Revised Penal Code Article 14 : Aggravating Circumstances

No. Of
No. Short Title Aggravating Nature Basis Exceptions
Requisites
Circumstances
1 Advantage Greater perversity as 1. The person committing the crime is a public - If the public officer is committing the crime in his
Taken of shown by: officer private capacity (i.e. not using the influence of his
Public Position - Personal 2. That said public officer used the influence, office)
Circumstance of prestige and ascendancy of his office in the
1 Generic
the Offender commission of the crime
- Means used to
secure the Note: RA 7659 penalty prescribed by law is always at the
commission of maximum regardless of the mitigating circumstance
the crime
2 Contempt or Greater perversity as 1. Public authority is engaged in the exercise of his - When the officer is directly assaulted
Insult to shown by: functions - Lack of knowledge on the part of the offender of
Public - Lack of 2. That said person is not the person against whom the public officer’s presence
Authorities 1 Generic respect for the crime is committed
public 3. The offender knows him to be a public authority
authorities 4. His presence has not prevented the offender from
committing the criminal act
3 Disregard of Greater perversity as 1. Specific fact or circumstance of deliberate - Deliberate intent to insult or disregard is not
Rank, Age, Or shown by: intention to disregard or insult age, sex or rank apparent
Sex and - Personal 2. Proof of fact of disregard and deliberate intent - Sex: When the offender acted with passion and
Dwelling of circumstance 3. Rank: difference in the social condition of the obfuscation
the Offended of the offender and the offended party - Sex: When there exists a relationship between the
4
Party offended 4. Age: Tender age or old age of the offended party offender and the offended party
party 5. Sex: Applies to the female sex only - Sex: When the condition of being a woman is
Note: May be
indispensible in the commission of the crime (i.e.
considered
parricide, rape, abduction & seduction)
single or
Generic - Place of the 1. That there is no sufficient provocation given by - When both the offender and the offended party
together but
commission the owner of the dwelling inside the dwelling are occupants of the house
will result in
of the crime 2. Includes: dependencies, foot of the staircase and - Where the robbery is committed by force upon
only ONE
enclosure under the house things, for said violation to dwelling is inherent.
aggravating
3. The offended party was attacked inside his own - Crimes where trespass to dwelling is inherent
circumstance
house - The owner of the dwelling gave sufficient and
immediate provocation
- Dwelling did not belong to the offended party
- Adultery, except if the paramour lives in the same
dwelling

1 |h t t p : / / r e e n f a b . b l o g s p o t . c o m
 Revised Penal Code Article 14 : Aggravating Circumstances

No. Of
No. Short Title Aggravating Nature Basis Exceptions
Requisites
Circumstances
4 Abuse of Greater perversity as 1. The offended party trusted the offender - Betrayal of confidence
Confidence shown by means and (immediate and personal) - Crimes where abuse of confidence is inherent (i.e.
and Obvious ways employed. 2. The offender abused such trust by committing a malversation, qualified theft, estafa by conversion
2 Generic
Ungratefulnes crime against the offended party or misappropriation, qualified seduction)
s 3. The abuse of confidence facilitated the -
commission of the crime
5 Palace and Greater perversity as 1. The public authority is engaged in the - In the case of the Malacañang palace, the crime is
Other Places shown by the place of performance of his duty aggravating even if the Chief Executive is not
of Commission the commission of the 2. The public authority is in his office; or the place is present.
of Offense 1 Generic crime dedicated to the worship of God
3. The public authority may be the offended party
4. Offender must have the intention to commit a
crime when he entered the place
6 Night-time, Time and place of the 1. When it facilitated the commission of the crime - When the time and place was incidental
Uninhabited commission of the 2. When especially sought for by the offender to - Crimes against chastity
Place, Or Band 3 crime and means and insure the commission of the crime or for the - Night-time: When the crime was either started or
ways employed purpose of impunity finished beyond night-time.
Note: May be 3. When the offender took advantage thereof for - Night-time: When the place of the crime is
considered Qualifying the purpose of impunity illuminated by light
separately and 4. Band: Whenever more than three armed - Uninhabited place: When the victim has a
can subsist malefactors shall have acted together in the reasonable possibility of receiving some help
independently commission of an offense (regardless of the - Band: When the armed malefactors are 3 and
comparative strength) below in number
- Band: When the malefactors did not act together
7 On Occasion Time of the 1. The offender must take advantage of the calamity - When the instance of a calamity is just incidental
of Calamity or commission of the or misfortune in the commission of a crime (i.e. a person killed
Misfortune crime 2. The crime was committed during a conflagration, his mortal enemy in the midst of a flood)
1 Qualifying
Note: Debased form of shipwreck, earthquake, epidemic or other
criminality of the calamity or misfortune (i.e. typhoon or other
offender chaotic condition)
8 Aid of Armed Means and ways of 1. That armed men or persons took part in the - When both the attacking party and the party
Men, Etc. committing the crime commission of the crime, directly or indirectly attacked were equally armed
1 Qualifying 2. That the accused availed himself of their aid or - When the accused and those who cooperated
relied upon them when the crime was committed with him in the commission of the crime acted
under the same plan and for the same purpose
2 |h t t p : / / r e e n f a b . b l o g s p o t . c o m
 Revised Penal Code Article 14 : Aggravating Circumstances

