1.

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2. That advantage be taken by the offender of his PUBLIC POSITION

• Requisite:

a. The offender is a public officer

b. The commission of the crime would not have been possible without the powers, resources and
influence of the office he holds.

3. That the crime be committed IN CONTEMPT OF OR WITH INSULT TO THE

PUBLIC AUTHORITIES

• Requisites:
a. The offender knows that a public authority is present

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

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

d. The public authority’s presence did not prevent the criminal act

4. 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

• circumstances (rank, age, sex) may be taken into account only in crimes against persons or
honor, it cannot be invoked in crimes against property

• Requisite of disregard to rank, age, or sex

a. Crimes must be against the victim’s person or his honor

b. There is deliberate intent to offend or insult the respect due to the victim’s rank, age, or sex

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

• Requisites for Provocation: ALL MUST CONCUR

a. given by the owner of the dwelling

b. sufficient

c. immediate to the commission of the crime

4. That the act be committed with (1) ABUSE OF CONFIDENCE or (2) OBVIOUS
UNGRATEFULNESS

Requisites of Abuse of Confidence

a) Offended party has trusted the offender

b) Offender abused such trust

c) Abuse of confidence facilitated the commission of the crime

Requisite of Obvious Ungratefulness

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

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.

• Requisites for aggravating circumstances for place of worship:

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

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

6. (A) 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.

Requisites:
a. The place facilitated the commission or omission of the crime

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

c. Taken advantage of for the purpose of impunity

6. (B) - 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:
a. Facilitated the commission of the crime

b. Deliberately sought

c. Taken advantage of for the purposes of impunity

d. 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:
a. Committed when there is a calamity or misfortune
1. Conflagration
2. Shipwreck
3. Epidemic

b. 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.

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 of committing the crime

• Requisites:
a. that armed men or persons took part in the commission of the crime, directly or indirectly

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

9. That the accused is a RECIDIVIST

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

• Requisites:
a. offender is on trial for an offense

b. he was previously convicted by final judgment of another crime

c. that both the first and the second offenses are embraced in the same title of the RPC (not
special law)
 d. the offender is convicted of the new offense

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.

• Requisites:
a. At least 2 principals
1. The principal by inducement
2. The principal by direct participation

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

the criminal act

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:
a. the time when the offender determined to commit the crime

b. an act manifestly indicating that the culprit has clung to his determination

c. 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

• Requisite: The offender must have actually taken advantage of craft, fraud, or disguise to facilitate
the commission of the crime.

15. That (1) ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH, or (2) MEANS BE

EMPLOYED TO WEAKEN THE DEFENSE
• Requisite of Means to Weaken Defense
a. Means were purposely sought to weaken the defense of the victim to resist the assault

b. 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)

• Requisites:
a. that at the time of the attack, the victim was not in the position to defend himself

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

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

IGNOMINY to the natural effects of the acts

• Requisites:

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

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

18. That the crime be committed after an UNLAWFUL ENTRY

19. That as a means to the commission of the crime, A WALL, ROOF, DOOR OR
WINDOW BE BROKEN

• Requisites:
a. A wall, roof, window, or door was broken

b. They were broken to effect entrance

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.

21. That the wrong done in the commission of the crime be deliberately

augmented by causing other wrong not necessary for its commission

• Requisites:
a. that the injury caused be deliberately increased by causing other wrong

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

3.----------

Alternative circumstances are those which must be taken into consideration as

aggravating or mitigating according to the nature and effects of the crime and the other
conditions attending its commission. They are the relationship, intoxication and the
degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when
the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.

6. ---------

Accomplices are those persons who, not being included in Art. 17, cooperate in the
execution of the offense by previous or simultaneous acts.

• Requisites:
a. there be a community of design (principal originates the design, accomplice only concurs)
b. he cooperates in the execution by previous or simultaneous acts, intending to give material
and moral aid (cooperation must be knowingly done, it must also be necessary and not
indispensable
c. There be a relation between the acts of the principal and the alleged accomplice
8.-----------

Accessories who are exempt from criminal liability. — The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article.

• Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one
to conceal crimes committed by relatives so near as those mentioned.

5.----------
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.