Art 14. Aggravating circumstances. The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

6. That the crime be committed in the nighttime, 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.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.

10. That 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.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means.

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.

1. 1. That advantage be taken by the offender of his public position

Requisites:

1. The offender is a public officer

2. The commission of the crime would not have been possible without the powers, resources and

influence of the office he holds.

Essential Public officer used the influence, prestige or ascendancy which his office gives him as

the means by which he realized his purpose.

Failure in official is tantamount to abusing of office

Wearing of uniform is immaterial what matters is the proof that he indeed took advantage of his

position

1. 2. That the crime be committed in contempt of or with insult to the public authorities

Requisites:

1. The offender knows that a public authority is present

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

3. The public authority is not the victim of the crime

4. The public authoritys presence did not prevent the criminal act

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VALOREXSticky NoteConflagration = fire

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VALOREXSticky Noteinundation - flood; place covered by water

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VALOREXSticky Noteignominy = to shame or public disgrace

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Example: Juan and Pedro are quarrelling and the municipal mayor, upon passing by, attempts to

stop them. Notwithstanding the intervention and the presence of the mayor, Juan and Pedro

continue to quarrel until Juan succeeds in killing Pedro.

Person in authority public authority who is directly vested with jurisdiction, has the power to

govern and execute the laws

Examples of Persons in Authority

1. Governor

2. Mayor

3. Barangay captain

4. Councilors

5. Government agents

6. Chief of Police

Rule not applicable when committed in the presence of a mere agent.

Agent subordinate public officer charged with the maintenance of public order and protection and

security of life and property

Example: barrio vice lieutenant, barrio councilman

1. 3. That the act be committed:

(1) with insult or in disregard of the respect due to the offended party on account of his (a) rank,

(b) age, (c) sex or

(2) that it be committed in the dwelling of the offended party, if the latter has not given

provocation.

circumstances (rank, age, sex) may be taken into account only in crimes against persons or honor,

it cannot be invoked in crimes against property

Rank refers to a high social position or standing by which to determine ones pay and

emoluments in any scale of comparison within a position

Age the circumstance of lack of respect due to age applies in case where the victim is of tender

age as well as of old age

Sex refers to the female sex, not to the male sex; not applicable when

1. The offender acted w/ PASSION AND OBFUSCATION

2. there exists a relation between the offender and the victim (but in cases of divorce decrees where

there is a direct bearing on their child, it is applicable)

3. the condition of being a woman is indispensable in the commission of the crime (Ex. Parricide,

rape, abduction)

Requisite of disregard to rank, age, or sex

1. Crimes must be against the victims person or his honor

2. There is deliberate intent to offend or insult the respect due to the victims rank, age, or sex

Disregard to rank, age, or sex is absorbed by treachery or abuse of strength

Dwelling must be a building or structure exclusively used for rest and comfort (combination house

and store not included)

1. may be temporary as in the case of guests in a house or bedspacers

2. basis for this is the sanctity of privacy the law accords to human abode

dwelling includes dependencies, the foot of the staircase and the enclosure under the house

Elements of the aggravating circumstance of dwelling

1. Crime occurred in the dwelling of the victim

2. No provocation on the part of the victim

Requisites for Provocation: ALL MUST CONCUR

1. given by the owner of the dwelling

2. sufficient

3. immediate to the commission of the crime

When dwelling may and may not be considered

When it may be considered When it may not be considered

although the offender fired the shot

from outside the house, as long as his

victim was inside

even if the killing took place outside

the dwelling, so long as the

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commission began inside the dwelling

when adultery is committed in the

dwelling of the husband, even if it is

also the dwelling of the wife, it is still

aggravating because she and her

paramour committed a grave offense

to the head of the house

In robbery with violence against

persons, robbery with homicide,

abduction, or illegal detention

If the offended party has given

provocation

If both the offender and the offended

party are occupants of the same

dwelling

In robbery with force upon things, it is

inherent

4. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness

Requisites of Abuse of Confidence Requisite of Obvious Ungratefulness

a) Offended party has trusted the offender

b) Offender abused such trust

c) Abuse of confidence facilitated

the commission of the crime

a) ungratefulness must be obvious, that is, there must be something which the offender should owe the victim a debt of gratitude for

