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 when kissed

    by her master and who subsequently raped her, cause

    from the moment he kissed her, the confidence reposed

    on him was already lost (people vs luchico)

    ii. Houseboy had access to all her rooms ;)(villas)iii. Accused stayed with the familyiv. Servant to the family killed the child (caliso 58 phil)

    1. But not where the accused raped the girl who wasentrusted to his care by the parents since the

    confidence is not personal nor immediate with respect

    to the accused and the girl (it was on the parents)

    v. Robbed and killed after having fed and lodged (pajanustan)vi. Robbery committed by a visitor is aggravated by obvious

    ungratefulness (US vs Barcicho)

    vii. While giving coffee to accused he was attacked (bautista)viii. Killed without paying rent (baloyo)

    f. NO ABUSE CASES:i. Rape when theyre together not because of trust but

    because they were partners in certain business

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    Aggravating Circumstances Delgado Notesii. People vs ong theyre together just because the accused

    invited the victim to go clubbing and to pay up

    iii. Abuse of confidence is inherent in malversation(217), qualifiedtheft(310) estafa by conversion or misappropriation(315), and

    qualified seduction (337)

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

    5th

    crime committed in the (a) Palace of the Chief Executive; (b) in hispresence; (c) where public authorities are engaged in the discharge of the

    duties; (d) or a place dedicated to religious worship

    a. In A, B, and D, performance of function is not necessaryb. Its necessary in Cc. NOT AGGRAV:d. When the assault was committed inside the court, after the court

    has adjourned, this AC is not present (US vs Punsalan)

    e. AGGRAV:i. But it is present when the accused killed the deceased in the

    presence of the chief of police who was investigating them (De

    Ananias 96 phil)

    ii.

    Murder in a polling place during election day people vscanoy

    iii. Killing inside the churchiv. Injust vexation kissing a girl while the religious service was

    being solemnized

    f. It is necessary to show that the offender must have sought any of theabove places for the commission of the crime (jaurigue) it would

    not be aggrav if it was casually committed therein

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

    6th

    Nighttime, uninhabited place, or by banda. If all these AC are present, all will constitute only as one as a GR

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    Aggravating Circumstances Delgado Notesb. But they can be considered separately if their elements are distinctly

    perceived and can subsist independently

    c. NIGHTi. The period of darkness beginning at dusk, ending at dawnii. Sunset to sunriseiii. To be AC- crime must be committed exclusively at nighttime

    1. It is used to facilitate the commission of the crime, toinsure immunity from capture

    iv. NOT AC WHEN:1. Intoxication2. Accidental/ chance meetings3. It was made at the impulse of the moment4.

    Bribery/bigamy no fucking connection5. When it is absorbed in treachery

    6. If it was not specifically sought for in the commission ofthe crime

    d. UNINHABITED PLACEi. Took advantage of the isolated either;

    1. That he might better attain his end, free frommolestation

    2. He might better secure himself against detection (p. vsAguinaldo)

    ii. Its not determined by distance of the nearest house from thecrime scene

    iii. The test is : W/O/N in the place of the commission of theoffense there was reasonable possibility of receiving help

    iv. It must be hard to receive help/ and easy for the accused toescape punishment

    v. The solitude was purposely sought to facilitate the commissionof the felony

    vi. When not considered:1. Killed on the road- road was usual route of the victim

    (it must be shown that the accused selected the place to

    obtain their object without interference/ or to secure

    himself against detection and punishment)

    2. When not purposely sought for if there is no intention

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    Aggravating Circumstances Delgado Notes3. If there are other near houses- even when killed inside

    the house

    vii. AC if committed in the open sea (people vs nulla)e. BANDf. En cuadrillag. At least 4 armed malefactors organized with the intention of

    carrying an unlawful design

    h. Should act togetheri. If one has no direct participation, like a Principal by inducement,

    there is no band (gamara vs Valero 51 scra)

    j. Weapon? Arm?i. The law does not define what kind of weaponii.

