Art 14: Aggravating Circumstance

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    Aggravating Circumstances Delgado NotesAggravating Circumstances

    - if the circumstances are attendant, they increase the penalty to be inflicted,

    without exceeding the maximum

    Basis: greater perversity of the offender as manifested in the commission of the

    felony as shown by:

    1. the personal circumstances2. the time3. the means and ways employed4. the place5. the motivating power

    Kinds of A.C.:

    a. Genericb. Specificc. Qualifyingd. Inherente. Special

    A. Generic applies to all crimes like recidivism / reiteration

    Can be offset by an Ordinary Mitigating Increase the penalty to the maximum

    B. Specific applies to particular specific crimes like cruelty & treachery

    Cruelty and treachery applies only to crimes against personsC. Qualifying it changes the nature of the felony (treachery changes homicide

    into murder)

    Cannot be offsetChanges the nature of the crimeChanges the name of the offenseHe becomes liable for a new offense which is more serious

    D. Inherent cannot be appreciated as an A.C. since it is an element of the

    crime/ deemed absorbed in a felony

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    Aggravating Circumstances Delgado NotesE. Special special laws changes the nature of the crime like the dangerous

    drugs act

    Cannot be offset by O.M.

    IMMORAL MOTIVE not aggravating Art 14 21 a.c. = generally generic in nature, alto some are qualifying with

    regards to other crimes like murder

    x----------------------x

    1.

    TAKING ADVANTAGE OF OFFICIAL POSITIONa. He must use/take advantage of his positionb. The position should facilitate the commission of an offensec. Avail the P.I.A. as a means of securing the execution;

    i. Prestigeii. Influenceiii. Ascendancy

    d. Abuse his officee. If the accused could have committed the stupid crime without

    having occupied his position, then there is no abuse of public position

    (p. vs. ordiales 42 scra 238)

    f. Wearing uniform-abduction (U.S. vs Yumul) ACg. Robbery by chief of police (P vs. Cerdena) AC

    Not considered when it is an integral elementh. Rpc-art 217 malversationi. Falsification of public documents (people vs teves)

    NO AC of TAO Positionj. When the public officer did not intend to use his position;i. Provocationii. Passion and obfuscation

    k. The policeman, pistol whipped the deceased, because he wasattacking the policemans brother (People vs Cepaloc)

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    Aggravating Circumstances Delgado Notesl. Justice of peace- misappropriation- not aggravating- there were no

    legal proceedings

    WEARING OF UNIFORM IS IMMATERIAL IN SOME CASESm.If the victim knows youre a public officer-even when not wearing

    unif= AC (P.vs Tongco)

    n. The mere fact that youre wearing uniform alone= does notnecessarily mean that you are TAO Position (p vs. Pantoja)

    Failure in official duties is tantamount to abusing office = AC (evenwithout actually abusing)

    a. US vs CAGAYAN vice mayor joined a band of brigands = ACx-------------------------------x

    2.Crime committed in Contempt of or with Insult to Public Authorities

    b. Based on the greater perversity as shown by his lack of respect forP.A.s

    c. PUBLIC AUTHORITY-i. A person in authority (not merely an agent)ii. He is a public officer who is vested with jurisdiction; He has the

    power to govern and execute laws (ex: mayors, governor,

    (barangay captain/chairman(pd.1232))

    iii. Chief of Police, in People vs Rodil, should be considered as apublic authority, since he heads and supervises the entire

    police force in the municipality

    iv. Barangay chairman;1. He is a person in authority2. Not aggravating if a policeman is present at the scene

    of the commission of the crime (People vs Verzo)

    v. Teachers not public authority within the contemplation ofthis paragraph

    1. They are PA only for purposes of art 148 direct assault,and art 152 resistance and disobedience

    d. Requisitesi. Public authority is engaged in the discharge of his dutiesii. He is not the victimiii. The offender must be aware that he is a public authority

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    Aggravating Circumstances Delgado Notese. PA not Victim otherwise it would be DIRECT ASSAULT and the AC

    would be deemed absorbed

    i. PA shot while on duty complex crime of homicide withdirect assault aggravated by the disregard of the victims rank

    x---------------x

    3.

    Act committed with Insult or Lack of Regard Due to the Offended Partyby Reason of SEX, Age, Rank; or the crime is committed in the Dwelling of

    the OP, if the OP has not given PROVOCATION

    a. If all are present = GR: will be considered only as one ACb. S-A-R are considered in Crimes Against Persons, Security, Honorc. S-A-R are NOT considered in crimes against PROPERTY

    i. Robbery with Homicide is a crime against property1. Homicide is a mere incident of the robbery

    d. with insult or in disregardi. The act must be specificii. There must be a deliberate intention to offend or insult the S-

    A-R

    e. NOOOT CONSIDERED in:i.

