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What is Art 14 par 1?
Par 1. - That advantage be taken by the offender of his public position
What is the basis of Art 14 par 1?
- Basis: Greater perversity of the offender as shown
- a. By the means of the personal circumstance of the offender
- b. By the means used to secure the commission of the crime
When is Art 14 par 1 applicable?
- -Applicable only when the offender is a public officer-As a means by which he realizes his purpsoe, the public officer must use
- a. Influence
- b. Prestige or
- c. Ascendancy
When is Art 14 par 1 not applicable?
- It cannot be taken into consideration i offenses where taking advantage of official position is an integral element of a crimeExample: malversation under Art 217- It is also inherent in the case of accessories under Art 19, par 3 (harboring, concealing, or assisting in the escape of the principal of the crime) and in crimes committed by public officers (art 204-245)-RA 7659 provides that crimes committed by a public officer will be given the penalty prescribed at its maximum, regardless of the nature and number of mitigating circumstances
What is Art 14, par 2?
Paragraph 2 - That the crime be committed in contempt of or with insult to the public authorities.
What is the basis of Art 14 par 2?
Basis: Greater perversity of the offender as shown by his lack of respect for the public authorities
What are the requisites of Art 14 par 2?
1. That the public authority is engaged in the Exercise of his functions
- 2. That the public authority is not the person against whom the crime is committed
- 3. The offender knows him to be a public authority
- 4. His presence has not prevented the offender from committing the criminal act
Differentiate between person in authority and agent?
- Person in authority - one directly vested with jurisdiction which is the power to govern and to execute the laws, whether as an individual or as a member of some court or governmental corporation, board, or commission-
Agent of a person in authority - one who by direct provision of the law or by election or by appointment by competent authority is charged with the maintenance of public order and the protection and security of life and property and any person who comes to the aid of persons in authority. (art 152 as amended by RA 1978)
What is Art 14 par 3
3. 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 that it be committed in the dwelling of the offended party, if the latter has not given provocation.
What is the basis of Art 14 par 3
- Basis: Greater perversity of the offender as shown by
- 1. Personal circumstances of the offended party
- 2. The place of the commission of the crime
How would you distinguish age, rank, sex?
- Definitions:1. Rank of the offended party - The designation or title of distinction used to fix the relative position of the offended party in reference to others
- 2. Age of the offended party - May refer to old age or the tender age of the victim
- 3. Sex of the offended party - Refers to the female sex, not to the male sex- The four circumstances enumerated can be considered singly or together- If all the four circumstances are present, tehy have the weight of one aggravating circumstance only- Disregard of rank, age, or se is essentially applicable only to crimes against person or honor- Offender must deliberately offend the rank, age, or sex of the offended party- There must be a difference in the social condition of the offender and the offended party
When are the aggravating circumstances of age, rank, and sex not applicable?
1. When the offender acted with passion and obfuscation
- 2. When there exists a relationship between the offended party and the offender
- 3. When the condition of being a woman is indispensable in the commission of the crime (eg abduction, seduction, and rape)
must be a building or a structure EXCLUSIVELY USED FOR REST AND COMFORT
Why is crime in a person's dwelling aggravating?
- 1. The abuse of confidence which the offended party reposed in the offender by opening the door to him, or
- 2. The violation of the sanctity of the home by trespassing
When can dwelling be found aggravating when it is committed NOT in the dwelling of victims?
- 1. The victim was raped in the boarding house where she was a bedspacer
- 2. The victims were raped in paternal home where they were guests at that time
- 3. The victims, while sleeping as guests in the house of another person, were shot to death.
What is Art 14, par 4?
- Paragraph 4.
- That the act be committed with
- 1. Abuse of confidence, or
- 2. Obvious ungratefulness
What is the basis of Art 14 par 4?
