17 September 2018

- Old (1) woman (2) in her house(3) was killed at nighttime (4)
- All AC must be alleged in the information.
- Asked for the difference between AC and MC
- Can a man be a recidivist and habitual delinquent at the same time? YES.
- Distinction between generic and specific AC
- Rape with cogon band cannot be appreciated in crime against honor (old Supreme Court case).
Now, since rape is currently a crime against persons, cruelty can now be appreciated as an AC.
However, in that case, ignominy was appreciated as an AC.
- New rules, especially in secs. 8 and 9 of the ROC states that regardless of the generic or
qualifying AC, these must already be alleged in the information.
- AC1 a cop shot his mortal enemy, is it an automatic AC due to one’s public position? No. it must
be thoroughly established that the crime was in fact done.
- What if it’s the case of a finance officer of Camp Crame who used Crame funds for playing in the
casino? AC1 is present but it cannot be appreciated since AC1 is already inherent in the crime of
malversation.
- Case of US v. Torrida
- AC2, samples of persons who are public authorities.
- Old ruling was that agents of public authorities can come within AC2 to increase penalty,
however in People v. Tiongson (1984) SC ruled otherwise.
- AC2, professors are not persons in authority for all the crimes in the RPC, except for direct
assault, indirect assault or resistance (People v. Tangkan).
- What is punished in AC2 is to penalize the gall of a person to do the crime before a person of
authority. Person of authority is NOT the victim here. Exception to the general rule is People v.
Santos.
- AC3 must be done consciously of the rank, age and sex of the victim.
- TAKE NOTE that generally, the different ACs can only be appreciated to crimes against persons.
- AS long as it’s a safe haven for eating and sleeping, it’s considered as a dwelling.
- Victim at the foot of the stairs, not part of the dwelling.
- Victim at the first rung of the stairs, not part of the dwelling.
- Victim at the top rung of the stairs, PART of the dwelling.
- Cardinal rule here is the circumstance is available within the confine of one’s house where one is
supposed to feel safe.
- Dwelling can be appreciated as an AC when it comes to robbery with violence and intimidation
since it is not inherent upon the offense. THE OPPOSITE IS TRUE, when it comes to robbery with
force upon things.
- In AC4 Judge opined that there is no need for trust to be present when it comes to Obvious
Ungratefulness.
- In AC5, there is a need for the offender to purposely seek that the offense to be done in a place
of worship for the AC to be appreciated.
- Obscuridad, despoblado, cuadrilla in AC6: three different circumstances are present here.
- Obscuridad is not an AC per se, the same must be purposely sought as well. Note: OBSCURITY of
vision during nighttime, not nighttime by itself.
- Take note also that nighttime is usually absorbed in treachery.
- Despoblado does not only take isolation into consideration but also the impossibility of getting
help in the situation.
- Fredo execution (if done at sea) is considered as despoblado.
- “Arms” in cuadrilla counts in anything that can be used as a weapon.
- Cuadrilla applicable to principals by direct participation only.