Aggravating-Circumstances are classified into.pptx

Aggravating Circumstances are classified into: ordinary aggravating, special aggravating circumstance, qualifying and inherent aggravating circumstances.

1. D. AGGRAVATING CIRCUMSTANCES Aggravating circumstances are classified into; ordinary aggravating circumstance, special aggravating circumstance, qualifying circumstance and inherent aggravating circumstance .

2. Ordinary or generic circumstance unless offset by a mitigating circumstance shall require the application of divisible penalty in its maximum period (Article 64 of the RVP) or the application of greater penalty of reclusion perpetua to death(Article 63) Mitigating and aggravating circumstances shall not be considered in the imposition of the penalty in the following cases: 1. If the crime is imprudence or negligence (Article 365 of RPC) 2. If the penalty is single and indivisible (Article 63) 3. f special law has not adopted the technical nomenclature of the penalties of the RPC (People v. Simon, G.R. No. 93028, July 29,1994) 1. GENERIC AGGRAVATING CIRCUMSTANCE

3. -Contempt of or insult to public authorities is an ordinary aggravating circumstance. -The term public authority refers to a person in authority . It does not include an agent of person in authority. (People v. Tiongson, G.R. Nos. L-35123-24 July 25,1984) Under Article 52 of the RPC, teachers and lawyers are person in authority for purposes of applying the provisions of Article 148 and 151 on crimes of direct assault and resistance. Hence, they are not persons in authority for purposes of applying the provisions of: (1) Article 14 on contempt of public authorities (People v. Tac-an, G.R. No. 76338, February 26, 1990) (2) Article 91 on the running of prescription upon discovery of crime by person in authority; and (3)Article 177 on usurpation of the function of person in authority. a. Contempt of or Insult to Public Authorities

4. There are places which every individual are duty bound to respect. These places are the: 1. Malaca ῆ ang Palace or any place whenever the President was present 2. Place where public authorities are engaged in the discharged of their duty, 3. Place dedicated to worship and 4. Dwelling of the offended party Committing crime in disregard of any of these places is an ordinary aggravating circumstance. i . Building - If the crime was committed in a place dedicated to religious worship(church or mosque; but not cemetery), or place of commission is an aggravating circumstance. Discharge of religious or executive function or the presence of priest in the church or the President in the palace is not required to appreciate this circumstance b. Place of Commision

5. ii. Outside of the Building – if the crime is committed outside the place devoted to religious worship, palace of the Chief Executive or place where public authorities are engaged in the discharge of their duties, the rules are as follows: If the crime is committed in the presence of the priest, the circumstance is not aggravating. If the crime is committed in the presence of the President, the place of commission is an aggravating circumstance. It is not required that the President is discharging his official duties at the time. If the crime is committed in the presence of the public authorities, the circumstance of place of commission is not aggravating. b. Place of Commision

6. c. Disregard of Rank

7. It must shown that the accused deliberately intended to offend or insult the sex of the victim or showed manifest disrespect to her womanhood. (People v. Puno, supra; People v. Reyes, G.R. 153119, April 13,2004) In sum, the accused must commit some specific insult or disrespect to her womanhood (People v. Ursal and Ursal , G.R. No. L-33768, April 20,1983) such as removing her blouse before killing her.( People v. Clementer G.R. No. L-33490: note: the circumstance of ignominy may be appreciated instead of disregard of sex). d. Disregard of Sex

8. To appreciate the aggravating circumstance of disregard of age, the accused must deliberately intend to offend or insult the age at the offended party. (People v. Onabia , G.R. No. 128288, April 20.1999 e. Disregard of Age

9. e. Disregard of Dwelling

10. Under Article 10(15) of the Old Penal Code, that nocturnity , band or despoblado shall be taken into consideration by the courts according to the nature and incident of the crime. Howeever , Article 14(6) of the RPC has eliminated the phrase according to the nature and incidents of the crime and instead considers nighttime, uninhabited place and bands as aggravating whenever such circumstances may facilitate the commission of the offense. i . Nighttime Per se ii. Darkness and Silent of the Night g. Nighttime