Basis: Greater perversity of the offender as shown by the means and ways employed
What are the Requisites of abuse of confidence (TAF)
1. That the offended party had Trusted the offender
- 2. That the offender abused such trust by comitting a crime -The confidence between the offender and the offended party must be immediate and personal -It is not a mere betrayal of trust, since the offended party must be the one who actually reposed his confidence in the offenderNote: Abuse of confidence in inherent in malversation (Art 217), qualified theft (Art 310) estafa by conversion or misappropriation (art 315) and qualified seduction (Art 337)
- 3. That abuse of confidence Facilitated the commission of the crime.- The confidence between the offender and the offended party must be immediate and personal-It is not a mere betrayal of trust, since the offended party must be the one who actually reposed his confidence in the offenderNote: abuse of confidence is inherent in malversation (217), qualified theft (Art 310), estafa by conversion or misappropriation (Art 315) and qualified seduction (Art 337)
What are the requisites of obvious ungratefulness?
1. That the offended party had Trusted the offender
- 2. That the offender Abused such trust by committing a crime against the offended party
- 3. That the act be committed with obvious ungratefulness
What is Art 14 par 5?
- Par 5. That the crime be committed:
- 1. in the palace of the Chief Executive, or
- 2. In his presence, or
- 3. Where public authorities are engaged in the discharge of their duties, or4. In a place dedicated to religious worship
What is the basis of Art 14 par 5
Basis: greater perversity of the offender as shown by the place of the commission of the crime which must be respected
Differentiate Par 5 and Par 2
In paragraph 5 the crime was committed inside their office. In paragraph 2 it is committed outside their office. In paragraph 5 the offended party may or may not be the public authority. In paragraph 2 the public authority should not be the offended party.
What is Art 14 par 6?
- Par 6. - That the crime be committed
- 1. In the nighttime
- 2. In an uninhabited place, or
- 3. By a band, whenever such circumstance may facilitate the commission of the offense
What is the basis of Art 14 par 6?
Basis: On the time and place of hte commission of the crime and means and ways employed
When is it aggravating for nighttime, uninhabited place, or band?
When nighttime, uninhabited place or band aggravating: (FET)
- 1. When it Facilitated the commission of the crime (objective); or
- 2. When Especially sought for by the offender to insure the commision of the crime or for the purpose of impunity (subjective); or
- 3. When the offender Took advantage thereof for the purpose of impunity (subjective)
What is the general rule and exception in nighttime?
General Rule: Nighttime is absorbed in treachery
Exception: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases
What is Art 14 par 8?
Par 8 - That the crime be committed with teh aid of:1. Armed men, or 2. Persions who insure or afford impunity
What is the basis of ARt 14 par 8?
Basis: Means and ways of committing the crime
What are the requisites of Art 14par 8 ?
Requisites: 1. That armed men or persons took part in the commission of the crime, directly or indirectly2. That the accused availed himself ot their aid or relied upon them when the crime was committed
When can Art 14 par 8 not be considered?
When this aggravating circumstance shall NOT be considered
1. When both the attacking party and the party attacked were equally armed
2. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose
Differentiate "armed men" from a "band"
A band requires more than three malefactors; armed men at least two
A band requires more than three armed malefactors should have acted to the commission of the crime; with armed men, the circumstance is present even if only one of the offenders merely relied on their aid for actual aid is not necessary
In a band, all band members are principals; in armed men, the armed men are merely accomplices
What is Art 14 par 9?
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.
What are the requisites to Art 14 par 9?
- 1. That the offeneder is on Trial for an offense
- 2. That he was Previously convicted by final judgment of another crime
- 3. That both the first and the second offenses are embraced in the Same title of thie Code
- 4. That the offender is Convicted of the new offense
What is Art 14 par 10?
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.
What is the basis for Art 14 par 10?
Basis: Greater perversity fo the as shown by his inclination to crimes
What are the requisites for reiteracion or habituality? (TPC)
- 1. That the accused is on trial for an offense
- 2.. That he previously served sentence for another offense to which the law attaches an 9not the penalty actually imposed)
- a. Equal or
- b. Greater penalty, or
- c. For two or more crimes to which it attaches a lighter penalty thatn that for the new offense and
- 3. That he is convicted of the new offense
Differentiate reiteracion from recidivism
In reiteracion, it is necessary that the person has served out of his sentence, in a recidivist,a final judgment is necessary.
