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REVISED PENAL CODE OF THE PHILIPPINES
ARTICLE 14
CHAPTER 4. CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY – The following are
aggravating circumstances:
1. That advantage be taken by the offender of his public position.
Basis:
This is based on the greater perversity of the offender, as shown by the personal
circumstance of the offender and also by the means used to secure the commission of the
crime.
Applicable only when the offender is a public officer.
Meaning of “advantage be taken by the offender of his public position.”
The public officer must use the influence, prestige or ascendancy with his office gives
him as the means by which he realizes his purpose. The essence of the matter is presented in
the inquiry, “Did the accused abuse his office in order to commit the crime?
Examples:
a. When a councilor collects fines and misappropriates them. (US v. Torrida, 23 Phil. 189)
b. A policeman in uniform who abducted a girl by availing himself of his position. (US v.
Yumul, 34 Phil. 169, 175)
c. Chief of Police who, during the search of a boat by means of intimidation, obtained
money from the crew. (People v. Cerdeña, 51 Phil. 393, 394-395)
d. A special agent of the military police who committed robbery with homicide with the gun
which he had been authorized to carry as a peace officer. (People v. Madrid, 88 Phil. 1,
15)
Failure in official duties is tantamount to abusing of office.
Not aggravating when it is an integral element of, or inherent in, the offense.
This circumstance, taking advantage of public position, cannot be taken into
consideration in offenses where taking advantage of official-position is made by law an integral
element of the crime, such as in malversation under Article 217, or in falsification of document
committed by public officers under Article 171. (People v. Tevez, 44 Phil. 275, 277)
2. That the crime be committed in contempt of or with insult to the public authorities.
Basis:
This is based on the greater perversity of the offender, as shown by his lack of respect
for the public authorities.
Requisites:
a. That the public authority is engaged in the exercise of his functions.
b. That he who is thus engaged in the exercise of said functions is not the person against
whom the crime is committed. (US v. Rodriguez, 19 phil. 150, 156; People v. Siojo, 61
Phil. 307, 317)
c. The offender knows him to be a public authority.
d. His presence has not prevented the offender from committing the criminal act.
Meaning of “public authority”
A public authority, sometimes also called a person in authority, is a public officer who is
directly vested with jurisdiction, that is, a public officer who has the power to govern and execute
the laws. The councilor, the mayor, the governor, etc., are persons in authority. The barangay
captain and barangay chairman are also persons in authority. (Art. 152, as amended by PD
1232, November 7, 1977)
Knowledge that a public authority is present is essential.
Lack of knowledge on the part of the offender that a public authority is present indicates
lack intention to insult the public authority. Thus, if A killed B in the presence of the town mayor,
but A did not know of the presence of the mayor, this aggravating circumstance should not be
considered against A.
Example:
A and B are quarrelling on a street and the municipal mayor, upon passing by, attempts to
separate them to stop the quarrel. Notwithstanding the intervention and the presence of the
mayor, A and B continued to quarrel until A succeeds in killing B. in this case, A commits the
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crime of homicide with the aggravating circumstance of “in contempt of or with insult to the
public authority.”
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, or (c) sex, or (2) that it be committed in the dwelling of the
offended party, if the latter has not given provocation.
Basis:
These circumstances are based on the greater perversity of the offender, as shown by
the personal circumstances of the offended party and the place of the commission of the crime.
If all the four circumstances are present, they have the weight of one aggravating circumstance
only.
Applicable only to crimes against persons or honor.
Meaning of “with insult or in disregard.”
It is necessary to prove the specific fact or circumstance, other than that the victim is a
woman (or an old man or one of high rank), showing insult or disregard of sex (or age or rank) in
order that it may be considered as aggravating circumstance. (People v. Valencia, C.A., 43 O.G.
3740). There must be evidence that in the commission of the crime, the accused deliberately
intended to offend or insult the sex or age of the offended party. (People v. Mangsant, 65 Phil.
548, 550-551)
With insult or in disregard of the respect due the offended party on account –
a. Of the rank of the offended party
i. Meaning of rank
ii. Proof of fact of disregard and deliberate intent to insult required
b. Of the age of the offended party
i. Deliberate intent to offend or insult required
ii. Disregard of old age not aggravating in robbery with homicide
c. Of the sex of the offended party
i. No disregard of respect due to sex
ii. Killing a woman is not attended by this aggravating circumstance if the offender
did not manifest any specific insult or disrespect towards her sex
Not applicable in certain cases
a. When the offender acted with passion and obfuscation
b. When there exists a relationship between the offended party and the offender
c. When the condition of being a woman is indispensable in the commission of the crime
That the crime be committed in the dwelling of the offended party
What aggravates the commission of the crime in one’s dwelling:
a. The abuse of confidence which the offended party reposed in the offender by opening
the door to him; or
b. The violation of the sanctity of the home by trespassing therein with violence or against
the will of the owner
Offended party must not give provocation.
Meaning of provocation in the aggravating circumstance of dwelling. The provocation must be:
a. Given by the owner of the dwelling.
b. Sufficient, and
c. Immediate to the commission of the crime.
There must be close relation between provocation and commission of crime in the dwelling.
Even if the killing took place outside the dwelling, it is aggravating provided that the commission
of the crime began in the dwelling.
What dwelling includes.
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.
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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.