AGGRAVATING CIRCUMSTANCE (ART.

DETAILS BASIS REQUISITES ATTENDANT / DOCTRINE

14 OF RPC) INHERENT / ABSORBED
IN / ABSORBS /
EXCLUDED

1. That advantage be taken by the 1. Means of personal Use of IPA: Inherent in: 1. Offender is a public officer
offender of his public position. circumstance; and 1. Influence 1. Art. 19 2. Specific/special aggravating
2. Means to secure the 2. Prestige 2. Art. 204-205 circumstance
commission of the crime. 3. Ascendancy 3. Cannot exist without the office
4. Intimately connected with the office
5. Deliberate intent to use IPA

2. That the crime be committed in 1. Lack of respect for the public 1. The public authority is engaged 1. Not applied in the presence of agent of
contempt or with insult to the public authorites. in the exercise of his functions; authority only.
authorities. 2. That the public authority is not Contrary view: People vs. Rodil
the person against whom the crime 2. Teacher or professors in a public or
is committed; private school and lawyers are not public
3. The offender knows him to be a authorities.
public authority; Contrary view: Article 578 amending Art.
4. His presence has not prevented 152
the offender from committing the
criminal act.
3. That the act be committed with insult or 1. With insult or disregard of 1. Personal circumstance Absorbed in: Rank:
in disregard of the respect due the respect due to rank; 2. Place Rank is absorbed in Direct 1. The four circumstance can be
offended party on account of his rank, 2. Disregard of respect due to assault. considered singular or altogether.
age, or sex, or that is be committed in the age; 2. Considered separately if the elements
dwelling of the offended party, if the latter 3. Disregard of respect due to Excluded in: of each are distinctly perceived or can
has not given provocation. sex; Dwelling is excluded in subsist independently.
4. Committed in the dwelling of Treachery. 3. Crime against person, honor and
the offended party who gave no security.
provocation. Inherent in: 4. Rank – designation or title of
Dwelling is inherent in distinction, high social position or standing
robbery committed by use 4. There is difference in the social
of force upon things. condition of the offender and offended
party.

Age:
1. May refer to old age or the tender age.

Sex:
1. Refers to female sex only.
2. There is deliberate intent to offend or
insult the sex.
3. Disregard of sex and age pertains to
the relationship of the victim.

Not applicable in:

1. Passion and obfuscation
2. There is relationship between the
offender and the offended party.
3. Condition of being a woman is
indispensable.
4. No intent to offend the age

Dwelling:
1. Exclusive use for rest and comfort.
2. Includes dependencies, foot of the
CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

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14 OF RPC) INHERENT / ABSORBED
IN / ABSORBS /
EXCLUDED

staircase and enclosure under the house.

3. Does not mean permanent residence
or owned.
4. The crime should be wholly or partially
committed therein or any integral part
thereof.
5. It is not necessary that the accused
actually entered the dwelling.
6. The crime began in the dwelling even
the killing was committed outside.
7. There is abuse of confidence and
violation of sanctity of home.
8. Includes commission of crime in
boarding house and paternal home.
9. Does not include if the victim is only a
visitor or guest.
10. Condition sine qua non is that the
offended party has not given provocation.
11. Not aggravating when both are
occupants of the same house.
12. Aggravating in robbery with violence
against or intimidation of persons.
13. Aggravating in robbery with homicide.
4. That the act be committed with abuse of 1. Abuse of confidence 1. Means and ways employed Abuse of confidence: Inherent in: Abuse of confidence:
confidence or obvious ungratefulness. 2. Obvious ungratefulness 1. That the abuse of confidence 1. Qualified seduction 1. The confidence should be immediate
facilitated the commission of the 2. Qualified theft and personal.
crime; 3. Estafa by conversion or
2. That the offender abused such misappropriation Obvious ungratefulness:
trust by the committing the crime 4. Malversation 1. Ungratefulness must be obvious, clear,
against the offended party; and manifest ingratitude on the part of the
3. That the offended party trusted accused.
the offender.

Obvious ungratefulness:
1. That the offended party trusted
the offender;
2. That the offender abused such
trust by committing a crime against
the offended party;
3. That the act be committed with
obvious ungratefulness.
5. That the crime be committed in the 1. In the palace 1. Place which must be 1. The President need not be in
palace of the Chief Executive or in his 2. In the presence of Chief respected Malacanang. His mere presence will
presence, or where public authorities are Executive suffice.
engaged in the discharge of their duties, 3. Where public authorities are 2. There is intent to commit the crime.
or in a place dedicated to religious engaged in the discharge of their 3. The public authorities should be in their
worship. duties. office or place where they conduct their
4. Place dedicated to religious public duty.
worship. 4. Cemeteries and private chapels are
excluded.

