Notes Article 14, RPC Aggravating Circumstances PDF

Preview

Summary

Notes Article 14, RPC Aggravating CircumstancesNotes Article 14, RPC Aggravating CircumstancesNotes Article 14, RPC Aggravating Circumstances...

Description

The Revised Penal Code Title 1 - Chapter 4 ART. 14. AGGRAVATING CIRCUMSTANCES (Aggravate - (v.) exacerbate, worsen, intensify)

https://www.bigwas.com/2014/06/introductionaggravating-circumstances.html 



Definition: 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 of the offended party.

Generic – When not set off by any mitigating circumstance, it increases the imposable penalty to maximum, but w/o exceeding the limit prescribed by law Qualifying – Gives the crime its proper and exclusive name and places the perpetrator in such a situation as to deserve no other penalty than that specially prescribed by law for said crimes ii. Generic – If not alleged in the information, a qualifying agg. circumstance will be considered generic. Qualifying – to be considered as such, it MUST be alleged in the information iii. Generic – may be offset by a mitigating circumstance Qualifying – 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

Mitigating v. Aggravating 1. Aggravating circumstances are those which serve to have the penalty imposed in its maximum period or change the nature of the crime, while mitigating circumstances are those which if present in the commission of the crime do not entirely free the actor from criminal liability but serve only to reduce the penalty. 2. Aggravating circumstances are based on the greater perversity of the offender, while mitigating circumstances are based on the diminution of freedom of action, intelligence, or intent, or on the lesser perversity of the offender.

5 Kinds of Aggravating Circumstances: ORDINARY crimes

or Generic*

– those which apply to all

SPECIFIC or special? – those which apply only to specific crimes QUALIFYING* – those that change the nature of the crime INHERENT – which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed SPECIAL – those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances

(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 (INHERENT) 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 : * Generic Circumstances: i. Effect:

v.

Qualifying

Aggravating

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....