Note: robbery or theft committed by a visitor

in the house of the offended party is

aggravated by obvious ungratefulness

Example: A jealous lover, already determined to kill his sweetheart, invited her for a ride and during

that ride, he stabbed her

Abuse of confidence is inherent in:

1. malversation

2. qualified theft

3. estafa by conversion

4. misappropriation

5. qualified seduction

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or when public

authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

Requirements of the aggravating circumstance of public office:

A polling precinct is a public office during election day

Nature of public office should be taken into account, like a police station which is on duty 24 hrs. a

day

place of the commission of the felony (par 5): if it is Malacaang palace or a church is aggravating,

regardless of whether State or official; functions are being held.

as regards other places where public authorities are engaged in the discharge of their duties, there

must be some performance of public functions

the offender must have intention to commit a crime when he entered the place

Requisites for aggravating circumstances for place of worship:

1. The crime occurred in the public office

2. Public authorities are actually performing their public duties

1. The crime occurred in a place dedicated to the worship of God regardless of religion

2. Offender must have decided to commit the crime when he entered the place of worship

When Paragraph 2 and 5 of Article 14 are applicable

Committed in the presence of the Chief Executive, in the Presidential Palace or a place of worship(Par. 5, Art. 14)

Committed in contempt of Public Authority

(Par. 2, Art 14)

Public authorities are performing of their duties when the crime is committed

Same

When crime is committed in the public office, the officer must be performing his duties, except in the Presidential Palace

Outside the office (still performing duty)

Public authority may be the offended party

Public authority is not be the offended party

6a. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place (3) by a band,

whenever such circumstances may facilitate the commission of the offense.

Nighttime, Uninhabited Place or By a Bang Aggravating when:

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VALOREXSticky Noteparamour - lover

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VALOREXSticky Notemalversation = Corrupt behavior in a position of trust

VALOREXSticky Notemisappropriation - malpractice

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VALOREXSticky NoteRequisites for aggravating circumstance for public office:

1. The crime occurred in the public office2. Public authorities are actually performing public duties

VALOREXSticky NoteRequisites for aggravating circumstances for place of worship:1. The crime in a place dedicated to the worship of God regardless of religion2. Offender must have decided to commit the crime when he entered the place of worship

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VALOREXSticky NoteNighttime, Uninhabited Place of By a Band Aggravating When:

1. It Facilitated the commission of the crime2. especially sought for by the offender to insure the commission of the crime or for the purpose of impunity3. when the offender took the advantage thereof for the purpose of impunity4. Commission of the crime must have began and accomplished at nighttime

Impunity means to prevent the accuseds being recognized or to secure himself against

detection or punishment

Nighttime begins at the end of dusk and ending at dawn; from sunset to sunrise

Uninhabited Place one where there are no houses at all, a place at a considerable distance from

town, where the houses are scattered at a great distance from each other

1. it facilitated the commission of the crime

2. especially sought for by the offender to insure the commission of the crime or for the purpose of

impunity

3. when the offender took the advantage thereof for the purpose of impunity

4. commission of the crime must have began and accomplished at nighttime

1. commission of the crime must begin and be accomplished in the nighttime

2. when the place of the crime is illuminated by light, nighttime is not aggravating

3. absorbed by Treachery

Requisites:

1. The place facilitated the commission or omission of the crime

2. Deliberately sought and not incidental to the commission or omission of the crime

3. Taken advantage of for the purpose of impunity

what should be considered here is whether in the place of the commission of the offense, there was

a reasonable possibility of the victim receiving some help

6b. Whenever more than 3 armed malefactors shall have acted together in the commission of an

offense, it shall be deemed to have been committed by a band.

