Aggravating Nature Description/Elements Absorbs Absorbed By/ Inherent in the Notes

Circumstance Crime of/Not Applicable

1.1 That advantage be Generic (Mem Aid) As a means of ● This aggravating circumstance cannot be
taken by the offender of attaining his purpose, the public taken into account when taking advantage
his public position. officer must use (IPA): of official position is an integral element of
1. Influence; a crime(People vs Tevez)
2. Prestige; or ● This is inherent in the case of accessories
3. Ascendancy under Art 19, Par 3 (harbouring, concealing
or assisting in the escape of the principal of
the crime)
● Applicable only if offender is a public officer

2.1 That the crime be Generic
committed in contempt
or with insult to the
public authorities.
Amurao: ● “Person in authority” - "Any person who, by
1. The public authority must direct provision of law or by election or by
be engaged in the appointment by competent authority, is
performance of his official charged with the maintenance of public
duty order and the protection and security of life
2. The public authority must and property, such as a barangay
not be the person against councilman, barangay policeman,
whom the crime is barangay leader, officers and members of
committed the Barangay Community Brigades, and
3. The offender knows him to any person who comes to the aid of person
be a public authority in authority. A barangay captain and/or
4. The presence of the public barangay chairman shall also be deemed a
authority did not prevent person in authority.
offender from committing ● Does not apply to a mere agent of a
the crime person in authority (i.e. policeman, but a
Chief of Police is a person in authority)

3.1 That the act be Generic Inherent in the Crime of ● The 4 circumstances under Par. 3
committed with insult or ● Direct Assault (disregard of rank, age, sex, dwelling), are
in disregard of the counted as 1 aggravating circumstance
respect due the ● The circumstance of rank, age or sex may
offended party on be taken into account only in crimes
account of his Rank,. against persons or honor, when in the
commission of the crime, there is some
insult or disrespect to rank, age or sex
(People v. Pagal, No. L-32040, October 25,
1977)
● The insult must be deliberate
● There must be a difference in the social
condition of the offender and the offended
party

3.2 That the act be Generic ● The 4 circumstances under Par. 3

committed with insult or (disregard of rank, age, sex, dwelling), are
in disregard of the counted as 1 aggravating circumstance
respect due the ● The circumstance of rank, age or sex may
offended party on
account of his Age,
3.3 That the act be Generic
committed with insult or
in disregard of the
respect due the
offended party on
account of his Sex
3.4 That the act be Generic
committed in the
dwelling of the offended
party, if the latter has
not given provocation
Amurao
1. The crime must be
committed in the dwelling
of the offended party
2. The offended party has not
given provocation
3. There must be specific
evidence to show that the
offender intentionally and
deliberately disregarded
the respect the law accords
to another’s dwelling
Not applicable if
● The offender acted with
passion and obfuscation
● When there exists a
relationship between the
offended party and the
offender
● When the condition of being a
woman is indispensable
(abduction, seduction)
● ●
Absorbed by
● Treachery (People vs
Catapang) (MemAid)
(Personal Note: The crime in
the case did not occur in the
dwelling of the victim)
Crime of
● Robbery with force upon
things
● Trespass to Dwelling
● Violation of Domicile
● Robbery in an inhabited place
be taken into account only in crimes
against persons or honor, when in the
commission of the crime, there is some
insult or disrespect to rank, age or sex
(People v. Pagal, No. L-32040, October 25,
1977)
● The insult must be deliberate
● Refers to the old age or the tender age of
the victim
● The 4 circumstances under Par. 3
(disregard of rank, age, sex, dwelling), are
counted as 1 aggravating circumstance
● The circumstance of rank, age or sex may
be taken into account only in crimes
against persons or honor, when in the
commission of the crime, there is some
insult or disrespect to rank, age or sex
(People v. Pagal, No. L-32040, October 25,
1977)
The insult must be deliberate
● Refers to the female sex only
● The 4 circumstances under Par. 3
(disregard of rank, age, sex, dwelling), are
counted as 1 aggravating circumstance
● Dwelling must be a building or structure,
exclusively used for rest and comfort. A
combination of a house and a store or a
market stall is not a dwelling.
● Dwelling includes dependencies, the foot of
the stairs, and enclosure of the house.
○ A bench beside one’s house is not part of
one’s dwelling (People vs Sarino)
● The dwelling need not be owned by the
victim
● A person could have multiple dwellings
● Dwelling cannot be considered when
accused and the victim live in the same
house EXCEPT in the case of adultery
where the paramour lives in the same
dwelling (US vs Ibanez)
● It is not necessary that the accused should
have actually entered the dwelling of the
victim to commit the offense. It is enough
that the victim was attacked inside his own
abode, although the assailant might have
devised means to perpetrate the assault
from the outside
 ● Provocation must be (GSI)
○ Given by the owner of the dwelling
○ Sufficient
○ Immediate to the commission of the
crime
○ Additional req: Must have a close
relation to the commission of the crime