In reiteracion, the previous and subsequent offenses must not be embraced in the same title of the code, in recidivist, it requires that the offenses be included in the same title of the code
Reiteracion is not always an aggravating circumstance, in recidivism it is always taken in consideration when fixing a penalty for the accused.
What is recidivism? (par 9 Art 14) Generic aggravating circumstances
Where a person on separate occasions is convicted of two offenses embraced in the same title in the rpc
What is reiteracion? (par 10 ARt 14)
Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty for two crimes to which it attaches a lighter penalty
Multi recidivism or habitual delinquency (art 62 par 5) extraordinary aggravating circumstance
Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener
What is Quasi recidivism (Art 160) Special Aggravating circumstance
Where a person commits felony before the beginning to serve or while serving sentence on a previous conviction for a felony
What is art 14 par 11?
Par 11. That the crime be committed in consideration of a price, reward, or promise.
What is the basis for Art 14 par 11?
Basis: Greater perversity of teh offender as shown in the motivating power itself
To consider this circumstance, the price, reward, or promise must be the primary reason or primordial motive for the commission of the cirme
What is Art 14 par 12?
Par 12 - That the crime be committed by means of 1. Inundation2. Fire3. Poison4. Explosion 5. Stranding of a vessel or intentional damage thereto6. Derailment of a locomotive, or 7. By the use of any other artifice involving great waste or ruin
What is the basis for Art 14 par 12?
Basis: Means and ways employed
Differentiate Par 12 with Par 7
In par 12 (By means of Inundation, Fire, etc), The crime is comitted by means of such acts involving waste or ruin.
the offender is the cause
In par 7 ("On the occasion of a conflagration, shipwreck" etc), The crime is committed on the occasion of calamity or misfortune
the offender took advantage
What are the rules to the use of fire?
If there was intent only to burn, but somebody died, it is simple arson but with specific penalty
If fire was used as means to kill, it is murder
If fire was used to conceal the killing, it is separate crimes of arson and murder/homicide
What is Art 248 of the RPC?
- Art. 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
- 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
- 2. In consideration of a price, reward, or promise.
- 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
- 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
- 5. With evident premeditation.
- 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
What is Art 14 par 13
Par 13 - That the act be committed with evident premeditation
What is the basis of Art 14 par 13?
Basis: reference to the ways of committing the crime because evident premeditation implies a deliberate planning of the act before executing it
What are the requisites to Art 14 par 13? TADS
1. That teh time when the offender determined to commit the crime
- 2. An act manifestly indicating that the culprit has clung to his determination
- 3. The date adn time when the crime was committed to compute the lapse of time
- 4. A sufficient lapse of time between the determination and executinon, to allow him to reflect upon the consequences of his act and to allow his consceince to overcomet he resolution of his will
What is ARt 14 par 14?
- Par 14 - That
- 1. Craft
- 2. Fraud
- 3. Disguise to be employed
What is craft? (austacia)
Involves the use of intellectual trickery or cunning on the part of the accused to aid in the execution of his criminal design
What is fraud? (frauda)
insidious words or machinations used to induce the victim to act ina manner which would enable the offender to carry out his design
Resorting to any device to conceal the identity
Differentiate between craft and fraud
In fraud, where there is a direct inducement by insidious words or machinations, fraud is present
This is characterized by the intellectual or mental rather than the physical means to which the criminal resorts to carry out his design
In craft, the act of the accused done in order not to arouse the suspicion of the victim constitutes this craft
What is the test of disguise?
The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult, such as the use of a mask, or false hair or beard.
What is Art 14 par 15?
Par 15. That 1. Advantage be taken of superior strength, or 2. Means be employed to weaken the defense
What is the basis of Art 14 par 15?
Basis: Means employed in the commission of the crime
What are the two aggravating circumstances is Art 14 par 15?
Advantage be taken: To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked
Means employed to weaken the defense: The offender employs means that materially weakens the resisting power of the offended party
What is Art 14 par 16?
That the act be committed with treachery (aleviosa)
What is the basis of Art 14 par 16:
Basis: Means and ways employed to commit the crime
What are the requisites of treachery?