    As long as it is capable of inflicting injuries upon the victim, itmay be considered as arms for the purpose of the law on

    cuadrilla

    k. Cases involving bandi. Even if there are 20, but only 3 are armed there is no bandii. If there are at least 4 armed acting together towards the

    commission of the crime = band

    iii. If prosecution cannot prove that at least 4 were armed = noband

    iv. 4 armed person were charged with robbery with homicide-during the trial one of them was acquitted = crime was still BY

    BAND (people vs Estante Jr, 92 scra)

    v. Band is inherent in brigandage, but not in simple robberyvi. It is inherent in the crime of rape (p vs corpus)vii. Band is applied in treason (manayao)viii. Applicable to crimes against person, such as murder (alcaraz)

    ix. Band and abuse of superior strength has the same essencewhich is the use of combined strength to overpower victim

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

    7th

    Crime committed on the occasion of a CalamityA. The term CALAMITY or MISFORTUNE

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    Aggravating Circumstances Delgado Notes Refers to conflagration; Shipwrecks; Earthquake; Epidemic (p vs. corpus)

    B. The defendant committed arson on his building, when there was anearlier fire coming towards his place, taking advantage of the

    confusion occasioned by another fire it is AC (lao wan sing)

    C. Par7 is different from par 12D. In par7 its committed on occasion of a calamity; in par12 the used

    wasteful means

    E. Cases involving calamity or misfortune When the offender in the midst of a calamity, instead of

    lending aid to the afflicted, he adds to their suffering bytaking advantage of their misfortune

    Chaotic conditions after liberation from war is not included =not AC

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

    8th

    Aid of armed men who insure or afford impunityA.

    The men must take part either directly or indirectly

    B. But it must not appear that the offender as well as the armed menacted under the same plan, Otherwise there would be Conspiracy (p

    vs. piring;candado)

    C. Cases: Not AC if offender did not avail of their presence If used as a means to insure the execution absorbed in

    treachery

    Applicable to principal by inducement It absorbs BY BAND

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

    9th

    Recidivism

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    Aggravating Circumstances Delgado NotesA. RECIDIVIST

    A rescidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgement of another crime embraced in the same title of the RPC

    B. it involves at least 2 convictions the 1st conviction must be by final judgement the 2nd must be made after the final judgement of the 1st must be embraced under the same title

    C.judgement is final after 15 days from promulgationD. its IMPRESCRIPTABLEE. even if pardoned can still be a recidivist

    pardon merely extinguishes the penalty

    but if given amnesty- since it extinguishes all effects of thelaw- not AC

    F. it is a form of plurality of crimes like reitiracion, habitualdelinquency, and quasi recidivism

    G. if committed on the same date = it is only considered as one = norecidivism

    H.TIME OF THE TRIAL = controlling It is not required that at the time of the commission of the

    crim, the accused should have been convicted by a finaljudgement of another crime

    Must be alleged in the information, or proved during trial (ifthe dumbass dont object)

    I. example: robbery + theft = same title AC robbery+ robbery = same title AC

    J. MAY THE OFFENDER BE A RECIDIVIST AND A HABITUALDELIQUENT AT THE SAME TIME?

    YES. If the offender was convicted for the 3rd time of THEFT, the 1st

    and 2nd

    referring to robbery and estafa, rescidivism will be

    AGGRAVATING; at the same time he is also a habitual

    delinquent, and is sentenced to the additional penalty.

    Recidivism will no longer be AC, it is inherent in HD

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    Aggravating Circumstances Delgado Notes In HD its necessary that the succeeding offense be

    committed after conviction of the accused of for the preceding

    offense; in R it is sufficient that its committed after he was

    convicted by a finaljudgement

    Ordinary aggravating Affects only periods of penalty (except in prostitution and

    vagrancy art 202; and gambling PD 1602 which repealed Art

    192)

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

    10th

    Reiteracion or HabitualityA. REITERACION

    Offender must be previously punished He must have served the sentence For an offense which attaches or provides for an equal or

    greater penalty

    Than attached by law to the second offense; Or for two or more offenses in which the law attaches a lighter

    penalty

    B.a.k.a. Habituality

    C. the offender must have served his sentenceD.not always AC = depends on court discretion and circumstanceE. if the 2 offenses are embraced in the same code = recidivismF. RECIDIVISM VS REITERACION:

    In reiteracion the offender has served his sentence; while inrecidivism its enough that he is convicted by a final

    judgement

    In reiteracion, the offenses is not embraced in the same title/ inRecidivism = embraced in same title