No. Of
No. Short Title Aggravating Nature Basis Exceptions
Requisites
Circumstances
- Casual presence of armed men in the place where
the crime was committed
9 Recidivist Greater perversity as 1. The offender is on trial for an offense - If the subsequent conviction is for an offense
shown by his 2. He was previously convicted by final judgement committed before the offense involved in the
inclination to crimes of another crime prior conviction
1 Generic
3. Both the first and second offense are embraced in - When the other offense is not embraced in the
the same title of the Code same title of the Code
4. The offender is convicted of the new offense
10 Reiteration or Greater perversity as It is necessary to allege the same in the information and - May still be credited if not alleged in the
Habituality shown by his attach thereto certified copies of sentences rendered information provided that the accused does not
inclination to crimes against the accused object to the presentation of evidence on the fact
1. That the accused is on trial for an offense of recidivism or by the accused’s own admission
2. That he previously served sentence for another - If the attached penalty to the previous offense is
1 Generic
offense which the law attaches an equal or death and the latter offenses are that against
greater penalty or two or more crimes to which it property, the court should exercise its discretion
attaches lighter penalty than that for the new in favour of the accused
offense.
3. That he is convicted of the new offense
11 Price, Reward Greater perversity as 1. There must be 2 or more offenders: the one who - If the price or reward was given without previous
or Promise shown by the gives or offers the price or promise and the one promise
1 Qualifying motivating power. who accepts it Note: The price, reward or promise must be the primary
2. Price, reward or promise must be for the purpose motivation in performing the crime.
of inducing another to perform the deed
12 By Means of Means and ways 1. The circumstances mentioned must be facilitated - When another aggravating circumstance already
Inundation, employed by the offender as a means to accomplish a qualifies the crime, these shall be considered as
1 Qualifying
Fire, Etc. criminal purpose generic aggravating circumstance only.
- When there is no actual design to kill a person
13 Evident Ways of committing 1. The time when the offender determined to - When the attack was made in the heat of anger
Premeditation the crime commit the crime - Mere threats, expression of determination, ill-
2. An act manifestly indicating that the culprit has feeling or grudge without external acts
Note: Evident clung to his determination - Implied conspiracy (must be express)
1 Qualifying
premeditation implies 3. A sufficient lapse of time between the - When the victim is different from the one
deliberate planning determination and execution, to allow him to intended for specific attacks
reflect upon the consequences of his will - Inherent in robbery, BUT is aggravating in robbery
Note: The essence of premeditation is that the execution with homicide if the premeditation included the
3 |h t t p : / / r e e n f a b . b l o g s p o t . c o m
 Revised Penal Code Article 14 : Aggravating Circumstances

