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AGGRAVATING CIRCUMSTANCE (INSULT OR DISREGARD OF THE RESPECT DUE TO THE…
AGGRAVATING CIRCUMSTANCE
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- CONTEMPT OR INSULT TO PUBLIC AUTHORITIES
REQUISITES
- Public authority is engaged in the exercise of his functions
- He who is engaged in the exercise of said functions is not the person against whom the crime is committed
- Offender knows him to be public authority
- His presence has not prevented the offender from committing the criminal act
- INSULT OR 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
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With insult or disregard : necessary to prove the specific fact or circumstance in order that it may be considered as aggravating circumstance
There must be evidence that in the commission of the crime, the accused deliberately intended to offended or insult the sex or age of the offended party.
RANK : a difference in the social condition of the offender and offended party
AGE : circumstance of lack of respect due to age; Deliberate intent to offend or insult required.
SEX : female sex
DWELLING: building or structure exclusively used for rest and comfort. This includes dependencies, the foot of the staircase and the enclosure under the house
What aggravates the commission of the crime in one' dwelling:
- Abuse of confidence which the offended party reposed in the offender by opening the door to him.
- Trespassing therein with violence of against the will of the owner
PROVOCATION
- Given by the owner of the dwelling
- Sufficient
- Immediate to the commission of the crime
- ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
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Abuse of confidence must be immediate and personal :red_cross: public officer committed estafa against his voters
- CRIME COMMITTED IN THE PALACE OF CHIEF EXECUTIVE, OR IN HIS PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE DEDICATED FOR WORSHIP.
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- NIGHTTIME OR IN AN UNINHABITED PLACE, OR BY A BAND
[cont of provision]: 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
Night time facilitated the commission of the crime: crime can be perpetrated unmolested, or interference can be avoided, or there would be greater certainty in attaining the ends of the offender
- CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC OR CALAMITY OF MISFORTUNE
"Chaotic condition" as an aggravating circumstance. Conditions of distress that are similar to those enumerated.
Chaotic condition after liberation is not included in this. :!: But in the case of People vs. Penjan, , the chaotic condition resulting from liberation of San Pablo was considered a calamity.
Development of engine trouble is a misfortune but not within the context of other calamity and misfortune
- AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY
REQUISITES
- Armed men or persons took part in the commission of the crime directly or indirectly
- Accused availed himself of their aid and relied upon them when the crime was committed.
REQUISITES
- Offender is on trial for an offense
- He was previously convicted by final judgment of another crime
- Both the first and second offense are embraced in the same title of this Code
- Offender is convicted of the new offense
- OFFENDER WAS PREVIOUSLY PUNISHED FOR AN OFFENSE TO WHICH THE LAW ATTACHES AN EQUAL OR GREATER PENALTY OR FOR TWO OR MORE CRIMES WITH A LIGHTER PENALTY
REQUISITES
- Accused is on trial for an offense
- He previously served sentence for another offense to which the law attaches an equal or greater penalty OR for two or more crimes which has a lighter penalty than that for the new offense.
- He is convicted of the new offense