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    Crim Reviewer Section 00075 PDF

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    LawStudent101412
    This document discusses aggravating circumstances under Article 14 of Philippine law. It states that committing a crime at nighttime, in an uninhabited place, or with a group can be aggravating circumstances if they facilitate the commission of the offense. Nighttime can be an aggravating circumstance if it was especially sought out by the offender to ensure the crime's commission or ensure impunity, or if the offender took advantage of nighttime for the purpose of impunity. The circumstances should generally be considered together if all are present, but can be considered separately if they can be distinctly perceived and can independently reveal greater perversity.

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    Crim Reviewer Section 00075 PDF

    Uploaded by

    LawStudent101412
    126 views1 page
    This document discusses aggravating circumstances under Article 14 of Philippine law. It states that committing a crime at nighttime, in an uninhabited place, or with a group can be aggravating circumstances if they facilitate the commission of the offense. Nighttime can be an aggravating circumstance if it was especially sought out by the offender to ensure the crime's commission or ensure impunity, or if the offender took advantage of nighttime for the purpose of impunity. The circumstances should generally be considered together if all are present, but can be considered separately if they can be distinctly perceived and can independently reveal greater perversity.

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    Crim Reviewer Section 00075.pdf

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    This document discusses aggravating circumstances under Article 14 of Philippine law. It states that committing a crime at nighttime, in an uninhabited place, or with a group can be aggravating circumstances if they facilitate the commission of the offense. Nighttime can be an aggravating circumstance if it was especially sought out by the offender to ensure the crime's commission or ensure impunity, or if the offender took advantage of nighttime for the purpose of impunity. The circumstances should generally be considered together if all are present, but can be considered separately if they can be distinctly perceived and can independently reveal greater perversity.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    126 views1 page

    Crim Reviewer Section 00075 PDF

    Uploaded by

    LawStudent101412
    This document discusses aggravating circumstances under Article 14 of Philippine law. It states that committing a crime at nighttime, in an uninhabited place, or with a group can be aggravating circumstances if they facilitate the commission of the offense. Nighttime can be an aggravating circumstance if it was especially sought out by the offender to ensure the crime's commission or ensure impunity, or if the offender took advantage of nighttime for the purpose of impunity. The circumstances should generally be considered together if all are present, but can be considered separately if they can be distinctly perceived and can independently reveal greater perversity.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    • __

    would be greater certainty in attaining the


    ends of the offender (People v. Matbagon).
    - Nighttime facilitated the commission of the
    crime to such an extent that the defendant
    was able to consummate it with all its details
    without anyone nearby becoming aware of
    its occurrence (People v. Villas).

    - When especially sought for by the offender to


    insure the commission of the crime or for the
    purpose of impunity (People v. Pardo).
    - YES: Waited for nighttime to commit the
    crime
    - YES: Accused lingered for almost 3 hours
    in the evening at the restaurant before
    robbing it (People v. Lungbos).
    - YES: Where it is self-evident that nighttime
    was sought to facilitate the commission
    ---------------------------------------------------------
    of the offense when all the the members
    Article 14. Aggravating circumstances. - The following are of the household was asleep (People v.
    aggravating circumstances: Berbal), thereby indicating the desire to
    carry out the plot with the least detection
    6. That the crime be committed in the night time, or in an
    uninhabited place, or by a band, whenever such circumstances may or to insure its consummation with a
    facilitate the commission of the offense. minimum of resistance from the inmates
    of the house (People v. Atencio).
    - YES: The accused sought the solitude of
    Whenever more than three armed malefactors shall have acted the place in order to better attain their
    together in the commission of an offense, it shall be deemed to purpose without interference, and to
    have been committed by a band. secure themselves against detection and
    punishment (People v. Ong).
    - NOT: Nighttime not especially sought for,
    when the notion to commit the crime
    was conceived only shortly before its
    REASON -
    commission
    EXCEPTION; Nocturnity, even though not
    • Greater perversity of the offender?
    specially sought, if it facilitated the
    - On the time and place of the commission of the
    commission of the crime and the
    crime and means and ways employed. —
    accused took advantage thereof to
    commit it, may be considered as an
    aggravating circumstance.
    “Should These Circumstances Be Considered As One Only Or
    Three Separately?” - When the offender took advantage thereof for the
    purpose of impunity (US v Billedo).
    General Rule: If all 3 circumstances are present, you should - IMPUNITY: exemption from punishment or
    consider them as one. freedom from the injurious consequences
    of an action.
    - Exception: When the 3 can be distinctly perceived
    - IMPUNITY: means to prevent his
    and can subsist independently of each other,
    (accused’s) being recognized, or to
    revealing greater perversity. (People v. Librando)
    secure himself against detection and
    --------------------------------------------------------- punishment.
    - The crime was attended by the
    in the night time aggravating circumstance of nighttime
    - AGGRAVATING WHEN:
    because of the silence and darkness of
    - When it facilitated the commission of the crime.
    the night which enabled the offender to
    - When especially sought for by the offender to
    take away the girl with impunity –
    insure the commission of the crime or for the
    something which he could not have
    purpose of impunity (People v. Pardo).
    done in daytime (US v. Yumul).
    - When the offender took advantage thereof for the
    purpose of impunity (US v Billedo).

    Period of darkness beginning at end of dusk and


    - AGGRAVATING WHEN
    - When it facilitated the commission of the crime. ending at dawn. Nights are from sunset to sunrise
    - WHEN crime can be perpetrated unmolested, (Article 13, Civil Code).
    or interference can be avoided or there

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