REYES BOOK AND DVI LECTURE

If the public officer committed falsification

What are the kinds of aggravating circumstances? without taking advantage of the position, then
1. Generic it will be just Art. 172 (by an individual)
2. Specific
3. Qualifying
4. Inherent US v. Torrida
5. Special - A councilor take advantage of his position in
collecting fines and misappropriates them (used
 Generic: applies to all crimes to deceive and defraud the parties that paid him)
o i.e. – dwelling, night time
 Specific: only to particular crimes US v. Dacuycuy
o Ignominy in crimes against chastity - Did not take advantage of his influence of
o Cruelty against persons position; the aggra circumstance is not present
 Qualifying: Changes the nature of the crime - The councilor was asked to buy 39 cedulas, he
o Killing w treachery/alevosia – homicide to just bough 16 and the money was used for his
murder own spending – court held not connected w his
 Inherent: necessity accompany the commission, office
 it does not aggravate but it defines the crime
 It cannot be committed without such  That the PO used his influence, prestige or
circumstance ascendancy (PP v. Oridiales)
o Evident premeditation in rubbery, estafa  Abducted in uniform but abuse of power is more
o Public Position is inherent in Bribery and relevant
Malversation  Wearing of uniform is immaterial in certain cases
o The offended party knew he is PO
- To be qualifying and aggravating circumstance it  Chief of police intimidated the crew for money
must be specially alleged in the Information or  Not aggravating if it acts as an inherent in the
Charge sheet offense
- It is not presumed, must be proved o Art. 217: Malversation
- The aggravating circumstance will not increase o Art. 171
the penalty if: o Arts. 204 to 245
o It constitute a crime punishable by law
o Included in defining a crime prescribing Paragraph 2
penalty therefore The crime be committed in contempt of or with insult
to the public authorities
Aggravating circumstances arises from:
(a) Moral attributes of the offender Basis:
(b) Private relations with the offended property Greater perversity of the offender, as shown by his lack
(c) Personal Cause of respect for the public authorities.

Aggravating circumstances: Requisites:

(a) material execution 1. The PA is engaged in the exercise of his duties
(b) means employed to accomplish it 2. He is thus engaged in the exercise of said
functions is not the person against whom the
crime is committed.
Paragraph 1 3. The offender knows him to be a public authority
Advantage be taken by the offender of his public 4. His presented has not prevented the offender
position from committing the criminal act

Basis: Public authority

Greater perversity of the offender, as shown by the - It does not include policemen
personal circumstance of the offender and also by the - Person directly vested with jurisdiction
means used to secure the commission of the crime. - Not applicable when only presence of an agent

 The offender must have abused his public  Not the Public Auth itself, that would be Art. 148
position or at least the same facilitated the – direct assault xpn Pp v Santok
commission of the offense.
 It will not apply if the taking advantage of the
position is an integral element of the offense
o Art. 171 falsification of document by PO
Paragraph 3
That the act be committed
REYES BOOK AND DVI LECTURE
(1) With insult of indisregard of the respect due Basis:
the offended party on account of his:  Greater perversity in the means and ways
(a) Rank; (b) Age; (c) Sex employed
(2) That it be committed in the dwelling of the
offended party if the latter has not given Requisites of Abuse of Confidence
provocation. 1. Offended party trusted the offender
2. The offender abused such trust by committing the
Basis: crime
- Perversity on the personal circumstances of the 3. Abuse of confidence facilitated in the commission
offended party and place of the crime of the crime

Reyes Notes:  Betrayed trust is different from abuse of trust (PP

 If all are present – only one; but v Arthur Crumb) – could have resisted
 Dwelling and night time has been taken account  Cariso Case – abuse of confidence because the
with sex and age (PP v Santos) victim is a 9 month old baby
 Only app to Crimes against Persons or Honor
 It must be deliberately intended to insult the sex Paragraph 5
or age Crime be committed in the palce of the Chief
 Dwelling is for rest and comfort Executive, or in his presence, or where public
authorities are engaged in the discharge of their
DVI: duties in a place dedicated to religious worship
Crime committed in dwelling of the offended party —
 The crime that took place fully or partly in crime Basis:
committed in the dwelling or in any integral part  Place
thereof.
 Thus, it is still aggravating where the victim was Par. 2 – Public Auth Par. 5 – Chief Exec
attacked inside the dwelling and dragged outside Both in performance of Both in performance of
to be killed. Or even where attack of the victim their duties their duties
inside his house was made by firing a gun from While OUTSIDE the Duties IN their office
the outside. office
Not the offended May be the offended
 Aggravating as to sex – only applicable to female party
o Not aggravating if indispensable to be a
woman: rape, parricide, abduction,  Religious ceremony actually happening not
seduction. necessary
 Other public auth must be in actual engaged in
the performance of duty
DWELLING CASES ON VISITORS  Cemeteries are not religious worship
People v Basa The guests were allowed to
used the facilities and
amenities of the house; there
was a sense of familiarity –
trust and confidence inside the
house
People v Ramolete The dwelling was not
considered because they were
merely visitors