1. That at the time of the attack, the victim was not in a position to defend himself and
2. That the offender consciously adopted the particular means, method or form of attack employed by him.
What are the rules regarding treachery?
1. Applicable only to crimes against persons
- 2. Means, methods or forms need not insure accomplishment for the crime
- 3. The mode of attack must be consciously adopted
What are some instances when treachery can still be considered?
- 1. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class (the same rule obtains for evident premediation)
- 2. There was aberratio ictus and the bullet hit a person different from that intended
- 3. There was 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.
What does treachery absorb? (CAN-ACE)
- 2. Abuse of superior strength
- 3. Nighttime
- 4. Aid of armed men
- 5. Cuadrilla (band)
- 6. Employing means to weaken the defense
What does treachery cannot co-exist with?
Treachery cannot co-exist with passion or obfuscation
What is ARt 14 par 17?
Par 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
What is the basis of Art 14 par 17?
Basis: Means employed
What is ignominy?
Ignominy - a circumstance pertaining to the moral order, which adds disgrace and obloquy for the material injury caused by the crime
Where is ignominy inherent?
Note: This is inherent in libel and acts of lasciviousness
What is the meaning of "means employed which add ignominy to the effects thereof"
Meaning of "which add ignominy to the natural effects thereof"
- That the means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to the victim or to put the offended party to shame, or add to his moral suffering (people vs carmina)
- Injured party must not be dead when the act causing ignominy was inflicted to him
- Applicable to
- Crimes against chastity
- Less serious physical injuries
- Light or grave coercion
What is Art 14 par 18?
Par 18 - That the crime be committed after an unlawful entry
What is the basis for Art 14 par 18?
Basis: Means and ways employed to commit the crime
What is the difference between Par 18 and Par 19?
In Par 19, It involves the breaking (rompimiento) of the enumerated parts of the house
In Par 18 Presupposes that there is no such breaking as by entry to the window
What is Art 17 Par 20?
- Par 20 - That the crime be committed
- 1. With the aid of persons under fifteen years of age, or
- 2. By means of motor vehicles, airships, or other similar means
What is the basis for Art 14 par 20?
Basis: Means and ways employed to commit the crime
What is Art 14 par 21?
Basis: Ways employed to commit the crime
What is cruelty?
Cruelty - 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 the criminal act
What are the requisites of cruelty?
- Requisites of cruelty:
- 1. That the injury caused be deliberately increased by causing other wrong
- 2. That the other wrong be unnecessary for the execution of the purpose of the offender
Which crimes is cruelty inherent?
Crimes against persons
Differentiate ignominy from cruelty
Ignominy involves moral suffering (Par 17)
Cruelty involves physical suffering (Par 18)
What is an aggravating circumstance under RA 9165 (Comprehensive Dangerous Drugs Act of 2002)
When a crime is committed by an offender who is under the influence of dangerous drugs, such state shall be considered as an aggravating circumstance
What is an aggravating circumstance under PD1866 as amended by RA 8294? (Use of unlicensed firearm)
1. Sec 1 par 3. If homicide or murder is committed with teh use of an unlicensed firearm such use of an unlicensed firearm shall be considered as an aggravating circumstance
2. (Sec 3) when a person commits any crime under the RPC or special laws with the use of explosives including but not limited to pillbox, molotov cocktail bombs, denotation agents or incendiary devices resulting in the death of a person, the same is aggravating
What is an aggravating circumstance under Organized/Syndicated Crime Group under RA 7659
The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group
What is an organized syndicated crime group?
means a group of two or more persons collaborating, confederating, or mutually helping one another for the purposes of gain in the commission of any crime Art 23 RA 7659
What are specific aggravating circumstances?
1. Violation of domicile (nighttime: papers and effects not returned immediately)
- 2. Interruption of religious worship (violence or threats)
- 3. Direct assault (weapon, offender is a public officer or employer; offender lays hands upon a person in authority)
- 4. Grave threats (in writing; thru a middleman)
- 5. Slavery
- 6. Robbery with violence against against or intimidation of persons (uninhabited place, band) EXCEPT: robbery with homicide or robbery with rape
- 7. Robbery with force upon things (uninhabited place or by a band)