AGGRAVATING CIRCUMSTANCES 4. That the act be committed with abuse of confidence or obvious ungratefulness.

Requisites: a. That the offended party had trusted the offender b. That the offender abused such trust by committing a crime against the offended party c. That the abuse of confidence facilitated the commission of the crime Take note (abuse of confidence): a. The confidence must facilitate the commission of the crime, the culprit taking advantage of offended partys belief that the former would not abuse said confidence b. The accused must not be capable of resistance c. The confidence between the offender and the offended party must be immediate and personal d. Inherent in: - Malversation - Qualified theft - Estafa by conversion or misappropriation - Qualified seduction Take note (ungratefulness) a. It must be obvious manifest and clear

5.

That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

Take note (place of Executive or in his presence): a. The place of the commission of felony, either Malacanang or church, is aggravating, regardless of whether State or official or religious functions are being held b. The President need not be in Malacanang. His presence alone in any place where the crime is committed is enough to constitute aggravating circumstance c. Also aggravating even if the President is not engaged in the discharge of his duties in the place where the crime is committed Take note (public authorities are engaged in the discharged of their duties): a. There must be some performance of public functions Take note (place dedicated to religious worship): a. Intent to commit a crime must be had before entering such place (the same is true with in the palace or where public authorities are engaged in the discharged of their duties)

6.

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.

Take note: a. The three circumstance constitute only one aggravating circumstance if they concur in the commission of a felony b. But they may be considered separately when their elements are distinctly perceived and can subsist independently, revealing a greater degree of perversity c. They are aggravating: - When it facilitated the commission of the crime; or - When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or - When the offender took advantage thereof for the purpose of impunity Take note (night time):

a.

b. c.

The accused must took advantage of the darkness for the more successful consummation of his plans, to prevent his being recognized, and that the crime be perpetrated unmolested, or interference can be avoided, or there would be greater certainty in attaining the ends of the offender (facilitate the commission of the crime) It need not be specifically sought for when (1) it facilitated the commission of the offense, or (2) the offender took advantage of the same to commit the crime For the purpose of impunity means to prevent the accused from being recognized, or to secure himself against detection and punishment

Take note (uninhabited place): a. Whether or not the crime committed is attended by this aggravating circumstance should be determined not by the distance of the nearest house from the scene of the crime, but whether or not in the place of the commission of the offense there was a reasonable possibility of the victim receiving some help b. Solitude must be sought as an aid either (1) to an easy and uninterrupted accomplishment of their criminal designs, or (2) to insure concealment of the offense, that he might thereby be better secured against detection and punishment Take note (by a band): a. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band b. All the armed men must take direct part in the execution of the act constituting the crime c. Not applicable to crimes against chastity d. Abuse of superior strength and use of firearms, absorbed by the aggravating circumstance of by a band e. Inherent in brigandage f. Aggravating in robbery with homicide *** when the meeting between the offenders and the offended group of the deceased was casual, the offenders could not have

sought for the circumstance of night time, uninhabited place, and their forming a band. When the offenders attacked the group of the deceased in the heat of anger, they could not have taken advantage of such circumstances. And since they did not afford the offenders any advantage, such circumstances could not have facilitated the commission of the crime

7.

That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

Take note: a. It is found on the debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them

8.

That the crime be committed with the aid of armed men or persons who insure or afford impunity.

Requisites: a. That armed men or persons took part in the commission of the crime, directly or indirectly b. That the accused availed himself of their aid or relied upon them when the crime was committed Take note: a. The armed men must take part directly or indirectly b. Absorbed by employment of a band c. Exceptions: - When both parties are equally armed - 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

9.

That the accused is a recidivist.

Recidivist: a. That the offender is on trial for an offense

b. c. d.

That he was previously convicted by final judgment of another crime That both the first and the second offenses are embraced in the same title of the Code That the offender is convicted of the new offense

Take note: a. Pardon does not obliterate the fact that the accused was a recidivist b. But amnesty extinguishes the penalty and its effects c. Not necessary that the offender has served out his sentence; it is enough that final judgment has been rendered in the first offense d. Always taken into consideration in fixing the penalty to be imposed

10. That the offender has been previously punished by 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. Requisites: a. That the accused is on trial for an offense b. That he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense c. That he is convicted of the new offense Take note: a. In reiteracion or habituality, it is essential that the offender be previously punished, that is, he has served sentence b. It is the penalty attached to the offense, not the penalty actually imposed c. Previous and subsequent offense must NOT be embraced in the same title of the Code d. Reiteracion or habituality, not always aggravating Habitual delinquency a. A person, within a period of ten years b. From the date of his release or last conviction c. Of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification d. Is found guilty of any of said crimes e. A third time or oftener Quasi-recidivism a. Any person who shall commit a felony b. After having been convicted by final judgment c. Before beginning to serve such sentence d. Or while serving the same e. Shall be punished by the maximum period of the penalty prescribed by law for the new felony

11. That the crime be committed in consideration of a price, reward, or promise. Take note: a. There must be two or more principals, the one who gives or offers the price or promise and the one who accepts it, both of whom are principals by inducement and by direct participation, respectively b. The price, reward, or promise must be for the purpose of inducing another to perform the deed 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. Take note: a. Must be used by the offender as a means to accomplish a criminal purpose b. When another aggravating circumstance already qualifies the crime, any of these aggravating circumstances shall be considered as generic aggravating circumstance only c.

13. 14. 15. 16. 17.

18. 19. 20. 21. 22.

That the act be committed with evidence premeditation. That the craft, fraud or disguise be employed. That advantage be taken of superior strength, or means be employed to weaken the defense. That the act be committed with treachery (alevosia). There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438). That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions.