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Ramel, Ezra Denise L.

Criminal Law Review -4A

Kinds of Aggravating Circumstances

Generic Specific Qualifying Inherent Special


that which applies to all crimes that which applies to particular That which changes the nature of That which is a part of the felony That which arises under special
felony the felony and elevates it to a and therefore does not increase conditions to increase the
higher penalty the penalty penalty of the offense and cannot
be offset by mitigating
circumstances

1. Recidivism 1. Disregard of rank, age or sex 1. Treachery 1. Evident premediation in 1. Complex crimes
2. Advantage taken of public due the offended party 2. Taking advantage of superior robbery, theft, estafa, 2. Error in personae
position 2. Abuse of superior strength or strength adultery, and concubinage 3. Taking advantage of public
3. Contempt or insult of public means be employed to 3. With the aid of armed men 2. Abuse of public office in position and membership in
authorities weaken the defense 4. Employing means to weaken bribery an organized or syndicated
4. Crime committed in the 3. Treachery defense 3. Breaking of a wall or crime group
dwelling of the offended 4. Ignominy 5. Employing means or persons unlawful entry into a house 4. Quasi-recidivism
party 5. Cruelty to insure or afford impunity in robbery with the use of
5. Abuse of confidence or 6. Use of unlicensed firearm in 6. In consideration of a price, force upon things
obvious ungratefulness the murder or homicide reward or promise 4. Fraud in estafa
6. Place where the crime is committed therewith 7. By means of inundation, fire, 5. Deceit in simple seduction
committed poison, explosion, shipwreck, 6. Ignominy in rape
7. Nighttime, uninhabited stranding of a vessel,
place, or band derailment of or assault upon
8. Habituality or reiteracion a railroad, fall of an airship
9. Craft, fraud, disguise 8. By means of a motor vehicle
10. Unlawful entry or with the use of any other
11. Breaking of parts of the means involving great waste
house and ruin
12. Use of persons under 15 9. On the occasion of
years of age earthquake, eruption of a
volcano, destructive cyclone,
epidemic, or other public
calamity
10. Evident premeditation
11. With cruelty
12. Outraging or scoffing at the
Ramel, Ezra Denise L. Criminal Law Review -4A

corpse

Classes of Mitigating Circumstances

Ordinary Privileged

Can be offset by a generic aggravating circumstance Cannot be offset by any aggravating circumstance.
If not offset, it has the effect of imposing the minimum penalty It has the effect of lowering the penalty by one or two degrees lower than that
prescribed.

1. That the offender had no intention to commit so grave a wrong as that committed. 1. When the minor is over 15 but below 18 years of age who acted with discernment
2. That sufficient provocation or threat on the part of the offended party immediately 2. Incomplete justifying circumstance when only the indispensable element of
preceded the act. unlawful aggression is present
3. That the act was committed in the immediate vindication of a grave offense to the 3. Incomplete exempting circumstance when the indispensable element and the
one committing the felony (delito), his spouse, ascendants, or relatives by affinity majority of the other elements are present
within the same degrees. 4. If there are 2 or more mitigating circumstances and there is no aggravating
4. That of having acted upon an impulse so powerful as naturally to have produced circumstance that attends the commission of the offense, the accused is entitled to
passion or obfuscation. a penalty 1 degree lower
5. That the offender had voluntarily surrendered himself to a person in authority or 5. Release of a person illegally detained within 3 days without the offender attaining
his agents, or that he had voluntarily confessed his guilt before the court prior to his purpose.
the presentation of the evidence for the prosecution; 6. Abandonment without justification of the spouse who committed adultery.
6. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications with
his fellow beings.
7. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
8. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.

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