    Reiteracion is not always AC, depends on discretion of thecourt/ Recidivism = always AC

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

    11th

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    Aggravating Circumstances Delgado Notes In consideration of a price, promise, or reward

    A. It affects equally both the inducer(offeror) and the induced(acceptor)

    B. Classifies the crime into murder, qualifying aggravatingC. The inducement must be the primary consideration in the

    commission of the crime

    D. If money was given out without any promise- this is circumstance isnot present

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

    12th

    Commission of Crime by means of Inundiation, Fire, Poision, Explosion,Stranding of a Vessel or intentional damage thereto, Derailment of

    Locomotive, or use of any other artifice involving great waste and ruin

    A. ART62 Par 1 this is the only AC which may constitute a CRIME initself

    if a building is set on fire = arson if in an arson somebody died = arson (death of person

    absorbed in arson)

    B. under art 326-A (as amended by RA 5467) the penalty of such arsonis death

    C. if death results by reason of arson arson with homicide specialcomplex crime

    D. if a building is burned as a means to kill the occupant = murder witharson (villarega)

    E. if the victim was 1st killed then the accused burned the house = heis guilty of 2 separate crimes of murder and arson (bersabal) ,

    because arson was committed to conceal murder (clamor)F. if a hand grenade was thrown = destructionG. if explosion was used to kill = murders

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

    13th

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    Aggravating Circumstances Delgado Notesevident premeditation

    A. elements: the time when the accused determined to commit the crime an act manifestly indicating that the accused has clung to his

    determination

    sufficient lapse of time between determination and execution,to allow him to reflect upon the consequences of his acts

    B. premeditation must be based on external acts and must be evident,not merely suspected, indicating deliberate planning

    C. if the determination to commit was immediately followed by theexecution = there can be no premeditation

    D. the criminal act must be preceded by cool thought and reflection ofthe resolution to carry out the criminal intent during the space oftime sufficient to arrive at a calm judgement

    E. there must be a full opportunity for meditationF. one hour sufficient in some cases, while two hours insufficient in other

    cases case to case basis

    G.when present: there is evident premeditation = even in praeter intentionem

    since there is a fucking intention

    if there is a fucking plan accused was waiting for the victim to appear then bang there must be a period of cool thinking to justify this AC mere lapse of time doesnt presume EP = there must be an

    overt act

    H.when absent if there are no plan= not even an evidence attack in heat of anger= negates intention/ Premeditation if there is no evidence of planning

    I. it must be proven as the act itself if the threats are not followed by any act which shows the

    tenacious persistence to carry out the said threats, then there

    is no EP

    mere threats to kill, without any evidence of sufficient time formeditation and reflection, do not constitute EP

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    Aggravating Circumstances Delgado Notes Stabbing/shooting/ etc on a sudden impulse- at the spur of

    the moment- negates EP = since there is no fucking time to

    think

    J. EP is inherent in crimes against property Inherent in crimes against property

    There must be an agreement and persons have tomeditate and reflect on the manner of carrying out the

    crime and they have to act immediately in order to

    succeed

    In crimes against property: Robbery Theft Estafa And analogous offenses When the accused would execute the preconceived act

    only after he thought out the method by which he

    intended to accomplish it = EP is inherent

    It is inherent in crimes against property, BUT it may beCONSIDERED in ROBBERY WITH HOMICIDE if there is

    premeditation to kill besides stealing

    K. EP ABSORBED in PRICE REWARD or PROMISE, but only in so far asthe inducer is concerned/ not the induced since one can be a

    principal by direct participation without the benefit of due reflection

    evident premeditation and conspiracyA. conspiracy does not necessarily imply premeditationB. premeditation can co-exist with price or reward with respect to the

    principal by direct participation, because it doesnt necessarily show

    that he had sufficient time to reflect upon the consequences of his

    acts

    C. premeditation is absorbed in price or reward with respect to theprincipal by induction (the fucking inducer)

    D. if there is conspiracy evident premeditation is presumed except in implied conspiracy = since there is no time to reflect

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    Aggravating Circumstances Delgado Notes this is not always true, as conspiracy does not necessarily

    involve evident premeditation which requires sufficient

    meditation and reflection

    E. EP requires time to reflect on the consequences of his actsF. Conspiracy arises at the very instant the conspirators agree to

    commit a felony and decide to commit it

    G.When conspiracy is directly established with proof of the attendantdeliberation and selection of the method, time and means of

    executing the crimes, the existence of evident premeditation may be

    taken for granted

    H.But when conspiracy is merely inferred from the acts of the accusedand there is no showing that there was an opportunity for reflection

    and persistence in the criminal intent that characterizes EP, suchcannot be taken for granted like any other of its kind.

