Reviewer: Aggravating Circumstances Matrix

September 14, 2017 | Author: Reen SF | Category: Murder, Crime & Justice, Crimes, Capital Punishment, Robbery
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A reviewer on Article 14 of the Revised Penal Code of the Philippines. For more info, visit: http://reenfab.blogspot.com...

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Revised Penal Code Article 14 : Aggravating Circumstances No.

1

Short Title

No. Of Aggravating Circumstances

Advantage Taken of Public Position 1

2

3

Nature

Contempt or Insult to Public Authorities

Disregard of Rank, Age, Or Sex and Dwelling of the Offended Party

1

Generic

Generic

Greater perversity as shown by: - Personal Circumstance of the Offender - Means used to secure the commission of the crime Greater perversity as shown by: - Lack of respect for public authorities Greater perversity as shown by: - Personal circumstance of the offended party

4 Note: May be considered single or together but will result in only ONE aggravating circumstance

Basis

Generic

-

Place of the commission of the crime

Exceptions

Requisites 1. 2.

The person committing the crime is a public officer That said public officer used the influence, prestige and ascendancy of his office in the commission of the crime

-

If the public officer is committing the crime in his private capacity (i.e. not using the influence of his office)

Public authority is engaged in the exercise of his functions That said person is not the person against whom the crime is committed The offender knows him to be a public authority His presence has not prevented the offender from committing the criminal act Specific fact or circumstance of deliberate intention to disregard or insult age, sex or rank Proof of fact of disregard and deliberate intent Rank: difference in the social condition of the offender and the offended party Age: Tender age or old age of the offended party Sex: Applies to the female sex only

-

When the officer is directly assaulted Lack of knowledge on the part of the offender of the public officer’s presence

-

That there is no sufficient provocation given by the owner of the dwelling inside the dwelling Includes: dependencies, foot of the staircase and enclosure under the house The offended party was attacked inside his own house

-

Deliberate intent to insult or disregard is not apparent Sex: When the offender acted with passion and obfuscation Sex: When there exists a relationship between the offender and the offended party Sex: When the condition of being a woman is indispensible in the commission of the crime (i.e. parricide, rape, abduction & seduction) When both the offender and the offended party are occupants of the house Where the robbery is committed by force upon things, for said violation to dwelling is inherent. Crimes where trespass to dwelling is inherent 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

Note: RA 7659 penalty prescribed by law is always at the maximum regardless of the mitigating circumstance 1. 2. 3. 4. 1. 2. 3. 4. 5.

1. 2. 3.

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-

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Revised Penal Code Article 14 : Aggravating Circumstances No.

4

5

Short Title Abuse of Confidence and Obvious Ungratefulnes s Palace and Other Places of Commission of Offense

No. Of Aggravating Circumstances

2

Nature

Generic

Basis Greater perversity as shown by means and ways employed.

1. 2. 3.

1

Generic

Greater perversity as shown by the place of the commission of the crime

1. 2. 3. 4.

6

Night-time, Uninhabited Place, Or Band

3 Note: May be considered separately and can subsist independently

7

8

On Occasion of Calamity or Misfortune

Time and place of the commission of the crime and means and ways employed

1

3. 4.

Qualifying

Aid of Armed Men, Etc. 1

1. 2.

Qualifying

Qualifying

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Time of the commission of the crime Note: Debased form of criminality of the offender Means and ways of committing the crime

Exceptions

Requisites

1. 2.

1. 2.

The offended party trusted the offender (immediate and personal) The offender abused such trust by committing a crime against the offended party The abuse of confidence facilitated the commission of the crime The public authority is engaged in the performance of his duty The public authority is in his office; or the place is dedicated to the worship of God The public authority may be the offended party Offender must have the intention to commit a crime when he entered the place When it facilitated the commission of the crime When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity When the offender took advantage thereof for the purpose of impunity Band: Whenever more than three armed malefactors shall have acted together in the commission of an offense (regardless of the comparative strength) The offender must take advantage of the calamity or misfortune The crime was committed during a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune (i.e. typhoon or other chaotic condition) That armed men or persons took part in the commission of the crime, directly or indirectly That the accused availed himself of their aid or relied upon them when the crime was committed

-

Betrayal of confidence Crimes where abuse of confidence is inherent (i.e. malversation, qualified theft, estafa by conversion or misappropriation, qualified seduction)

-

In the case of the Malacañang palace, the crime is aggravating even if the Chief Executive is not present.

