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Qualifying
aggravating
The effect of a
generic AC, not offset
by any mitigating
circumstance, is to
increase the penalty
which should be
imposed upon the
accused to the
MAXIMUM PERIOD.
It is not an ingredient
of the crime. It only
affects the penalty to
be imposed but the
crime remains the
same
The circumstance
can be offset by an
ordinary mitigating
circumstance
circumstances
The effect of a
qualifying AC is not
only to give the crime
its proper and
exclusive name but
also to place the
author thereof in such
a situation as to
deserve no other
penalty than that
specially prescribed
by law for said crime.
The circumstance
affects the nature of
the crime itself such
that the offender shall
be liable
for a more serious
crime. The
circumstance is
actually an ingredient
of the crime
Being an ingredient
of the crime, it cannot
be offset by any
mitigating
circumstance
o
o
o
o
authorities
engaged in the
discharge of their
duties.
Public authorities are engaged in the
performance of their duties.
Public duty is
Public duty is
performed in their
performed outside of
office
their office
The offended party
The public authority
may
should not be the
or may not be the
offended party
public authority
Nighttime
(Nocturnidad);
Uninhabited
Place
(Despoblado); With a Band (Cuadrilla)
Par. 6 That the crime be committed in the night time,
or in an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense, it
shall be deemed to have been committed by a band.
a. NIGHTTIME (Nocturnidad)
The commission of the crime must begin and be
accomplished in the nighttime (after sunset and
before sunrise).
o Nighttime by and of itself is not an
aggravating circumstance.
o The offense must be actually committed
in the darkness of the night.
o When the place is illuminated by light,
nighttime is not aggravating.
o Nighttime need not be specifically
sought for when:
the offender purposely took
advantage of nighttime; or
it facilitated the commission of
the offense.
b. UNINHABITED PLACE (Desplobado)
o It is determined not by the distance of the
nearest house to the scene of the crime but
whether or not in the place of the commission of
Requisites:
1. That the armed men or persons took
indirectly part in the commission of the
crime,
2. the accused availed himself of their aid
or relied upon them when the crime was
committed.
Not applicable
o When both the attacking party and the
party attacked were equally armed.
o When the accused as well as those who
cooperated with him in the commission
Par. 6 By a band
Requires more than
3 armed malefactors
Requires that more
than three armed
malefactors shall
have
acted together in the
commission of an
offense
Band members are
all principals
Recidivism (Reincidencia)
Par. 8 That the crime be committed with the aid of
armed men or persons who insure or afford impunity
Requisites:
1. That the offender is on trial for an
offense;
2. That he was previously convicted by
final judgment of another crime;
3. That both the first and the second
offenses are embraced in the same title
of the Code;
4. That the offender is convicted of the new
offense.
Different forms of repetition or habituality of
offender:
a. Recidivism under Article 14 (9)The
offender at the time of his trial for one
crime shall have been previously
convicted by final judgment of another
embraced in the same title of the
Revised Penal Code.
b. Repetition or reiteracion under Article
14 (9)The offender has been
previously punished for an offense to
which the law attaches an equal or
greater penalty or for two or more
crimes to which it attaches a lighter
penalty.
c. Habitual delinquency under Article 62
(5)The offender within a period of 10
years from the date of his release or last
conviction of the crimes of serious or
less serious physical injuries, robo,
hurto, estafa or falsification, is found
guilty of any of the said crimes a third
time or another.
d. Quasi-recidivism under Article 160
Any person who shall ` a felony after
having been convicted by final judgment
before beginning to serve such
Reiteracion/Habituality
Par. 10 That the offender has been previously
punished by an offense to which the law attaches an
equal or greater penalty or for two or more crimes to
which it attaches a lighter penalty
Requisites:
1. That the accused is on trial for an
offense;
2. That he previously served sentence for
another offense to which the law
attaches:
a. an equal or
b. greater penalty, or
c.
Par. 9 Recidivism
It is enough that a
final judgment has
been rendered in the
first offense.
Requires that the
offenses be included
in the same title of
the Code
Always to be taken
into consideration in
fixing the penalty to
be imposed upon the
accused
Rationale is the
proven tendency to
commit a similar
offense
Art. 14, Par. 9
Recidivism
Two convictions are
enough
The crimes are not
specified; it is
enough that they
may be embraced
under the same title
of the Revised Penal
Code
Par. 10 Reiteracion
It is necessary that
the offender shall
have served out his
sentence for the first
offense.
The previous and
subsequent offenses
must not be
embraced in the
same title of the
Code
Not always an
aggravating
circumstance
Rationale is the
proven resistance to
rehabilitation
Art. 62 par. 5
Habitual
Delinquency
At least three
convictions are
required
The crimes are
limited and specified
to:
a. serious physical
injuries,
b. Less serious
physical injuries,
c. robbery,
d. theft,
e. estafa or swindling
and
f. falsification
There is a time limit
of not more than 10
years between every
conviction computed
from the first
conviction or release
from punishment
thereof to conviction
computed from the
second conviction or
release therefrom to
It is a generic
aggravating
circumstance which
can be offset by an
ordinary mitigating
circumstance. If not
offset, it would only
increase the penalty
prescribed by law for
the crime committed
to its maximum
period
Habitual delinquency
is a special
aggravating
circumstance, hence
it cannot be offset by
any mitigating
circumstance. Aside
from the penalty
prescribed by law for
the crime committed,
an additional penalty
shall be imposed
depending upon
whether it is already
the third conviction,
the fourth, the fifth
and so on
o
o
o