4.1 That the act be Generic BUT may Amurao Crime of ● The confidence between the parties must
committed with Abuse also be Qualifying in 1. The offended party trusted ● Qualified Seduction be immediate and personal, such that the
of confidence the crime of Qualified the offender ● Qualified Theft accused would have some advantage pr
Theft 2. The offender abused such ● Estafa by conversion or makes it easier for him to commit the
trust by committing the appropriation criminal act.
crime against the offended ● Malversation ○ Being friends does not imply abuse of
party confidence
3. The abuse of confidence
facilitated the commission
of the crime, the culprit
taking advantage of the
offended party’s belief that
the former would not abuse
such confidence

4.2 That the act be Generic Mem Aid (TAO)

committed with abuse of 1. The offended party Trusted
confidence or Obvious the offender
ungratefulness. 2. Offender had Abused such
trust by committing the
crime against offended
party
3. The act be committed with
Obvious ungratefulness

5.1 That the crime be Generic 1. The crime was committed ● Chief Executive does not have to be in the
committed in the palace in the Palace of the Chief palace
of the Chief Executive Executive
2. There is specific evidence
to show that the accused
deliberately disregarded
the respect due to the
Palace

5.2 That the crime be Generic

committed in the
presence of the Chief
Executive

5.3 That the crime be Generic ● (Amurao) It is enough that the accused
committed where public committed the crime in a place used by the
authorities are engaged
in the discharge of their
duties
5.4 That the crime be Generic
committed in a place
dedicated to religious
worship.
6.1That the crime be
committed in the night
time
6.2 That the crime be Generic
committed in an
uninhabited place,
6.3 That the crime be Generic
committed by a band
1. The offender commits the
crime during nighttime
2. Nighttime:
a. Is especially sought after
by the offender; or
b. Taken advantage by him to
facilitate the commission of
the crime; or
c. To ensure his immunity
from capture
1. There are at least 4 armed
malefactors
2. They must all be principals
by direct participation
(Reyes says that if one of
four men is a principal by
inducement, they do not
form a band)
● Aid of armed men
● Abuse of superior strength
(Reyes)
● Use of firearms (Reyes)
public authorities in the discharge of their
duties. It is not necessary that the public
authority should be in the actual
performance of his official duty.
● As opposed to Par. 2, the offended party
may or may not be the public authority
Crime of ● Cemeteries are not considered places
● Offending the religious dedicated to religious worship.
feelings ● Must be dedicated to PUBLIC religious
worship; PRIVATE chapels are not
included
● It is not required that a religious ceremony
is ongoing
● It is the darkness of night which should be
taken advantage of, and not the time of
commission
● Where the place of the crime is illuminated
by light, nighttime is not aggravating.
Illumination can come from the moon, torch
or gasera.
● Nighttime begins at end of dusk and ends
at dawn. Nights are from sunset to sunrise.
● It cannot be applied to cases involving an
accidental meeting, a chance encounter, or
a spur of the moment
● Not aggravating if the commission began at
daytime
Absorbed by ● An uninhabited place is one where:
● Treachery ○ There are no houses at all
○ At a considerable distance from the town
○ All the houses are scattered at a great
distance from each other
● Uninhibitedness is determined by the
reasonable possibility of the victim
receiving some help
● The uninhabited place must be deliberately
selected to perpetrate the crime
Crime of ● A stone is considered a weapon
● Brigandage
Not applicable to
● Crimes against chastity
(Reyes)
Absorbed by
● Treachery
7.1 That the crime be Qualifying (i.e. ● The offender should deliberately take
committed on the homicide becomes advantage of the occasions mentioned in
occasion of a murder) orde to facilitate the commission of the
conflagration, crime
shipwreck, earthquake,
epidemic or other
calamity or misfortune.