 Dwelling is not absorbed by treachery

Paragraph 4
That the act be committed with
(1) abuse of confidence; or
(2) Obvious ungratefulness
REYES BOOK AND DVI LECTURE
- This is a generic circumstance
Paragraph 6
Nighttime, uninhabited place, by a band - Used fire to inflict injuries
- Used as a means
Basis:
 Means and ways Evident Premeditation

Nighttime 1. Time when offender determined to commit it

 Sunset to Sunrise (time of determination)
 Dusk to Dawn 2. Acted manifestly indicating that the culprit has
 Darkness clung to the determination
Uninhabited place 3. Sufficient lapse of time
 Improbable to/Can’t ask for help
 Remote place Craft Fraud or Disguise
Craft – cunning, intellectual trickery
Band Fraud – direct inducement
 More than 3 (4 or more) armed malefactors acted Disguise – Concealment of identity
together in commission of an offense Superior Strength
- Out of proportion of strength to the offended
Calamities and Misfortune party
Chaotic occasion - Excessive force
Especially sought for Treachery
Rules of Treachery
Armed Men/Insure Impunity a. Crimes against persons
a. Armed men or persons took part in the b. Need not to be accomplished
commission of the crime, directly or indirectly c. Consciously adopted
b. Accused Availed himself of their aid or relied
upon them when the crime was committed REQUISITES:
1. At the time of attack, the victim was not in a
Recidivist position to defend himself (or retaliate); and
1. On trial
2. That the offender consciously adopted the
2. The offender has been previously convicted by
particular means, methods, or form of attack
final judgment
3. The offense previously been convicted and
employed by him.
being tied are embraced in the same title
Ignominy
4. The offense is new
-Exclusive to Chastity
Reiteracion That means be employed or circumstances brought about
which add ignominy to the natural effects of the act
1. The offender is on trial
2. The offender have served sentenced of an equal - Adding disgrace
or greater penalty or two or more offenses of a - Pertains to moral order
lighter penalty
3. The offense is new Unlawful Entry
Prize Reward or Promise¶11 There is unlawful entry when an entrance is effected by
a way not intended to the purpose
- The offer is the moving power
- The offer made prior the commission of the - Not attendant to trespass to dwelling
crime
Be Broken
- There are two participants: inducing and the “Aggravating of forcible entry”
directly doing Door Window Floor
IFPEV ID DL Great Ruin or Waste Not attendant if inherent (robbery)
 Inundation - Not attendant if just broken to escape
 Fire (inherent in arson)
 Poison (Qualifying in murder) Vehicle and Minors
 Explosion (inherent in destruction) - Facilitate using 15 years old that are exempted (Art.
 Stranding of a vessel 12 (2))
 Intentional Damage
- Using motor vehicle, airships and other locomotive
 Derailment of locomotive
Cruelty
REYES BOOK AND DVI LECTURE
REQUISITES:
1. Deliberately increased by causing other wrong
2. Unnecessary for the execution of the purposed of
the offender

ARTICLE 15
Alternative Circumstances
1. Relationship
2. Intoxication
3. Education

Relationship – No 3rd civil degree/No collateral

Mitigating:
- Crime against property
- When older relative physically injures younger
Aggravating
- Against persons and chastity
- When younger physically injures older

Intoxication
Mitigating:
- Not habitual drinker
Aggravating
- Habitual
- Especially sought for

Education
Mitigating
- Depends to crime, mostly when uncivilized
Aggravating
- High educational attainment committing an
“intellectual” crime. (i.e. Lawyer with PhD
commits estafa)

Crime Participants
1. Principals (Art. 17)
2. Accomplices (Art. 18)
3. Accessories (Art. 19)