11. The fine distinction between fraud and craft as ordinary aggravating circumstances is unnecessary as these terms are variants of means employed to deceive the victim and if all these are present in the same case, they shall be applied as a single aggravating circumstance (Justice Florenz Regalado). In fact, there are cases where the Supreme Court treated the deception (such as pretending to a customer)of the accused that facilitate the commission of the crime as the aggravating circumstance of fraud or craft(People v. Empacis , G.R. No. 95756,May 14,1993; People v. Lor G.R. No. L-47440-42, September 12, 1984) or craft and fraud. (People v. Labugen , G.R. No. 127849, August 9, 2000, En Banc) The aggravating circumstances of craft and fraud shall be treated as one. i . To facilitate the Commission of Crime ii. To Afford Impunity h. Craft or Fraud

12. There is special aggravating circumstance of “exploitation of children” if the accused makes use, takes advantage of, or profits from the use of children, or abuses his authority over the child or takes advantage of the vulnerabilities of the child with abuse of confidence to induce, threaten or instigate the commission of the crime. (Section 20-C R.A. No. 9344 as amended by RA No. 10365) Exploitation of children for the commission of crimes is a special aggravating circumstance, where the penalty shall be applied in its maximum period regardless of the presence of mitigating circumstances. i . Aid of Minor

13. Aggravating circumstances shall be appreciated if the motorcycle was purposely sought to facilitate the commission of the offense (People v. Sanchez, G.R. No. 13116, August 27,1999), and to facilitate their escape after they accomplished their mission (People v. Salahuddin, G.R. No. 206291, January 18, 2016) j. Motor Vehicle

14. The effects of the ordinary aggravating circumstance and special aggravating circumstance are the same. The presence of ordinary or special aggravating circumstance will require the application of the prescribed penalty in its maximum period but the same cannot increase the penalty to the next higher degree. However, while in an ordinary mitigating circumstance, a special aggravating circumstance is not subject to offset rule. The following are special aggravating circumstance: (1) taking advantage of position; organized/syndicated crime group(Article 62 of the RPC); (2) quasi-recidivism (Article 160 of the code); (3) complex crime (Article 48 of the code) (4) use of loose firearm (section 29 of RA No. 10591); (5) under influence of drugs (Section 25 of RA 9165;)and (6) exploitation of minor. (Section 20-C of RA No. 10630) 2. SPECIAL AGGRAVATING CIRCUMSTANCES

15. A. Complex Crime B. Organized/Syndicated Crime Group C. Taking Advantage of Public Position D. Uninhabited Place -to facilitate the commission of the crime -to afford Impunity E. Band -armed -four armed men -principal participation 2. SPECIAL AGGRAVATING CIRCUMSTANCES

16. -changes the nature of the crime is an element thereof. -for ex. Treachery is a qualifying circumstance, the presence of treachery qualifies the killing to murder. Treachery is included in the definition of murder. 3. QUALIFYING AGGRAVATING CIRCUMSTANCES

17. The difference between generic aggravating circumstance and qualifying circumstance are as follows: - Generic aggravating circumstances have the effect of increasing the penalty for the crime to its maximum period, but it cannot increase the same to the next higher degree. (People v. De Leon, G.R. No. 179943, June 26,2009; Qualifying circumstances change the name and nature of the crime and cause the imposition of a penalty graver than the crime being qualified. -Generic aggravating circumstance can be offset by an ordinary mitigating circumstance (People v. De Leon G.R. No. 179943, June 26,2009) while qualifying circumstance is not subject to offset rule. (People v. Abletes , G.R. No. L-33304, July 31, 1974) 3. QUALIFYING AGGRAVATING CIRCUMSTANCES

18. a. Aid of Armed Men b. Aid of Person who Insure or afford Impunity c. Disguise d. Calamity or Misfortunate e. Using Artifice Involving Great Waste and Ruin i . Great Waste and Ruin ii. By Means of Fire iii. By Means of Explosives f. Treachery i . Crimes against person ii. Requisites iii. Continuous and Non-Continuous Attacks iv. Treachery and Nighttime 3. QUALIFYING AGGRAVATING CIRCUMSTANCES

19. g. Employment of Means to Weaken the Defense h. Abuse of Superior Strength i . Consideration of Price, Reward or Promise j. Evident Premeditation i . Evident ii. Object of Premeditation iii. Conspiracy and Evident Premeditation iv. Inherent Circumstance k. Ignominy l. Cruelty i . Prolong Physical Suffering ii. Number of Wound iv. Cruelty and Treachery 3. QUALIFYING AGGRAVATING CIRCUMSTANCES

20. m. Abuse of Confidence and Obvious Ungratefulness n. Unlawful Entry o. Breaking Door on Window i . Dwelling ii. Entry iii. Trespassing 3. QUALIFYING AGGRAVATING CIRCUMSTANCES