8.1 That the crime be Qualifying 1. The armed men or persons
committed with the aid took part in the commission
of armed men of the crime, directly or
indirectly
2. The accused availed
himself of their aid or relied
upon them when the crime
was committed
Absorbed by ● It is enough that 2 persons are armed
● Band ● Actual aid of armed men is unnecessary.
Psychological reliance on the aid of armed
men is sufficient
● Note that this may be taken independently
with abuse of superior strength

8.2 That the crime be Qualifying 1. The armed men or persons

committed with the aid took part in the commission
of persons who insure of the crime, directly or
or afford impunity. indirectly
2. The accused availed
himself of their aid or relied
upon them when the crime
was committed

9.1 Accused is a Generic A recidivist is one who, at the ● Homicide and Robbery with Homicide are
recidivist time of his trial for one crime, under different titles
shall have been previously ● Before the effectivity of RA 8353, or before
convicted by final judgment of Oct 22 1997, rape is under crimes against
another crime embraced in the chastity. After the date, it is considered a
same title of the Code. crime against persons. A person who
commits rape twice; before and after the
effectivity of EO 8353, is not a recidivist
● Absolute pardon does not affect recidivism,
but amnesty does. If given amnesty, it is as
if the person never committed the crime
● If both offenses are committed on the same
date, they shall be considered only one,
hence they cannot be separately counted
in order to constitute recidivism

10.1 That the offender Generic See title ● Note that actual service of sentence is
has been previously essential in reiteracion
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.
(Reiteracion)

11.1 That the crime be Qualifying in murder Absorbs ● The price, reward, or promise must be the
committed in but Generic if it ● Price reward or promise, BUT primary reason or primordial motive for the
consideration of a price, concurs with other only insofar as the inducer is commission of the crime. It must be the
reward, or promise qualifying concerned sole motivating factor.
circumstances if it ● There are at least 2 principals: direct
concurs with other participation and inducement. The
qualifying aggravating circumstance applies to both
circumstances (i.e.
treachery)

12.1 That the crime be Qualifying Crime of ● As opposed to Par. 7, the circumstances
committed by means of ● Arson enumerated in this paragraph are the
inundation, fire, poison, ● Crimes involving destruction means employed rather than
explosion, stranding of (Crime talaga yan under Art circumstances taken advantage of
a vessel or international 324) ● If fire was a means to kill, the crime is
damage thereto, ● Damage and obstruction to murder. If the purpose was to burn an
derailment of a means of communication. edifice or building and death results, the
locomotive, or by the crime is arson, and the resulting homicide
use of any other artifice is absorbed
involving great waste
and ruin

13.1 That the act be Qualifying (Mem Aid)The prosecution must
committed with evident prove: (TAS)
premeditation. 1. The time when the offender
determined to commit the
crime
2. An act manifestly indicating
that the offender clung to
his determination
3. A sufficient lapse of time
between the determination
and execution of the crime,
to allow him to reflect upon
the consequences of his
act and to allow his
conscience to overcome
the resolution of his will
● Price reward or promise, Not applicable to (Unless if there
BUT only insofar as the was a general plan to kill anyone)
inducer is concerned ● Aberatio ictus
● Error in personae
Crime of
● Robbery (but not in robbery
with homicide if the
premeditation included the
killing of a victim)
● There must be sufficient time between the
outward acts and the actual commission of
the crime, thus the date of premeditation is
essential.
● Evident premeditation is presumed to exist
when conspiracy is directly established
(People vs Sapigao)
● The person premeditated against must be
the same victim of the crime
● The victim need not be identified. Evident
premeditation is present when the accused
decided to kill any individual he should
meet from a particular town or city

