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John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition

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John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition Art. 14: Aggravating Circumstances of the felony as shown by: (1) the motivating power itself, (2) the place of the commission, 1. Advantage of public position (3) the means and ways employed, (4) the time, 2. In contempt of or with insult to public or (5) the personal circumstances of the authorities offender, or of the offended party. 3. With insult or disregard of rank, age, or sex, or in the dwelling of the offended party, if the Four Kinds of aggravating circumstances latter did not provoke 1. Generic: Those that can generally apply to all 4. Abuse of confidence or obvious crimes. (Ex. dwelling, nighttime, or recidivism) ungratefulness 2. Specific: those that apply only to particular 5. Committed in the palace of the Chief crimes. (Ex. Ignominy in crimes against chastity Executive, or in his presence, or where public or cruelty and treachery in crimes against authorities are discharging their duties, or in a persons.) place of religious worship 3. Qualifying: Those that change the nature of 6. Nighttime, or in an uninhabited place, or by a the crime. (Ex. Alevosia (treachery) or evident band premeditation qualifies the killing of person to 7. Committed during a conflagration, shipwreck, murder) earthquake, epidemic, or calamity 4. Inherent: Those that must of necessity 8. With aid of armed men or persons who accompany the commission of the crime. (Ex. insure/afford impunity Those that must of necessity accompany the 9. Recidivism commission of the crime. Ex. Evident 10. Reiteration or Habituality premeditation is inherent in robbery, theft, 11. Price, reward, or promise estafa, adultery and concubinage). 12. By means of inundation, fire, poison, explosion, stranding of a vessel, derailment of Qualifying aggravating circumstance locomotive, use of any artifice involving waste DISTINGUISHED from generic aggravating and ruin circumstance 13. Evident premeditation Generic Aggravating Qualifying 14. Craft, fraud, or disguise Circumstance Aggravating 15. Superior strength or means employed to Circumstance weaken the defense The effect of a The effect of a 16. Treachery generic AC, not offset qualifying AC is not 17. Ignominy by any mitigating only to give the crime 18. Committed after unlawful entry circumstance, is to its proper and 19. Committed after breaking through a wall, increase the penalty exclusive name but roof, floor, door, or window which should be also to place the 20. With aid of persons under 15 years old, or imposed upon the author thereof in motor vehicles accused to the such a situation as to 21. Cruelty MAXIMUM PERIOD. deserve no other penalty than that Definition: Aggravating circumstances are those specially prescribed which, if attendant in the commission of the by law for said crime. crime, serve to increase the penalty, without, May be compensated Cannot be offset by a however exceeding the maximum of the by a mitigating mitigating penalty provided by law for the offense. circumstance. circumstance. If it is not alleged, it To be such must be Basis: They are based on the greater perversity is a generic alleged in the of the offender manifested in the commission aggravating information. Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition circumstance only. liability of those persons only who had knowledge of them at the time of the execution Aggravating Circumstance NOT alleged. An of the act or their cooperation. aggravating circumstance, even if not alleged in the information, maybe proved over the Aggravating Circumstances NOT presumed. objection of the defense. This is true only as It should be proved as fully the as the crime regards a generic aggravating circumstance. As itself in order to increase the penalty. regards as qualifying aggravating circumstance, the same must be alleged in the information To be appreciated, qualifying and aggravating because it is an integral part of the offense. circumstances must be alleged in the information. If not alleged in the information, TREACHERY is only generic aggravating circumstance. - Pursuant to the 2000 Revised Rules of Criminal Procedure, every Complaint or Aggravating circumstances which do not have Information must state not only the the effect of increasing the penalty. qualifying but also the aggravating 1. Aggravating circumstances circumstance. a. Which in themselves constitute a - This rule may be given retroactive effect crime specially punishable by law. in the light of the well-established rule b. Which are included by the law in that statutes regulating the procedure defining a crime and prescribing the penalty of the courts will be construed as therefor shall not be taken into account for the applicable to actions pending and purpose of increasing the penalty. undetermined at the time of their 2. The same rule shall apply with respect to any passage. aggravating circumstance inherent in the crime - The aggravating circumstance of to such a degree that it must of necessity evident