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ARTICLE 14 AGGRIVATING CIRCUMSTANCES

Those if present, are not automatically offset by mitigating circumstances


May increase the penalty provided by the law without exceeding the maximum penalty or it changes the nature of the
crime

Classification:
1.
2.
3.
4.

Generic those that generally apply to all crimes, eg. Recidivism, Aid to Minors, Advantage taken by Public Position etc.
Specific those that apply to particular crimes, eg. Ignominy, Treachery
Qualitfying those that change the nature of the crime eg. Treachery, Evident Premeditation, Cruelty, etc.
Inherent necessity accompanies the commission of the crime, eg. Sex inherent in crimes against chastity.

Difference between Generic and Qualifying:


GENERIC
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Can be offset by an ordinary mitigating circumstance


The legal effect is to increase the penalty to the maximum without exceeding the limit

QUALIFYING
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Cannot be offset by an ordinary mitigating circumstance


It changes the nature of the crime
Gives the crime its proper and exclusive name

Both qualifying and generic circumstance must be alleged in the information; the prosecution cannot prove an aggravating
circumstance during trial.
Article 14 (1) Advantage Taken by Public Opinion
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A generic aggravating circumstance.


Based on RA 7659, in crimes committed by a public officer, the penalty prescribed by law is always at the maximum,
regardless of the mitigating circumstances presented and regardless of the nature of the mitigating circumstances.

Public Officer for advantage taken to be appreciated, s/he must use the influence, prestige or ascendancy which his office
gives him as the means by which s/he realizes his purpose.
There should be a deliberate intent to use the influence, prestige or ascendancy.

Is it enough that the offender is a public officer? No, he has to use the influence, prestige or ascendancy given to him by
his office.
a police officer enters the house then ties up the residents and robs them, can the aggravating circumstance of
advantage taken of public position be appreciated? Yes.
a traffic enforcer takes over the car of a driver and speeds away, he is convicted of robbery; can the aggravating
circumstance of advantage taken of public position be appreciated? Yes.
some members of the barangay council asked for financial sponsorship for the education of the community, then the
project turned out to be false, can be aggravating circumstance of advantage taken of public position be appreciated?
Yes.
, if these crimes were attendant of negligence, passion or obfuscation, vindication or sufficient provocation, can the
aggravating circumstance of advantage taken of public position be appreciated. No, because these circumstances are
incompatible with advantage taken of public position since deliberate intent is absent in these instances.
, a police investigator asked a rape victim to enter a room where he committed acts of lasciviousness on the rape
victim, can the aggravating circumstance of advantage taken of public position be appreciated? Yes.

The aggravating circumstance of advantage taken of public position is NOT appreciated when the public position is an integral
element or inherent in the offense; in the ff crimes, public position is inherent:
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Bribery
Indirect Bribery
RA 309
Malversation of public funds
Falsification of Public Documents
Other Crimes against Public Officers under the RPC

Basis for the aggravation: the greater perversity of (1) personal circumstances of the offender and (2) means used to secure
commission of the crime.
Article 14 (2) Contempt or Insult to Public Authorities
Requisites:
1.

The public authority is engaged in the exercise of his official functions.

The public authority is not the victim of the crime.


Offender knows him to be a public authority.
His presence has not prevented the offender from committing the crime.
one Sunday, the mayor just finished mass, he saw two people fighting, he mediated upon introducing himself, and can
the aggravating circumstance of contempt or insult of public authorities be appreciated? Yes, because regardless of the
day, even if Sunday is not a regular working day, the official function of the mayor, in this case to maintain peace and
order, does not stop as long as he is within his jurisdiction.
, using the same facts above, the 2 people attacked the mayor; can the aggravating circumstance of contempt or insult
of public authorities be appreciated? No, because the public authority should not be the offended party.
, using the same facts, but the mayor attended the mass in another town, can the aggravating circumstance of
contempt or insult of public authorities be appreciated? No, because mediating would not be part of his official functions
in that other town.
, using the same facts above, but the two people did not know that the one mediating was in fact the mayor, can the
aggravating circumstance of contempt or insult of public authorities be appreciated. No, the offenders have to know that
he is the mayor or a public authority.

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2.
3.
4.

Article 14 (3) Disregard of Rank, Age, Sex or Dwelling of the Offended Party
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There are 4 circumstances in this par. Rank, age, sex, have a common denominator: respect due to offended party.

Disregard of rank of the offended party

A generic aggravating circumstance = can be offset by an ordinary mitigating circumstance


Not applicable to cases attendant of negligence or carelessness
Not applicable to cases attendant of passion or obfuscation, vindication, or those with sufficient provocation = because
of the lack of intent.
This can be done to a person with authority of his agent
There should be deliberate intent to disregard or insult = accompanied with the difference in rank, and manifested by
deliberate acts.
Inherent in the crime of direct assault
a sergeant was driving a jeep in a careless manner, then he hit a general can the aggravating circumstance of
disregard of rank be appreciated? No, there was no deliberate intent to disregard the rank of the general.
, physical injuries were made against Prof Amurao by his student, can the aggravating circumstance of disregard of rank
be appreciated? Yes, because Prof. Amurao in authority and ranks higher than the student.
, a sergeant sees his wife embracing a general, then he ran over them, can the aggravating circumstance of disregard of
rank be appreciated of rank be appreciated? No, because this circumstance was attendant of passion or obfuscation.

Disregard of Age of the Offended Party

A generic aggravating circumstance = can be offset by an ordinary mitigating circumstance


Not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient provocation = because
of lack of intent
Not applicable to cases attendant to negligence or carelessness
For this circumstance to be appreciated, the disparity of age of the offender and the victim can be determined if the
victim can be the father of the accused; 15 years or more disparity.
Tender age and old age
the offender was 90 years old when he stabbed the 105 year old victim, can the aggravating circumstance of disregard
of age be appreciated? Yes, even if the offender was also very old, the disparity of their ages still matters.

Disregard of the Sex of the Offended Party


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A generic aggravating circumstance = can be offset by an ordinary mitigating circumstance.


Not applicable to cases attendant to negligence and carelessness
Not applicable to cases attendant to passion or obfuscation, vindication or those with sufficient provocation = because
of lack of intent
The victim contemplated in this paragraph should be a woman.
The offender should act with deliberate intent to disrespect the woman
Disregard of sex is absorbed in treachery

Dwelling a place or structure that satisfies the requirements of domestic life of a person
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A generic aggravating circumstance = can be offset by an ordinary mitigating circumstance


There should be no provocation on the part of the offended party
All the ingredients of the crime should be done in the dwelling
If the offender and offended are both occupants of the same house, dwelling cannot be appreciated
It may mean temporary dwelling

The crime was committed in the garage of the house, can the aggravating circumstance of dwelling be appreciated?
Yes, because the garage is part of the dwelling.
The crime was done in the roof? Yes.
A child was kidnapped in the stairs of the dwelling, there was no ransom but the child was killed in Cavite Yes, because
the stairs is still part of the dwelling.

A husband kills his wife in their conjugal house. No


The housemaid kills her/his employers house. No.

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