6. That the crime be committed in the 1. In the nighttime 1. Time and place. Nighttime: Absorbed in: 1. Can subsist independently if their
CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

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 AGGRAVATING CIRCUMSTANCE (ART. DETAILS BASIS REQUISITES ATTENDANT / DOCTRINE
14 OF RPC) INHERENT / ABSORBED
IN / ABSORBS /
EXCLUDED

night time, or in an uninhabited place, or 2. In an uninhabited place 2. Means and ways employed. 1. When it facilitated the GR: Treachery elements are distinctly palpable and can
by a band, whenever such circumstances 3. By a band (at least 4 armed commission of the crime; ER: Different factual bases subsist independently.
may facilitate the commission of the men) 2. When especially sought by the 2. Not applicable when the mitigating
offense. offender’ and Absorbs: circumstance are passion and obfuscation
3. When the offender took Band: GR: Abuse of or sufficient provocation are present.
Whenever more than three armed advantage thereof. superior strength and use
malefactors shall have acted together in of firearms. Nighttime:
the commission of an offense, it shall be Band: ER: Except for unlicensed 1. Beginning at the end of dusk and
deemed to have been committed by a 1. At least four (4) armed men or firearms. ending at dawn.
band. persons took part in the 2. The start and end of the crime should
commission of the crime, directly or be committed during nighttime.
indirectly. 3. Not considered if the place of the crime
2. The accused availed himself of is illuminated by light – moon, torch,
their aid or relied upon them. gasera. Does not include matchstick and
flashlight.
4. Cannot be applied to accidental
meeting.

Uninhabited place:
1. No houses at all, considerable distant
from the town, or the houses are
scattered at a great distance.
2. Whether or not in the place of
commission, there was reasonable
possibility of the victim receiving some
help.
3. The solitude of the place was sought in
order to attain the purpose.
4. Cannot be applied to chance
encounters.

Band:
1. All principals by direct participation.
2. Conspiracy is presumed.
3. Can be appreciated with conspiracy as
the latter is not an aggravating
circumstance. Thus, it cannot absorb the
former.
4. If one is principal by inducement,
aggravating circumstance of having acted
with aid of armed men may be
considered.
5. Not applicable to crimes against
chastity, but applicable to crimes against
property, persons, illegal detention, and
treason.
6. Arm may refer to stone.
7. Not considered when armed men met
up casually with others.

7. That the crime be committed on the 1. Time Attendant in: 1. Ejusdem generis – of the same class or
occasion of a conflagration, shipwreck, Murder (Art. 248) nature
CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

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14 OF RPC) INHERENT / ABSORBED
IN / ABSORBS /
EXCLUDED

earthquake, epidemic or other calamity or 2. Will not be considered if the accused

misfortune. did not take advantage of it.
8. That the crime be committed with the 1. Means and ways employed 1. That armed men took part in the Attendant in: 1. The armed men are only accomplices
aid of armed men or persons who insure commission of the crime, directly or Murder (Art. 248) who take part in that minor capacity
or afford impunity. indirectly; directly or indirectly.
2. That the accused availed himself 2. Mere presence does not constitute an
of their aid or relied upon them aggravating circumstance.
when the crime was committed. 3. Not applicable when both the offender
and offended are armed.
4. Not applicable when the accused and
the armed men acted under the same
plan and for the same purpose,
5. At least two (2).
6. What is necessary is the reliance to
their aid and not the actual aid.
7. Includes armed women.
9. That the accused is a recidivist. 1. Inclination to crimes 1. That the offender is on trial for an 1. A recidivist is entitled to the benefits of
offense; Indeterminate Sentence Law but not on
A recidivist is one who, at the time of his 2. That he was convicted of final availing credit for his preventive
trial for one crime, shall have been judgment of another crime; imprisonment.
previously convicted by final judgment of 3. That the offender is convicted of 2. What is controlling is the time of the
another crime embraced in the same title the new offense; trial, not the commission of the offense.
of this Code. 4. That both first and second 3. If both offenses are committed in the
offenses are embraced in the same same date, they shall be considered as
title of RPC. one.
4. Judgment of conviction handed down
on the same day shall be considered as
only one conviction.
5. It should be alleged.
6. The number of intervening years
between that conviction and subsequent
convictions is immaterial.
7. Pardon does not obliterate the fact of
his prior conviction.
10. That the offender has been previously 1. Offense to which the law 1. Inclination to crimes. 1. That the accused is on trial for 1. There is actual punishment or service
punished by an offense to which the law attaches equal or greater penalty; an offense; of previous offense.
attaches an equal or greater penalty or for 2. Two or more crimes to which it 2. That he has previously served 2. There is no reiteracion if the accused is
two or more crimes to which it attaches a attaches lighter penalty. sentence for another offense to still serving the previous sentences during
lighter penalty. which the law attaches equal or the commission of the subsequent
greater penalty or for two or more offense.
crimes to which it attaches a lighter 3. Records should show/disclose
penalty; reiteracion.
3. He is convicted of the new 4. It should be alleged.
offense.
11. That the crime be committed in 1. Motivating power. 1. It should be the primary reason. Attendant in: 1. This should be the primary reason or
consideration of a price, reward, or Murder (Art. 248) primordial motive.
promise. 2. Two principals – the one who gave and
the one who accepted.
12. That the crime be committed by 1. Fire 1. Means and ways employed. Attendant in:
means of inundation, fire, poison, 2. Inundation Murder (Art. 248)
explosion, stranding of a vessel or 3. Poison
international damage thereto, derailment 4. Explosion Inherent in: Fire, explosion,
CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

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IN / ABSORBS /
EXCLUDED

of a locomotive, or by the use of any other 5. Stranding of a vessel or and derailment of

artifice involving great waste and ruin. intentional damage thereto locomotive may be part of
6. By the use of any other artifice arson, destruction, and
involving great waste and ruin damages and obstruction to
7. Derailment of a locomotive means of communication.
13. That the act be committed with evident 1. Ways of committing the crime. 1. The time when the offender Attendant in: Murder (Art. 1. May not be appreciated when absent of
premeditation. determined to commit the crime; 248) proof as to how and when the plan to kill
2. An act manifestly indicating that was hatched or what time elapsed before
the culprit has clung to his Inherent in: Robbery. But it was carried.
determination. may be aggravating in 2. Presumed to exist in conspiracy directly
3. Sufficient lapse of time between robbery with homicide if the proven, not in implied in implied
the determination and execution of premeditation included the conspiracy.
the crime, to allow him to reflect killing of the victim. 3. The person premeditated must be the
upon the consequences of his act same person offended.
and to allow his conscience to Absorbed in: Reward or 4. GR: Not applicable in error in personae
overcome the resolution of his will. promise only insofar as the and aberration ictus.
inducer. ER: General plan to kill anyone
14. That the craft, fraud or disguise be 1. Craft – intellectual trickery or 1. Means employed. Absorbed in:
employed. cunning Craft and fraud may be
2. Fraud – insidious words or absorbed in treachery.
machination
3. Disguise be employed – make Inherent in:
identification more difficult Fraud is inherent in estafa.

15. That advantage be taken of superior 1. Superior strength 1. Greater criminal perversity Attendant in: Murder (Art. Superior Strength:
strength, or means be employed to 2. Means to weaken the defense 248) 1. The strength is out of proportion. The
weaken the defense. test is the relative strength of the offender
Absorbed in: Treachery and his victim.
2. Not applicable in passion and
Absorbs: Cuadrilla (Band) obfuscation.
3. Not applicable when quarrel arose
unexpectedly.
4. Superiority in number does not
necessarily mean superiority in strength.
The aggressor should have taken
advantage.
5. Applicable to the usage of a weapon
that is out of proportion to the defense
available.
6. There is no abuse of superior strength
when attacked alternately.

Means employed to weaken defense:

1. Applicable only to crimes against
persons or crimes against persons and
property.
16. That the act be committed with 1. Means and ways employed 1. That at the time of the attack, the Attendant in: Murder (Art. 1. Applicable only to crimes against
treachery (alevosia). victim was not in a position to 248) person.
defend himself; 2. Does not insure the accomplishment of
There is treachery when the offender 2. That the offender consciously Absorbs: the crime but of its execution.
commits any of the crimes against the adopted the particular means, 1. Craft 3. The mode of attack must be
person, employing means, methods, or method, or form of attack employed 2. Abuse of superior consciously adopted.
CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

For personal use only.