-

When the time and place was incidental Crimes against chastity Night-time: When the crime was either started or finished beyond night-time. Night-time: When the place of the crime is illuminated by light Uninhabited place: When the victim has a reasonable possibility of receiving some help Band: When the armed malefactors are 3 and below in number Band: When the malefactors did not act together When the instance of a calamity is just incidental in the commission of a crime (i.e. a person killed his mortal enemy in the midst of a flood)

-

-

When both the attacking party and the party attacked were equally armed When the accused and those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose

Revised Penal Code Article 14 : Aggravating Circumstances No.

Short Title

No. Of Aggravating Circumstances

Nature

Basis

Exceptions

Requisites -

9

Recidivist 1

10

Reiteration or Habituality

Greater perversity as shown by his inclination to crimes 1

11

13

Generic

Price, Reward or Promise 1

12

Generic

By Means of Inundation, Fire, Etc.

Greater perversity as shown by his inclination to crimes

1

Qualifying

Qualifying

Evident Premeditation

Greater perversity as shown by the motivating power.

Means and ways employed

Ways of committing the crime 1

Qualifying

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Note: Evident premeditation implies deliberate planning

1. 2.

The offender is on trial for an offense He was previously convicted by final judgement of another crime 3. Both the first and second offense are embraced in the same title of the Code 4. The offender is convicted of the new offense It is necessary to allege the same in the information and attach thereto certified copies of sentences rendered against the accused 1. That the accused is on trial for an offense 2. That he previously served sentence for another offense which the law attaches an equal or greater penalty or two or more crimes to which it attaches lighter penalty than that for the new offense. 3. That he is convicted of the new offense 1. There must be 2 or more offenders: the one who gives or offers the price or promise and the one who accepts it 2. Price, reward or promise must be for the purpose of inducing another to perform the deed 1. The circumstances mentioned must be facilitated by the offender as a means to accomplish a criminal purpose 1.

The time when the offender determined to commit the crime 2. An act manifestly indicating that the culprit has clung to his determination 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his will Note: The essence of premeditation is that the execution

-

-

-

-

Casual presence of armed men in the place where the crime was committed If the subsequent conviction is for an offense committed before the offense involved in the prior conviction When the other offense is not embraced in the same title of the Code May still be credited if not alleged in the information provided that the accused does not object to the presentation of evidence on the fact of recidivism or by the accused’s own admission If the attached penalty to the previous offense is death and the latter offenses are that against property, the court should exercise its discretion in favour of the accused

-

If the price or reward was given without previous promise Note: The price, reward or promise must be the primary motivation in performing the crime. -

-

When another aggravating circumstance already qualifies the crime, these shall be considered as generic aggravating circumstance only. When there is no actual design to kill a person When the attack was made in the heat of anger Mere threats, expression of determination, illfeeling or grudge without external acts Implied conspiracy (must be express) When the victim is different from the one intended for specific attacks Inherent in robbery, BUT is aggravating in robbery with homicide if the premeditation included the

Revised Penal Code Article 14 : Aggravating Circumstances No.