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

    14th

    Craft , Fraud , Or Disguise is EmployedA. These are intellectual means in the commission of the crime and are

    separate aggravating circumstances

    B.CRAFT Is cunning or intellectual trickery or chicanery resorted to by

    the accused to carry out his evil design (people vs barrios)

    Examples: There is craft when the accuse pretended to be a person

    with authority in order to gain entrance to a house,

    then he performed acts of lasciviousness upon the victim

    who is a woman

    Deigning friendship, accused was able to lure the victimto the uninhabited place where the crime was

    thereafter committed

    In robbery, when one of the accused pretended to buysome cigarettes and asked for some water which

    induced the offended party to open the kitchen for

    them

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    Aggravating Circumstances Delgado Notes Pretended to be a soldier to gain entrance Chocolate filled with drugs- to weaken the resistance-

    to open her legs for him- sexual assault

    When craft is not present When the accused was in the stage of stupor

    (stupefaction) pag nakainom or naka tsonkee

    No deception or guile was used to kill Where the unlawful scheme could have been carried

    out just the same without the pretense

    CRAFT is ABSORBED IN TREACHERY If the means employed was deliberately adopted for

    the treacherous strategy

    o Example The accused pretended to be a driver-

    craft was used to steal the vehicle

    After hitching a ride, they asked the driverto take them somewhere, when in fact

    they planned to kill the driver there

    C. FRAUD Constitutes deceit manifested by insidious words or

    machinations

    Stepfather told the stepdaughter she would be taken toher lolas house, where in fact she would be taken

    somewhere else to be raped (p vs De leon)

    C copies the handwriting of X- invites B to a date- Bwent to a place thinking X invited him to date her C

    kills B there

    D.DISGUISE To conceal the identity If in spite the disguise, the offender was recognized, such

    cannot be aggravating (people vs sonsona)

    Sample sample sample: The used of an assumed name in the publication of libel Covering the face with a handkerchief Blackening the face

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    Aggravating Circumstances Delgado Notes Illegally wearing constabulary uniform constitute

    disguise

    Robbery with rape, where the accused pretended to bePC soldiers

    Robbery with homicide- when they wore masks toconceal identity

    Not AC if it did not facilitate the commission of the crime Not AC if the accused did not take advantage of the disguise There must be evidence that they used disguise to conceal

    their identities

    The test of disguise is whether the device or contrivanceresorted to by the offender was intended to or did make

    identification more difficult, such as the use of a mask

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

    15th

    ABUSE OF SUPERIOR STRENGTH (ASS)A. It is considered when there is a notorious inequality of forces

    between the victim and the aggressor, assessing a superiority of

    strength notoriously and advantageously for the aggressor which is

    selected or taken advantage of by him in the commission of the

    crime (people vs carpio)

    B. It depends on the age, size, and strength of the partyC. Intentionally employing excessive force out of proportion to the

    means of defense available to the offended party is taking

    advantage of superior strength

    D.Notorious inequality of forces between the victim and aggressorE. There must be DELIBERATE INTENT to TAKE ADVANTAGEF. If there is passion or obfuscation there is no ASSG.There must be proof of the relative physical strength of the

    aggressors and the victims and that the assailant took advantage of

    their combined strength otherwise = if there is no proof = ASS will

    not be considered

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    Aggravating Circumstances Delgado NotesH.ASS is inherent in PARICIDE

    EXAMPLES of ASS People vs morales- after giving birth, the guy took the

    baby from her mom and burned it

    People vs Caoile one unarmed guy, vs 3 armed withbladed weapons

    2 grown up man vs 1 young woman- the victim wasweaker in constitution and could not have possibly

    defended herself from stronger assailants

    Several persons attacked the defenceless victimI. SUPERIORITY IN NUMBER not necessarily ASS