Requisites:

if one of the four-armed malefactors is a principal by inducement, they do not form a band because

it is undoubtedly connoted that he had no direct participation,

Band is inherent in robbery committed in band and brigandage

It is not considered in the crime of rape

It has been applied in treason and in robbery with homicide

1. Facilitated the commission of the crime

2. Deliberately sought

3. Taken advantage of for the purposes of impunity

4. There must be four or more armed men

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or

other calamity or misfortune

Requisites:

1. Committed when there is a calamity or misfortune

1. Conflagration

2. Shipwreck

3. Epidemic

2. Offender took advantage of the state of confusion or chaotic condition from such misfortune

Basis: Commission of the crime adds to the suffering by taking advantage of the misfortune.

based on time

offender must take advantage of the calamity or misfortune

Distinction between Paragraphs 7 and 12 of Article 14

Committed during a calamity or misfortune Committed with the use of wasteful means

Crime is committed DURING any of the calamities

Crime is committed BY using fire, inundation, explosion or other wasteful means

8. That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford

impunity

based on the means and ways

Requisites:

Exceptions:

1. that armed men or persons took part in the commission of the crime, directly or indirectly

2. that the accused availed himself of their aid or relied upon them when the crime was committed

1. when both the attacking party and the party attacked were equally armed

2. not present when the accused as well as those who cooperated with him in the commission of the

crime acted under the same plan and for the same purpose.

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VALOREXSticky NoteRequisites:

1. That armed men or persons took part in the commission of the crime, directly, or indirectly2. That the accused availed himself of their aid relied upon them when the crime was committed

Exceptions:

1. When both the attacking party and the party attacked were equally armed2. Not present when the accused as well as those who cooperated with him in the commission of crime acted under the same plan and for the same purpose.3. Casual presence, or when the offender did not avail himself of any their aid nor did not knowingly count upon their assistance in the commission of the time.

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VALOREXSticky NoteNighttime begins at the end of dusk and ending at dawn; from sunset to sunrise:

1. Commission of the crime must begin and be accomplished in the nighttime2. When the place of the crime is illuminated by light, nighttime is not aggravating3. The offense must be actually committed in the darkness of the night.

3. Casual presence, or when the offender did not avail himself of any of their aid nor did not knowingly

count upon their assistance in the commission of the crime

WITH THE AID OF ARMED MEN BY A BAND

Present even if one of the offenders merely relied on their aid. Actual aid is not necessary

Requires more than 3 armed malefactors who all acted together in the commission of an offense

if there are more than 3 armed men, aid of armed men is absorbed in the employment of a band.

9. That the accused is a recidivist

Recidivist one who at the time of his trial for one crime, shall have been previously convicted by

final judgment of another crime embraced in the same title of the RPC

Basis: Greater perversity of the offender as shown by his inclination to commit crimes

Requisites:

What is controlling is the time of the trial, not the time of the commission of the offense. At the time

of the trial means from the arraignment until after sentence is announced by the judge in open

court.

When does judgment become final? (Rules of Court)

Example of Crimes embraced in the Same title of the RPC

Q: The accused was prosecuted and tried for theft, robbery and estafa. Judgments were read on

the same day. Is he a recidivist?

1. offender is on trial for an offense

2. 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 RPC

4. the offender is convicted of the new offense

1. after the lapse of a period for perfecting an appeal

2. when the sentence has been partially or totally satisfied or served

3. defendant has expressly waived in writing his right to appeal

4. the accused has applied for probation

1. robbery and theft title 10

2. homicide and physical injuries title 8

A: No. Because the judgment in any of the first two offenses was not yet final when he was tried for the

third offense

Recidivism must be taken into account no matter how many years have intervened between the

first and second felonies

Pardon does not obliterate the fact that the accused was a recidivist, but amnesty extinguishes the

penalty and its effects

To prove recidivism, it must be alleged in the information and with attached certified copies of the

sentences rendered against the accused

Exceptions: if the accused does not object and when he admits in his confession and on the

witness stand.