    Passion and Obfuscation (negates intention)ii. Intoxication (alternating- negates or aggravates; depends)iii. Or if there exists a relationship (even if the fucker is a

    sexegenarian)

    1. Master servant2. Husband and wife3. Bonie and clyde4. Pain and panic lol

    f. Cases involving RANK:i. Killing a judge cause hes a strict asshole (p. vs valeriano)ii. Chancellor killed the superior consul (p.vs Godinez)iii. Clerk killed a high ranking official (p. vs benito)iv. Chief of secret service killed the chief of police (p. vs hollero)

    g. Cases involving Agei. If the victim is really old or really young

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    Aggravating Circumstances Delgado Notesii. If the victim couldve been the father of the accused because

    of the disparity in the age (15 years or more)

    h. Cases involving good sexi. Sasha gray vs maria ozawa lol

    i. Cases involving sex as an ACi. Compelling a woman to go to his house against her will (US vs

    Quevengco)

    1. Sex is not considered in Se-R-A-P; because being awoman is an element

    a. Seductionb. Rapec. Abductiond.

    Parricideii. There must be a specific insult or disrespect to her

    womanhood

    j. RANKi. It refers to a high social position or a standing as a grade in

    the armed forces; or to a designation or title or distinction, in

    matters of privileges, precedence, and sometimes command;

    or to any scale of comparison, status, or grade

    k. DWELLINGi. Moradaii. Includes the dependencies, staircase, and enclosures under the

    house (p vs. Alcala 40 phil)

    iii. Rationale is the offenders deliberate invasion of thetranquillity of ones domicile, which shows some greater fucked

    up perversity; he who goes to anothers house to hurt him is

    more guilty than he who offends him elsewhere

    iv. PLACE must be used EXCLUSIVELY for Dwellingv. NOT DWELLING:

    1. A combination of house+store (p. vs Magnaye)2. A market stall, alto he usually slept there (p. vs

    MacASO)

    3. Gamblinghouse/prostitution (U.S. vs Balmori/ baguio)4. If there was provocation (unless its not immediate)5. If occupants of the same house (US vs Rodriguez)

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    Aggravating Circumstances Delgado Notes6. Killed outside the house (unless kinuha mula sa loob)7. Killed at the foot of the stairs (people vs diamonon 94

    SCRA)

    a. But Aquino, J dissentedvi. GR: It must belong to the offended party (p. vs guhinting 88

    phil)

    1. Exception: PEOPLE VS BASA (83 Phil)2. A person does not lose his right of privacy where he is

    offended in the house of another because invited as

    guests (p. vs balansi)

    vii. CASES INVOLVING DWELLING1. Adultery breach of fidelity and respect due to the

    conjugal home2. Robbery with homicide/ robbery with violence sincedwelling is not an element (p. vs Apduhan jr.)

    a. Meaning it could be accomplished withouthaving violated the sanctity of the dwelling

    b. Not AC in robbery with force upon things(inherent)

    3. In people vs Daniel dwelling includes a room in aboarding house; it is not necessary that he owns the

    place; as long as he lives or dwells there, it is his homewhich the law seeks to protect; whether he is a lessee, a

    boarder, or a bed spacer. Even if it is only a temporary

    residence

    4. Killed at the Staircase (p vs Alcala;Gida) still andintegral part of the house

    5. Knock knock, bang (people vs talay)6. Accused lives in the bodega; same house\\ Bodega of

    wine store is distinct from residential portion of the

    house = still aggrev (p vs chiu ning go) = different

    apartments

    7. Taken from the inside of the house- killed outside(p.vs.jardiniano, et al)

    8. Husband killed the estranged wife- in another house(not conjugal house) people vs GALAPIA

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    Aggravating Circumstances Delgado Notesx-------------x

    4th

    Abuse of confidence or obvious ungratefulnessa. Requisites;

    i. Trustii. Abused trustiii. Such abuse of confidence facilitated the commission of the

    crime

    b. Such trust must be:i. Immediateii. Personal

    c. Makes crime easier to commitd. If they have just met each other it cannot exist- no trust broe. Example:

    i. Sweetheart invited honey in order to kill her1. But its not present where the offender fled w