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    Article 14 Par.5-6 Petate

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    Michaela Atutubo
    The document discusses aggravating circumstances under Philippine law. It outlines 4 situations where a crime would be considered aggravated if committed: 1) In the presidential palace or in the presence of the president, 2) Where public authorities are performing their duties, such as an electoral precinct on election day, 3) At night, in an uninhabited area, or by a band if it facilitated the crime, ensured impunity, or the offender took advantage, 4) By a band of 3 or more armed people. The nighttime and uninhabited area circumstances only aggravate if deliberately used to facilitate the crime or ensure immunity.

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    Article 14 Par.5-6 Petate

    Uploaded by

    Michaela Atutubo
    30 views7 pages
    The document discusses aggravating circumstances under Philippine law. It outlines 4 situations where a crime would be considered aggravated if committed: 1) In the presidential palace or in the presence of the president, 2) Where public authorities are performing their duties, such as an electoral precinct on election day, 3) At night, in an uninhabited area, or by a band if it facilitated the crime, ensured impunity, or the offender took advantage, 4) By a band of 3 or more armed people. The nighttime and uninhabited area circumstances only aggravate if deliberately used to facilitate the crime or ensure immunity.

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    The document discusses aggravating circumstances under Philippine law. It outlines 4 situations where a crime would be considered aggravated if committed: 1) In the presidential palace or in the presence of the president, 2) Where public authorities are performing their duties, such as an electoral precinct on election day, 3) At night, in an uninhabited area, or by a band if it facilitated the crime, ensured impunity, or the offender took advantage, 4) By a band of 3 or more armed people. The nighttime and uninhabited area circumstances only aggravate if deliberately used to facilitate the crime or ensure immunity.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    30 views7 pages

    Article 14 Par.5-6 Petate

    Uploaded by

    Michaela Atutubo
    The document discusses aggravating circumstances under Philippine law. It outlines 4 situations where a crime would be considered aggravated if committed: 1) In the presidential palace or in the presence of the president, 2) Where public authorities are performing their duties, such as an electoral precinct on election day, 3) At night, in an uninhabited area, or by a band if it facilitated the crime, ensured impunity, or the offender took advantage, 4) By a band of 3 or more armed people. The nighttime and uninhabited area circumstances only aggravate if deliberately used to facilitate the crime or ensure immunity.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 7

    ARTICLE 14

    AGGRAVATING
    CIRCUMSTANCES

    PAR. 5. That the crime be committed:


    1.In the palace of the chief executive;
    2.In his presence;
    3.Where public authorities are engaged in the
    discharge of their duties; or
    4.In a place dedicated to religious worship.
    -The place of the commission of the felony, if it is
    Malacanang palace or church, is aggravating regardless of
    whether state of official or religious functions are being
    held
    -The president need to be in Malacanang palace.
    His presence alone in any place where the crime
    is committed is enough to constitute the
    aggravating circumstance.

    -Offender must have intention to commit a crime


    when he entered the place.
    NOTE:
    An electoral precint during election day is a
    place "where public authorities are engaged in
    the discharge of their duties"

    Par. 5. Where public Authorities are Engaged in the Discharge of


    their Duties
    •Public authorities are in the performance of their duties.

    Place where public duty is performed


    •In thier office

    The offended Party


    •May or may not be the public authority
    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.
    When nighttime, uninhabited place or band
    aggravating:
    1.When it facilitated the commission of the crime;
    2.When specially sought for by the offender to insure
    the commission of the purpose of impunity; or
    3.When the offender took advantage thereof for the
    purpose of impunity
    NIGHTTIME (OBSCURIDAD)

    •That period of darkness beginning at end of dusk and


    ending at dawn. Nights are from sunset to sunrise.
    •By and of itself , nighttime is not aggravating. It
    becomes so only when it is especially sought by the
    offender, or taken advantage by him to facilitate the
    commission of the crime or to ensure his immunity
    from capture.
    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.
    Uninhabited place (DESPOBLADO)
    One where there are no houses at all; a place at a
    considerable distance from town or where the houses are
    scattered at a great distance from each other.
    Band (EN CUADRILLA)
    -Whenever more than three armed malefactors
    shall have acted together in the commission of an
    offense it shall be deemed committed by a band.

    Requisites:
    1. Armed men or persons took part in the
    commission of the crime directly or indirectly
    and
    2. 2. The accused availed himself of their aird or
    relied upon them when the crime was
    committed.

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