10. That 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

Reiteracion or Habituality it is essential that the offender be previously punished; that is, he has

served sentence.

Par. 10 speaks of penalty attached to the offense, not the penalty actually imposed

REITERACION RECIDIVISM

Necessary that offender shall have served out his sentence for the first sentence

Enough that final judgment has been rendered in the first offense

Previous and subsequent offenses must not be embraced in the same title of the Code

Same title

Not always an aggravating circumstance Always aggravating

4 Forms of Repetition

Habitual Delinquency when a person 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, robbery, theft, estafa or

falsification is found guilty of any of said crimes a third time or oftener.

Quasi-Recidivism any person who shall commit a felony after having been convicted by final

judgment, before beginning to serve such sentence, or while serving the same, shall be punished

by the maximum period of the penalty prescribed by law for the new felony

1. Recidivism generic

2. Reiteracion or Habituality generic

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VALOREXSticky NoteRequisites for Recidivist:

1. Offender is on Trial for an offense2. he was previously convicted by final judgment of another crime3. that both the first and the second offenses are embraced in the same title of the RPC4. the offender is convicted of the new offense

VALOREXSticky NoteWhen does judgment become final? (Rules of Court)1. after the lapse of a period for perfecting an appeal2. when the sentence has been partially or totally satisfied or served3.defendant has expressly waived in writing his right to appeal4. the accused has applied for probation

VALOREXSticky NoteExample of Crimes embraced in the same title of the RPC:

1. robbery and theft - Title 102. homicide and physical injuries - title 8

VALOREXSticky NoteAnswer:No. Because the judgment in any of the first two offenses was not yet final when he was tried for the third offense.

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VALOREXSticky NoteQuasi-Recidivism - while serving the sentence or before the the serving of the sentence the offender committed a FELONY.

3. Multiple recidivism or Habitual delinquency extraordinary aggravating

4. Quasi-Recidivism special aggravating

11. That the crime be committed in consideration of a price, reward or promise.

Requisites:

1. At least 2 principals

1. The principal by inducement

2. The principal by direct participation

2. the price, reward, or promise should be previous to and in consideration of the commission of the

criminal act

Applicable to both principals.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding a

vessel or intentional damage thereto, or derailment of a locomotive, or by use of any other artifice

involving great waste or ruin.

Requisite: The wasteful means were used by the offender to accomplish a criminal purpose

13. That the act be committed with evident premeditation

Essence of premeditation: the execution 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 judgment

Requisites:

Conspiracy generally presupposes premeditation

When victim is different from that intended, premeditation is not aggravating. Although it is not

necessary that there is a plan to kill a particular person for premeditation to exist (e.g. plan to kill

first 2 persons one meets, general attack on a villagefor as long as it was planned)

The premeditation must be based upon external facts, and must be evident, not merely suspected

indicating deliberate planning

Evident premeditation is inherent in robbery, adultery, theft, estafa, falsification, and etc.

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 act and to allow his conscience to overcome the resolution of his will

14. That (1) craft, (2) fraud, or (3) disguise be employed

Craft involves intellectual trickery and cunning on the part of the accused.

It is employed as a scheme in the execution of the crime (e.g. accused pretended to be members of the

constabulary, accused in order to perpetrate rape, used chocolates containing drugs)

Fraud involves insidious words or machinations used to induce victim to act in a manner which

would enable the offender to carry out his design.

as distinguished from craft which involves acts done in order not to arouse the suspicion of the

victim, fraud involves a direct inducement through entrapping or beguiling language or

machinations

Disguise resorting to any device to conceal identity. Purpose of concealing identity is a must.

Distinction between Craft, Fraud, and Disguise

Craft Fraud Disguise

Involves the use of intellectual trickery and cunning to arouse suspicion of the victim

Involves the use of direct inducement by insidious words or machinations

Involves the use of devise to conceal identity

Requisite: The offender must have actually taken advantage of craft, fraud, or disguise to facilitate

the commission of the crime.