    It must be proven that the attackers cooperated in such away as to secure advantage of superior strength; orweakened the defense

    When 4 person confronted the victim in his house when he justwoke up and unarmed, indicating a show of force to

    overwhelm him and to forestall any resistance he might have

    attempted to make this cannot be treachery because the

    accused confronted the deceased- he was not unprepared

    this is definitely ASS

    Not present when 5 men chased the victim no evidence howeach attacked no proof that they took advantage of ASS

    NOT PRESENT is some acted as principals while others asaccomplices- because it would be inconsistent

    If they did not use arms, but only bare hands in assault- theirsuperior strength cannot force out of proportion to the means

    of defense available to the person attacked (Cabiling)

    J. PRESENT EVEN IF VICTIM EXPECTED THE ATTACK It is necessary to show that the accused acted in concert to

    secure advantage of superior strengthK. ASS is ABSORBED BY BANDL. ASS IS ABSORBED BY TREACHERYM.ASS may be present in COERCION

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    Aggravating Circumstances Delgado Notes Although GR the crime of coercion presupposes ASS but if

    the strength availed of is greatly in excess of that is required =

    then ASS should be considered to increase the penalty

    N.AGGRAVATING IN ILLEGAL DETENTIONO.MEANS BE EMPLOYED TO WEAKEN THE DEFENSE

    Intoxicating a victim make em weakshit Casting dirt on the eyes- so they cant see Throws a cloak on the hend blind em

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

    16th

    Treachery (aleviosa)A. Crime against persons

    Employing MMF, means methods or forms In the execution of which tends to insure execution Without risk to himself arising from any defense that the

    offended party might make

    B. 2 elements must concur:1. The employment of means of execution that gives the

    person attacked no opportunity to defend himself orretaliate

    2. The means of execution were deliberately or consciouslyadopted

    C. What is decisive is that the execution of the attack made itimpossible for the victim to defend himself

    D.MUST BE PROVEN BY CLEAR OF CONVINCING EVIDENCEE. If there is doubt as to the existence of treachery it must be resolved

    in favour of the accused (doctrine of pro reo)

    F. THERE IS NO TREACHERY WHERE: Chance encounter/ killing/spur of the moment/ heated

    argument = no intention

    Sudden unprovoked attack The attack was not consciously adopted Passion and obfuscation

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    Aggravating Circumstances Delgado NotesG.THERE IS TREACHERY WHEN:

    Killing a child When the victim was in a state of helplessness (hawak hawak

    ng ibang tao)

    Killed while asleep Hands were tied when attacked They used the cover of the night, stationed themselves where

    they could shoot em up with impunity, without risk to

    themselves

    H.TREACHERY MAY CO EXIST WITH EVIDENT PREMEDITATIONI. MUST BE ALLEGED IN THE INFORMATIONJ. CANNOT BE PRESUMED must be proved by clear or convincing

    evidenceK. GENERAL RULE : T must be present at the inception of the attackL. If there is only one criminal act treachery must be present at the

    inception

    EXCEPTION If the criminal acts can be divided into stage:

    If the attack begun without treachery, then there werebreaks or interruption on the attack as long as there

    is treachery at the time the victim was killed then

    treachery is present So when the deceased was shot in the legs- then he ran away-

    got shot in the back there is no treachery- since the shots

    were fired in succession

    M.THE SUDDENESS OF ATTACK It does not by itself suffice to support the finding of aleviosa The important test it:

    The means of employed for the commission of the crimemust be consciously or deliberately adopted to insure

    the commission of the crime, and at the same time,

    minimize risk of retaliation by the victim

    N.WHEN ATTACK IS FRONTAL GR: There is no treachery, since the mode of attack does not

    exclude the risk to the offender of the defense that the victim

    might make

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    Aggravating Circumstances Delgado Notes But if there is no means to defend- example nakatali yung

    tao or if the attack was sudden- and was not even

    preceded by a dispute then there is aleviosa

    O.Attack from behind Not necessarily Treachery- since the victim might just be

    fleeing

    Or its possible that the accused merely stab him at the backduring a struggle

    It must be proven by clear and convincing evidence that theMMF was consciously adopted to insure impunity

    TREACHERY :

    Disregard due to sex/age