Session 4 (Aggravating Circumstances)
Session 4 (Aggravating Circumstances)
Session 4 (Aggravating Circumstances)
CIRCUMSTANCES AFFECTING They are based on the greater perversity of the offender
CRIMINAL LIABILITY manifested in the commission of the felony as shown
_____________________________________________ by:
Circumstances affecting criminal liability (JEMAA) 1. The motivating power itself;
1. Justifying circumstances; 2. The place of commission;
2. Exempting circumstances; 3. The means and ways employed;
3. Mitigating circumstances; 4. The time; and
4. Aggravating circumstances; and 5. The personal circumstances of the offender or the
5. Alternative circumstances. offended party
Other two circumstances found in the RPC affecting Kinds of aggravating circumstances (BAR 1999)
criminal liability 1. Generic or those that can generally apply to almost
1. Absolutory cause – has the effect of an exempting all crimes.
circumstance as it is predicated on lack of voluntariness. Examples:
(no penalty is imposed by reason of public policy) a. Dwelling
b. Recidivism
Example: In cases of instigation and in case a relative of c. In consideration of price, reward or promise
a principal is charged as an accessory (Art. 332, in d. Night time
crimes against property) (except an accessory who
profits or assists an offender to profit from the effects of 2. Specific or those that apply only to particular crimes.
the crime), he is exempt from criminal liability. Examples:
a. Cruelty in crimes against persons (RPC, Art. 14)
2. Extenuating circumstances – has the effect of b. Treachery in crimes against persons (RPC, Art. 14)
mitigating the criminal liability of the offender. c. The victim is the offender’s parents, ascendants,
guardians, curators, teachers, or persons in
Example: authority, in less serious physical injures (RPC, Art.
(1) In the offense of infanticide, concealment of 265, par. 3).
dishonor is an extenuating circumstance insofar as the d. Unlicensed firearms in robbery in band (RPC, Art.
pregnant woman and the maternal grandparents are 296)
concerned. e. Abuse of authority or confidential relations by
guardians or curators in seduction, rape, acts of
(2) In the offense of abortion under Art. 258, the liability lasciviousness, white slavery and corruption of
of a pregnant woman will be mitigated if her purpose is minors (RPC, Art. 346)
to conceal dishonor. (Such circumstance is not available f. Positive finding in the use of dangerous drugs for
to the parents of the pregnant woman). crimes punishable under RA 9165 (Dela Cruz v.
People, GR 200748, July 23, 2014)
(3) Also, under Art. 333, if the person guilty of adultery
committed the offense while being abandoned without 3. Qualifying or those that change the nature of the
justification, the penalty next lower in degree shall be crime.
imposed. Examples:
a. By means of poison
b. With the aid of armed men
AGGRAVATING CIRCUMSTANCES c. Treachery, in killing persons
(ART. 14, RPC d. Grave abuse of confidence which makes stealing
as qualified theft
Aggravating circumstances
4. Inherent or those that must accompany the
Those which, if attendant in the commission of the commission of the crime.
crime: Examples:
1. Serve to have the penalty imposed in its maximum a. Abuse of public office in bribery;
period provided by law for the offense; or b. Breaking of a wall or unlawful entry into a house
2. Change the nature of the crime. in robbery with the use of force upon things;
c. Fraud in estafa; 3. Disregard of age, sex, or dwelling of the
d. Deceit in simple seduction;
e. Ignominy in rape;
offended party; (BAR 1996, 2009)
f. Evident premeditation in robbery and estafa; 4. Abuse of confidence and obvious
g. Disregard of respect due the offended party on ungratefulness;
account of rank in direct assault; 5. Palace and places of commission of
h. Superior strength in treason; and
i. Cruelty in mutilation.
offense;
6. Nighttime, uninhabited place or band;
5. Special or those that cannot be offset by an ordinary (BAR 1994, 1997, 2009)
mitigating circumstance and has the result of imposing 7. On occasion of calamity or misfortune;
the penalty in the maximum period.
Examples: 8. Aid of armed men, or persons who insure
a. Quasi-recidivism (RPC, Art. 160); or afford impunity;
b. Complex crime (RPC, Art. 48); and 9. Recidivist ;(BAR 1993, 2009, 2014)
c. Taking advantage of public position and
10. Reiteracion;
membership in an organized or syndicated crime
group [RPC, Art. 62, par. 1(a)]. 11. Price, reward, or promise;
d. The use of a loose firearm when inherent in the 12. By means of inundation, fire, poison,
commission of a crime (RA 10591, Sec. 29) explosion, stranding of a vessel or
intentional damage thereto, derailment
Generic aggravating vis-à-vis Qualifying
of a locomotive, or by the use of any
circumstances
GENERIC AGGRAVATING QUALIFYING
other artifice involving great waste or
CIRCUMSTANCES AGGRAVATING ruin;
CIRCUMSTANCES 13. Evident premeditation; (BAR 1991,
Affects only the imposition Affects the nature of the 2009)
of the penalty prescribed, crime or brings about a
but not the nature of the penalty higher in degree
14. Craft, fraud or disguise; (BAR 1995)
crime committed. than that ordinarily 15. Superior strength or means to weaken
prescribed. the defense;
Can be offset by an GR: Cannot be offset by 16. Treachery;
ordinary mitigating any mitigating
circumstance. circumstances. 17. Ignominy;
18. Unlawful entry;
XPN: Privileged mitigating 19. Breaking wall;
circumstances.
20. Aid of minor or by means of motor
Both must be alleged in the information in order to be
appreciated. vehicle or other similar means; and
21. Cruelty. (BAR 1994)
When there is more than one qualifying aggravating
circumstance present, one of them will be appreciated Position and standing of the accused considered as
as qualifying aggravating while the others will be aggravating
considered as generic aggravating. Where a person found guilty of violation of Gambling
law is a man of station or standing in the community,
Circumstances which aggravate the maximum penalty should be imposed (U.S. v.
Salaveria, G.R. No. L-13678, November 12, 1918).
criminal liability (Very Important!!!)
1. Advantage taken of public position;
2. Contempt or insult to public authorities;
Aggravating circumstances which do not have the 1. Abused his public position; or
effect of increasing the penalty 2. At least, the use of the same facilitated the
Aggravating circumstances which: commission of the offense.
1. In themselves constitutes a crime especially
punishable by law [RPC, Art. 62(1)]; To be applicable the public officer must have used his:
2. Included by law in defining a crime and prescribing a. Influence
penalty [RPC, Art. 62(1)]; and b. Prestige
3. Inherent in the crime to such a degree that it must of c. Ascendancy [IPA]
necessity accompany the commission thereof [RPC,
Art. 62(2)]. There is no abuse of public position when the offender
could have perpetuated the crime even without
Aggravating circumstances personal to the offenders occupying his position.
Aggravating circumstances which arise:
1. From the moral attributes of the offender; When taking advantage of public position not
2. From his private relations with the offended party; considered as an aggravating circumstance
and
3. From any other personal cause. This circumstance is not applicable in offenses where
taking advantage of official position is made by law an
Appreciation of personal aggravating circumstances integral element of the crime, such as in malversation or
It shall only serve to aggravate the liability of those in falsification of document committed by public
persons as to whom such circumstances are attendant officers.
(RPC, Art. 62, par. 3).
Basis Appreciation
The greater perversity of the offender as shown by his It is appreciated against both the principal by
inclination to commit crimes. inducement and principal by direct participation.