Inherent in: estafa and falsification.

15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the

defense

To purposely use excessive force out of the proportion to the means of defense available to the

person attacked.

Requisite of Means to Weaken Defense

To weaken the defense illustrated in the case where one struggling with another suddenly throws

a cloak over the head of his opponent and while in the said situation, he wounds or kills him. Other

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VALOREXSticky NoteRequisite of means to Weaken Defense:1. Superiority may arise from the aggressor's sex, weapon or number as compared to that of the victim (e.g. accused attacked an unarmed girl with a knife; 3 men stabbed to death the female victim)2. No advantage of superior strength when one who attacks is overcome with passion and obfuscation or when quarrel arose unexpectedly and the fatal blow was struck while victim and accused were struggling.3. Versus by a band: circumstance of abuse of superior strength, what is taken into account is not the number of aggressors nor the fact that they are armed but their relative physical might vis-a-vis the offended party.

***Page 426.Abuse of superior strength, however, should not be applied to the case of a husband who kills his wife, for the reason that sex is inherent in the crime of parricide. (Decision of the Supreme Court of Spain of April 28, 1873; People v. Galapia, 84 SCRA 526)

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means of weakening the defense would be intoxication or disabling thru the senses (casting dirt of

sand upon anothers eyes)

1. Superiority may arise from aggressors sex, weapon or number as compared to that of the victim

(e.g. accused attacked an unarmed girl with a knife; 3 men stabbed to death the female victim).

2. No advantage of superior strength when one who attacks is overcome with passion and

obfuscation or when quarrel arose unexpectedly and the fatal blow was struck while victim and

accused were struggling.

3. Vs. by a band : circumstance of abuse of superior strength, what is taken into account is not the

number of aggressors nor the fact that they are armed but their relative physical might vis--vis the

offended party

1. Means were purposely sought to weaken the defense of the victim to resist the assault

2. The means used must not totally eliminate possible defense of the victim, otherwise it will fall under

treachery

16. That the act be committed with treachery (alevosia)

TREACHERY: when the offender commits any of the crime against the person, employing means,

methods or forms in the execution thereof which tend directly and specially to insure its execution

without risk to himself arising from the defense which the offended party might make.

Requisites:

Treachery cant be considered when there is no evidence that the accused, prior to the moment

of the killing, resolved to commit to crime, or there is no proof that the death of the victim was the

result of meditation, calculation or reflection.

Examples: victim asleep, half-awake or just awakened, victim grappling or being held, stacks from

behind

But treachery may exist even if attack is face-to-face as long as victim was not given any chance

to prepare defense

1. that at the time of the attack, the victim was not in the position to defend himself

2. that the offender consciously adopted the particular means, method or form of attack employed by

him

1. does not exist if the accused gave the deceased chance to prepare or there was warning given or

that it was preceded by a heated argument

2. there is always treachery in the killing of child

3. generally characterized by the deliberate and sudden and unexpected attack of the victim from

behind, without any warning and without giving the victim an opportunity to defend himself

TREACHERY ABUSE OF SUPERIOR

STRENGTH

MEANS EMPLOYED TO

WEAKEN DEFENSE

Means, methods or forms are employed by the offender to make it impossible or hard for the offended party to put any sort of resistance

Offender does not employ means, methods or forms of attack, he only takes advantage of his superior strength

Means are employed but it only materially weakens the resisting power of the offended party

Where there is conspiracy, treachery is considered against all the offenders

Treachery absorbs abuse of strength, aid of armed men, by a band and means to weaken the

defense

17. That the means be employed or circumstances brought about which add ignominy to the natural

effects of the acts

IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to

the material injury caused by the crime

Applicable to crimes against chastity (rape included), less serious physical injuries, light or grave

coercion and murder

Requisites:

Examples: accused embraced and kissed the offended party not out of lust but out of anger in front

of many people, raped in front of the husband, raped successively by five men

tend to make the effects of the crime more humiliating

Ignominy not present where the victim was already dead when such acts were committed against

his body or person

1. Crime must be against chastity, less serious physical injuries, light or grave coercion, and murder

2. The circumstance made the crime more humiliating and shameful for the victim

18. That the crime be committed after an unlawful entry

Unlawful entry when an entrance is effected by a way not intended for the purpose. Meant to

effect entrance and NOT exit.