No. Of
No. Short Title Aggravating Nature Basis Exceptions
Requisites
Circumstances
of the criminal act must be preceded by cool thought and killing of the victim
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgement. Particularity on the person is not
required.
14 Craft, Fraud or Means employed in 1. That craft, fraud or disguise was used to aid in the - Craft: when it partakes of an element of the
Disguise the commission of the execution of the criminal design offense
crime 2. Craft: involves intellectual trickery in order not to - Craft: where the offender did not exert an effort
arouse suspicion to camouflage his true intentions
3 Qualifying
3. Fraud: involves insidious words or machinations - Disguise: when the disguise subsequently fell
for direct inducement during the commission of the crime
4. Disguise: resorting to any device to conceal - Disguise: where the device was not used to
identity conceal identity
15 Superior Means and ways 1. Applicable only to crimes against persons - Absorbed in the circumstance of treachery
Strength Or employed in the 2. Superior strength: There was deliberate intent to - Superior strength: The attack was due to passion
Means to commission of the take advantage of superior strength and obfuscation
Weaken crime 3. Superior strength: That there is evidence of - Superior strength: Unexpected turn-out of an
Defense relative physical strength and notorious altercation
inequality of forces (age, sex, size) - Superior strength: When the attack was made on
2 Qualifying
4. Superior strength: The purpose is to overpower the victim alternately
5. Weaken defense: The purpose is to materially - Superior strength: Inherent in the crime of
weaken the victim’s resisting power parricide
- Superior strength: No abuse of superior strength
when one acted as principal and the other two as
accomplices
16 Treachery Means and ways 1. That the crime is committed against persons - Cases involving accidents, chance encounters or
employed in the 2. That the mode of attack be consciously adopted spurs of the moment (not deliberately sought)
commission of the by the offender - Cases attendant of negligence or carelessness
crime 3. That the means, methods, or forms need to - Cases attendant of passion and obfuscation or
ensure the execution of the crime those w/ sufficient provocation
1 Qualifying
4. That at the time of the attack, the victim was not - When the attack was preceded by an altercation
in a position to defend himself or heated discussion
5. When the aggression is continuous, treachery - When the victim was appropriately warned
must be present in the beginning of the assault - When the accused did not camouflage their
6. When the assault was not continuous in that intentions

4 |h t t p : / / r e e n f a b . b l o g s p o t . c o m
 Revised Penal Code Article 14 : Aggravating Circumstances

No. Of
No. Short Title Aggravating Nature Basis Exceptions
Requisites
Circumstances
there was an interruption, it is sufficient that - When the victim was already defending himself
treachery was present at the moment that the when he was attacked by the accused
final blow was given - When the accused gave the victim a chance to
Notes: prepare
- It is not necessary that the mode of attack insures - When the principal left to the killer as the details
the consummation of the offense. on how the crime was to be committed
- There is treachery in the killing of a child - Where the intervention of other persons did not
- It makes no difference whether or not the victim directly and especially insure the execution of the
was the same person whom the accused intended crime
to kill - Inherent in murder by poisoning
17 Ignominy Means employed to 1. Applicable to crimes against chastity, less serious - When the victim is already dead
commit the crime physical injuries, light or grave coercion, and - No ignominy when a man is killed in the presence
1 Qualifying murder of his wife
Note: moral suffering 2. Where the acts tend to make the effects of the
crime more humiliating or shameful
18 Unlawful Means and ways 1. When an entrance is effected by a way not - Trespass to dwelling
Entry employed to commit intended for that purpose - When the entrance was effected as a means to
1 Qualifying
the crime escape
- Inherent to robbery with force upon things
19 Breaking Wall, Means and ways 1. Done as a means to the commission of a crime - Inherent to robbery with force upon things
Etc. 1 Qualifying employed to commit 2. That it was done as a means to effect entrance - Arrests by an officer
the crime only - Done due to refused admittance to an officer
20 Aid Of Minor Means and ways 1. Minor: That the minor is under 15 years old - Not applicable to vehicles not considered as
Or By Means employed to commit 2. Vehicle: That the vehicle be used to furnish a motorized by the LTO
of Motor the crime quick means to commit the crime, flight and - Estafa
2 Qualifying
Vehicles concealment - When the crime is already done and the motor
vehicle was just incidental
- Inherent in carnapping
21 Cruelty Ways employed in 1. That the injury caused be deliberately increased - When the cruelty is done on a corpse
committing the crime by causing other wrong - That there was no positive proof that the
1 Qualifying Note: physical 2. That the wrong be unnecessary for the execution damages seen on the victim were inflicted to
suffering of the purpose of the offender prolong his suffering
3. Deliberate prolongation of the physical suffering

5 |h t t p : / / r e e n f a b . b l o g s p o t . c o m