premeditation, dwelling & accompany the commission thereof. unlawful entry, NOT having been alleged in the Information, may not Aggravating circumstances which are personal now be appreciated to enhance the to the offenders. liability of accused-appellant. Aggravating circumstances which arise: a. from the moral attributes of the If not alleged, they may still be considered in offender, or the award of damages. b. from his private relations with the Although the aggravating circumstances in offended party; or question cannot be appreciated for the purpose c. from any other personal cause, shall of fixing a heavier penalty in this case, they only serve to aggravate the liability of the should, however, be considered as bases for the principals, accomplices, and accessories as to award of exemplary damages, conformably to whom such circumstances are attendant. current jurisprudence. PAR. 1- THAT ADVANTAGE BE TAKEN BY Aggravating circumstances which depend for THE OFFENDER OF HIS PUBLIC POSITION. their application upon the knowledge of the offenders. The circumstances which consist: Basis of Par. 1: based on the greater perversity 1. In the material execution of the act, of the offender, as shown by the personal or circumstance of the offender and also by means 2. In the means employed to used to secure the commission of the crime. accomplish it, shall serve to aggravate the Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition a band of brigands made his liability Applicable only when the offender is a public greater. officer. - Applies only when the person NOT aggravating when it is an in integral committing the crime is a public officer element of, or inherent in, the offense. who takes advantage of his public - Such as in malversation under Article position. 217 - Falsification of document committed by Meaning of “advantage be taken by the public officers under Article 171 offender of his public position.” - Taking advantage of public position is The public officer must use the INFLUENCE, inherent in the case of accessories PRESTIGE or ASCENDANCY which his office gives under Art. 19, par. 3 and in crimes him as the means by which he realizes his committed by public officers (Arts 204- purpose. The essence of the matter is presented 245) in the inquiry, “Did the accused ABUSE his office in order to commit the crime?” NOT aggravating if accused could have perpetrated the crime without occupying This aggravating circumstance is NOT present police station. when a CONGRESSMAN offered a resistance to - In other words, if the accused could a peace officer. - Upon being surprised in a have perpetrated the crime even gambling house. without occupying his position, there is Reason: The congressman did not take no abuse of public position. advantage of the influence of reputation of his PAR. 2- THAT THE CRIME BE COMMITTED IN office. CONTEMPT OF OR WITH INSULT TO THE This aggravating circumstance is present when PUBLIC AUTHORITIES. a councilor collects fines and misappropriates them. Basis: based on the greater perversity of the - (US v. Torrida 23 Phil. 189) Page 351 offender, as shown by his lack of respect for the public authorities. When the public officer did not take advantage of the influence of his position, this Requisites: aggravating circumstance is NOT 1. That the public authority is engaged present. in the exercise of his functions. - (US v. Dacuycuy 9 Phil 84) page 351 2. That he who is thus engaged in the - There must be proof that the accused exercise of said functions is not the person took advantage of his public position. against whom the crime is committed. 3. The offender knows him to be a Peace officers taking advantage of their public authority. publications. Page 352 4. His presence has not prevented the - Wearing uniform is immaterial in offender from committing the criminal act. certain cases. Meaning of “Public Authority” Failure in official duties is tantamount to - Sometimes also called a person in abusing of office. authority, is a public officer who is - Ex. The defendant was vice-president of directly vested with jurisdiction, that is, a town at the time he voluntarily joined a public officer who has the power to govern & execute laws. Criminal Law 1 Summary: John Harvey Lee Source: RPC; Luis B. Reyes; Eighteenth Edition - Ex. Councilor, mayor, governor, barangay captain, barangay chairman. NOT applicable when crime is committed in When all the four aggravating circumstances the presence of an agent only. are present, must they be considered as one? - Ex. Chief of police of a town because he - They will be considered single or is an agent of the authorities. together. - An agent of person in authority is “any - They have the weight of one person who, by direct provision of law aggravating circumstances only. or by election by appointment by competent authority, is charged with Basis of Par 3: based on the greater perversity the maintenance of public order and of the offender, as shown by the personal the protection and security of life and circumstances of the offended party and place property who comes to the aid of of the commission of the crime.
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