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VALOREXSticky NoteTo weaken the defense:

1. Means were purposely sought to weaken the defense of the victim to resist the assault2. The means used must not totally eliminate possible defense of the victim, otherwise it will fall under treachery.

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VALOREXSticky NoteRequisites of Treachery;

1. that at the time of the attack, the victim was not in the position to defend himself2. that the offender consciously adopted the particular means, method or form of attack employed by him

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VALOREXSticky NoteTreachery:

1. does not exist if the accused gave the deceased chance to prepare or there was warning given or that it was preceded by a heated argument2. there is always treachery in the killing of child3. generally characterized by the deliberate and sudden and unexpected attack of the victim from behind, without any warning and without giving the victim an opportunity to defend himself.

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VALOREXSticky NoteRequisites for Ignominy:

1. Crime must be against chastity, less serious physical injuries, light or grave coercion, and murder2. The circumstance made the crime more humiliating and shameful for the victim

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Why aggravating? One who acts, not respecting the walls erected by men to guard their property

and provide for their personal safety, shows greater perversity, a greater audacity and hence the

law punishes him with more severity

Example: Rapist gains entrance thru the window

Inherent in: Trespass to dwelling, robbery with force upon things, and robbery with violence or

intimidation against persons.

19. That as a means to the commission of the crime, a wall, roof, door or window be broken

Requisites:

Applicable only if such acts were done by the offender to effect entrance.

Breaking is lawful in the following instances:

1. A wall, roof, window, or door was broken

2. They were broken to effect entrance

1. an officer in order to make an arrest may break open a door or window of any building in which the

person to be arrested is or is reasonably believed to be;

2. an officer if refused admittance may break open any door or window to execute the search warrant

or liberate himself,

20. That the crime be committed (1) with the aid of persons under 15 years of age, or (2) by means of

motor vehicles, airships or other similar means.

Reason for #1: to repress, so far as possible, the frequent practice resorted to by professional

criminals to avail themselves of minors taking advantage of their responsibility (remember that

minors are given leniency when they commit a crime)

Example: Juan instructed a 14-year old to climb up the fence and open the gate for him so that he may

rob the house

Reason for #2: to counteract the great facilities found by modern criminals in said means to commit

crime and flee and abscond once the same is committed. Necessary that the motor vehicle be an

important tool to the consummation of the crime (bicycles not included)

Example: Juan and Pedro, in committing theft, used a truck to haul the appliances from the mansion.

21. That the wrong done in the commission of the crime be deliberately augmented by causing other

wrong not necessary for its commission

Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing

him unnecessary physical pain in the consummation of the criminal act. Cruelty cannot be presumed nor

merely inferred from the body of the deceased. Has to be proven.

1. mere plurality of words do not show cruelty

2. no cruelty when the other wrong was done after the victim was dead

Requisites:

1. that the injury caused be deliberately increased by causing other wrong

2. that the other wrong be unnecessary for the execution of the purpose of the offender

IGNOMINY CRUELTY

Moral suffering subjected to humiliation Physical suffering

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VALOREXSticky NoteRequisites to as means to the commission of the crime, a wall, roof, door, or a window be broken:

1. A wall, roof, window, or door was broken2. They were broken to the effect entrance

VALOREXSticky NoteBreaking is lawful in the following instances:

1. an officer in order to make an arrest may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be2. an officer if refused admittance may break open any door or window to execute the search warrant or liberate himself

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