14.1 That craft be Generic Involves the use of intellectual Absorbed by ● The act of the accused is done not to
employed. tricker or cunning on the part of ● Treachery if they have arouse the suspicion of the victim
the accused. m9been deliberately adopted constitutes craft.
as the means, methods or
forms for the treacherous
strategy
14.2 That fraud be Generic Involves the use of insidious
employed. words or machinations used to
induce the victim to act in a
manner which would enable the
offender to carry out his design
14.3 That disguise be Generic Resorting to any device to
employed. conceal his identity
15.1 That advantage be Qualifying It denotes the use of excessive
taken of superior force out of proportion to the
strength means available to the person
attacked to defend himself.
There must be a notorious
inequality of forces between the
victim and the aggressor.
15.2 Means be Qualifying
employed to weaken
the defense.
16.1 That the act be Qualifying and Mem Aid
committed with Specific (Because it 1. That at the time of the
treachery (alevosia) only applies to crimes attack, the victim was not in
against persons) a position to defend himself
2. That the offender
consciously adopted the
particular means, method,
or form of attack employed
by him
Absorbed by
● Treachery if they have been
deliberately adopted as the
means, methods or forms for
the treacherous strategy
Crime of
● Estafa
Absorbed by
● Treachery if they have been
deliberately adopted as the
means, methods or forms for
the treacherous strategy
Crime of
● Parricide where the husband
kills the wife
● Rape where a man rapes a
woman
Absorbed by
● Treachery
● Band (Reyes)
Remember CAN-ABE
● Craft, Fraud, Disguise
(Except when craft was
employed not with a view
to making treachery more
effective as nighttime and
abuse of strength would in
the killing of the victim)
● Abuse of superior strength
● Nighttime
● Aid of armed men
● Band
● Employing means to
weaken the defense
● Taking advantage of public
● No craft if the accused’s criminal design
could have been carried out even without
the chicanery
● It is still aggravating even if the disguise
falls apart, thus paving the way for the
identification of the accused
● When the victim is alternatively attacked,
there is no abuse of superior strength
● There must be deliberate intent to take
advantage of superior strength
● The circumstance depends on several
factors including but not limited to age, sex,
size, weapon, number, strength of the
parties, etc.
● There is no abuse of superior strength if
the health, strength, agility and superiority
actually lies not with the accused but with
the victim (i.e. it is not the accused’s fault if
the victim was handicapped)
● Applies only to crimes against persons
● Treachery is taken into acoount even if the
crime against the person is complexed with
another felony involving a different
classification in the Code
● When the aggression is continuous,
treachery must be present at the beginning
of the assault. If not continuous, it is
sufficient that treachery was present at the
moment the fatal blow was given.
● Treachery may be taken into account even
if the attack is frontal if it is sudden and
unexpected and perpetrated in a way to
especially insure its execution without any
risk to the offender.
 position (Amurao) (If public ● Applicable even if the victim was
position is used to catch forewarned for as long as the attack was
victim unaware.) made such that it was impossible for the
victim to defend himself
● Applicable to aberatio ictus, error in
personae and praeter intentionem because
when there is treachery, it is impossible for
either the intended victim or the actual
victim to defend himself
● Attack from behind is not always treacher,
it must appear that such attack was
consciously adopted
● There is treachery when an adult attacks
and causes the death of a child of tender
years even if the manner of assault is not
shown. . The weakness of the child results
in the absence of any danger to the
accused.

17.1 That means be Qualifying It is a circumstance pertaining to Crime of ● No ignominy if the victim was already
employed or the moral order which adds ● Libel (MemAid) dead when the ignominious act was
circumstances brought disgrace ang obloquy to the ● Acts of Lasciviousness committed
about which add material injury caused by the (Memaid)
ignominy to the natural crime
effects of the act.

18.1 That the crime be Generic It is when an entrance(and not Crime of

committed after an for escape) is effected by way ● Robbery with force upon
unlawful entry. not intended for the purpose (i.e. things
chimney, window when window ● Trespass to dwelling
is not broken) ● Violation of domicile
● Evasion of service of
sentence, if such evasion or
escape shall have taken place
by means of unlawful entry
● Robbery in an inhabited place,
public building or place
dedicated to religious worship
(Amurao)
● Robbery with Homicide
(Amurao)
● Robbery in an uninhabited
place or in a private building
(Amurao

19.1 That as a means to ● It is not necessary that the offender enters

the commission of a the building
crime a (WaRD FloW)
Wall, Roof, Door, Floor,
or WIndow be broken

20.1 That the crime be Generic ● “Under 15” so 15 flat is not included
committed with the aid
of persons under fifteen
years

20.2 That the crime be Qualifying Not applicable to ● Should use motor vehicle in
committed by means of circumstance under ● Theft since the act is ○ Going to the place of the crime
motor vehicles, Art 248 Par. 3 committed by merely taking ○ Carrying away the effects thereof
motorized watercraft, (Murder) personal property which need ○ In facilitating their escape
airships, or other similar not be carried away. (People
means. vs Real)

21.1 Cruelty Qualifying (Memaid) Requisites of Cruelty ● Cruelty refers to physical suffering, while
1. That the injury caused be ignominy refers to moral suffering
deliberately increased by ● There must be proof that the physical
causing other wrongs suffering has been caused while victim was
2. That the other wrong be still alive
unnecessary for the
execution of the purpose of
the offender

21.2 Outraging/ Scoffing Qualifying Outrage - means to grossly ● In scoffing, the victim must already be dead
insult
Scoff - Means to show contempt
by derisive acts