14

Short Title

No. Of Aggravating Circumstances

Craft, Fraud or Disguise

Basis

Means employed in the commission of the crime 3

15

Nature

Qualifying

Superior Strength Or Means to Weaken Defense

Means and ways employed in the commission of the crime 2

Qualifying

Exceptions

Requisites of the criminal act must be preceded by cool thought and 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. 1. That craft, fraud or disguise was used to aid in the execution of the criminal design 2. Craft: involves intellectual trickery in order not to arouse suspicion 3. Fraud: involves insidious words or machinations for direct inducement 4. Disguise: resorting to any device to conceal identity 1. Applicable only to crimes against persons 2. Superior strength: There was deliberate intent to take advantage of superior strength 3. Superior strength: That there is evidence of relative physical strength and notorious inequality of forces (age, sex, size) 4. Superior strength: The purpose is to overpower 5. Weaken defense: The purpose is to materially weaken the victim’s resisting power

killing of the victim

-

16

Treachery

Means and ways employed in the commission of the crime 1

Qualifying

1. 2. 3. 4. 5. 6.

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That the crime is committed against persons That the mode of attack be consciously adopted by the offender That the means, methods, or forms need to ensure the execution of the crime That at the time of the attack, the victim was not in a position to defend himself When the aggression is continuous, treachery must be present in the beginning of the assault When the assault was not continuous in that

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Craft: when it partakes of an element of the offense Craft: where the offender did not exert an effort to camouflage his true intentions Disguise: when the disguise subsequently fell during the commission of the crime Disguise: where the device was not used to conceal identity Absorbed in the circumstance of treachery Superior strength: The attack was due to passion and obfuscation Superior strength: Unexpected turn-out of an altercation Superior strength: When the attack was made on the victim alternately Superior strength: Inherent in the crime of parricide Superior strength: No abuse of superior strength when one acted as principal and the other two as accomplices Cases involving accidents, chance encounters or spurs of the moment (not deliberately sought) Cases attendant of negligence or carelessness Cases attendant of passion and obfuscation or those w/ sufficient provocation When the attack was preceded by an altercation or heated discussion When the victim was appropriately warned When the accused did not camouflage their intentions

Revised Penal Code Article 14 : Aggravating Circumstances No.

Short Title

No. Of Aggravating Circumstances

Nature

Basis

there was an interruption, it is sufficient that treachery was present at the moment that the final blow was given

17

Ignominy

Means employed to commit the crime 1

Qualifying Note: moral suffering

18

Unlawful Entry

19

Breaking Wall, Etc.

20

Aid Of Minor Or By Means of Motor Vehicles

21

1

1

2

Qualifying

Qualifying

Qualifying

Cruelty 1

Qualifying

Means and ways employed to commit the crime

Notes: - It is not necessary that the mode of attack insures the consummation of the offense. - There is treachery in the killing of a child - It makes no difference whether or not the victim was the same person whom the accused intended to kill 1. Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder 2. Where the acts tend to make the effects of the crime more humiliating or shameful 1. When an entrance is effected by a way not intended for that purpose

Means and ways employed to commit the crime Means and ways employed to commit the crime

1. 2.

Ways employed in committing the crime Note: physical suffering

1.

1. 2.

2. 3.

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Exceptions

Requisites

Done as a means to the commission of a crime That it was done as a means to effect entrance only Minor: That the minor is under 15 years old Vehicle: That the vehicle be used to furnish a quick means to commit the crime, flight and concealment

That the injury caused be deliberately increased by causing other wrong That the wrong be unnecessary for the execution of the purpose of the offender Deliberate prolongation of the physical suffering

-

-

-

When the victim was already defending himself when he was attacked by the accused When the accused gave the victim a chance to prepare When the principal left to the killer as the details on how the crime was to be committed Where the intervention of other persons did not directly and especially insure the execution of the crime Inherent in murder by poisoning When the victim is already dead No ignominy when a man is killed in the presence of his wife

Trespass to dwelling When the entrance was effected as a means to escape Inherent to robbery with force upon things Inherent to robbery with force upon things Arrests by an officer Done due to refused admittance to an officer Not applicable to vehicles not considered as motorized by the LTO Estafa When the crime is already done and the motor vehicle was just incidental Inherent in carnapping When the cruelty is done on a corpse That there was no positive proof that the damages seen on the victim were inflicted to prolong his suffering

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