News Ticker

Menu

Introduction - Aggravating Circumstances


AGGRAVATING CIRCUMSTANCES – Those which, if attendant in the
commission of the crime, serve to have the penalty imposed in
its maximum period provided by law for the offense or those that
change the nature of the crime.

BASIS: The greater perversity of the offender manifested in the
commission of the felony as shown by:
1. the motivating power itself,
2. the place of the commission,
3. the means and ways employed
4. the time, or
5. the personal circumstances of the offender, or the offended party.

KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic - those which apply to all crimes
2. Specific - those which apply only to specific crimes,
3. Qualifying - those that change the nature of the crime
4. Inherent - which of necessity accompany the commission of the
   crime, therefore not considered in increasing the penalty
   to be imposed
5. Special - those which arise under special conditions to
   increase the penalty of the offense and cannot be offset
   by mitigating circumstances

Generic Aggravating Circumstance Distinguished From Qualifying
Aggravating Circumstance
1. Generic Aggravating Circumstances - EFFECT : When not set
   off by any mitigating circumstance, Increases the penalty
   which should be imposed upon the accused to the maximum
   period but without exceeding the limit prescribed by law

   Qualifying Aggravating Circumstance - EFFECT: Gives the crime
   its proper and exclusive name and places the author of the
   crime in such a situation as to deserve no other penalty
   than that specially prescribed by law for said crimes
   (People v. Bayot, 64Phil269, 273)

2. Generic Aggravating Circumstances - If not alleged in the
   information, a qualifying aggravating circumstance will be
   considered generic

   Qualifying Aggravating Circumstances - To be considered
   as such, MUST be alleged in the information.

3. Generic Aggravating Circumstances - May be offset by a
   mitigating circumstance.

   Qualifying Aggravating Circumstances - Cannot be offset by a
   mitigating circumstance.

RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be appreciated if:
a) They constitute a crime specially punishable by law, or
b) It is included by the law in defining a crime with a penalty
   prescribed, and therefore shall not be taken into account
   for the purpose of increasing the penalty.

   Ex: “That the crime be committed by means of ...fire,...
   explosion” (Art. 14, par. 12) is in itself a crime of arson
   (Art. 321) or a crime involving destruction (Art. 324). It
   is not to be considered to increase the penalty for the
   crime of arson or for the crime involving destruction.

2. The same rule shall apply with respect to any aggravating
   circumstance inherent in the crime to such a degree that it
   must of necessity accompany the commission thereof
   (Art.62, par.2)

3. Aggravating circumstances which arise:
   a) From the moral attributes of the offender;
   b) From his private relations with the offended party; or
   c) From any personal cause,
      shall only serve to aggravate the liability of the
      principals, accomplices and accessories as to whom such
      circumstances and a attendant. (Art.62, par. 3)

4. The circumstances which consist :
   a) In the material execution of the act, or
   b) In the means employed to accomplish it,
      shall serve to aggravate the liability of only those
      persons who had knowledge of them at the time
      of the execution of the act or their cooperation
      therein. Except when there is proof of conspiracy
      in which case the act of one is deemed to be the
      act of all, regardless of lack of knowledge of the
      facts constituting the circumstance. (Art. 62, par.4)

5. Aggravating circumstances, regardless of its kind, should
   be specifically alleged in the information AND proved as
   fully as the crime itself in order to increase the penalty.
   (Sec. 9, Rule 110, 2000 Rules of Criminal Procedure)

6. When there is more than one qualifying aggravating
   circumstance present, one of them will be appreciated as
   qualifying aggravating while the others will be considered
   as generic aggravating.





















Share This:

Post Tags:

Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

No Comment to " Introduction - Aggravating Circumstances "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM