceal identit"purpose must be to conceal his!her identiti"not aggravating hen disguise is ineffective

art. 14 aggravating circumstances outline

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