 AGGRAVATING CIRCUMSTANCE (ART. DETAILS BASIS REQUISITES ATTENDANT / DOCTRINE
14 OF RPC) INHERENT / ABSORBED
IN / ABSORBS /
EXCLUDED

forms in the execution thereof which tend by him. strength 4. Is taken into account even if the crime
directly and specially to ensure its 3. Nighttime against the person is complexed with
execution, without risk to himself arising 4. Aid of armed men another felony involving a different
from the defense which the offended party 5. Cuadrilla (band) classification of RPC.
might make. 6. Employing means to 5. Not considered as aggravating
weaken the defense circumstance if already considered as
qualifying circumstance.
6. No treachery if the decision was made
all of a sudden, impulse of the accused,
due to passion, or no preparation on the
part of the accused in killing the victim.
7. Appreciated in the killing of a child even
if the manner of attack is not shown.
8. Continuous aggression – treachery
must be present at the beginning.
9. There was interruption – Treachery
must be present at the time the fatal blow
was given.
10. There is treachery when there is
generic intent to kill any person belonging
to the class, there is aberration ictus, error
in personae, and the victim was
forewarned on the attack because the test
is whether the victim has the capacity to
retaliate or defend himself.
11. Cannot exist with passion r
obfuscation.
12. Cannot qualify Robbery with Homicide
because when comes to special complex
crimes, treachery is only a generic
aggravating circumstance.

17. That means be employed or Ignominy – Circumstance 1. Means employed. 1. Not appreciated when committed after
circumstances brought about which add pertaining to the moral order, the victim’s death.
ignominy to the natural effects of the act. which adds disgrace and obloquy 2. Applicable to crimes against chastity,
to the material injury caused by less serious physical injuries, light or
the crime. grave coercion, and murder.
18. That the crime be committed after an Unlawful entry – entrance is done 1. Means and ways employed. 1. Robbery with the use of
unlawful entry. by a way not intended for the force upon things
purpose. 2. Trespass of dwelling
3. Violation of domicile
4. Evasion of service of
sentence or escape shall
have taken place by means
of unlawful entry.
19. There is an unlawful entry when an Breaking of: 1. Means and ways employed. 1. There should be breaking of the
entrance of a crime a wall, roof, floor, 1. Wall enumerated parts.
door, or window be broken. 2. Roof
3. Door
4. Floor
5. Window
20. That the crime be committed with the 1. Under fifteen (15) years of age 1. Means and ways employed. Means of Motor vehicles: 1. Not aggravating when the motor
CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

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14 OF RPC) INHERENT / ABSORBED
IN / ABSORBS /
EXCLUDED

aid of persons under fifteen years of age 2. By means of motor vehicles, 1. Going to the place of the crime; vehicle is used only for the purpose of
or by means of motor vehicles, motorized airships, or other similar means. 2. Carrying away the effects escape because such is only incidental.
watercraft, airships, or other similar thereof;
means. (As amended by RA 5438). 3. In facilitating their escape.
21. That the wrong done in the 1. Cruelty – when the culprit 1. Ways employed 1. That the injury caused be Attendant in: Murder (Art. 1. The wounds should be inflicted when
commission of the crime be deliberately enjoys and delights in making his deliberately increased by causing 248) the victim is still alive in order to
augmented by causing other wrong not victim suffer slowly and gradually. other wrong; unnecessarily prolong physical suffering.
necessary for its commissions. 2. Deliberately and inhumanly 2. That the wrong be unnecessary 2. Number of wounds alone does not
augmenting the suffering of the for the execution of the purpose of show cruelty.
victim. the offender. 3. Refers to physical suffering as
3. Outraging or scoffing at his differentiated from ignominy as the latter
person or corpse. pertains to moral suffering,
4. Appreciated when there is outraging
and scoffing at the person of the victim or
corpse.

KINDS OF AGGRAVATING CIRCUMSTANCES:

1. Generic - that which generally applies to all crimes like recidivism.
2. Specific – that which applies to a particular felony like cruelty in crimes against persons.
3. Qualifying – that which changes the nature of the felony, as treachery in murder.
4. Inherent – that which is part of the felony committed, as unlawful entry in robbery with force upon things.

GENERIC VS. QUALIFYING:

GENERIC QUALIFYING
Can be offset by an ordinary mitigating. Cannot be offset by an ordinary mitigating.
Maybe proved even though not alleged. Cannot be proved as such unless alleged in the
information. However, it may be proved as a generic
aggravating circumstance.
Not offset have the effect of increasing the penalty to Changes not only the nature but also the name of the
the maximum but not beyond that provided by law. offense.

CHARLIEMAYNE Z. GOMEZ
CRIMINAL REVIEW NOTES
ARELLANO UNIVERSITY SCHOOL OF LAW
CLASS OF ATTY. REYNANTE ORCEO
YEAR 2020

For personal use only.