In my December 4, 2024 column, I discussed the circumstances that affects criminal liability. In law school, we called and referred to it as the JEMAA. As enshrined under Articles 11 to 15 of the Revised Penal Code, these are the Justifying, Exempting, Mitigating, Aggravating and Alternative circumstances. In this week’s edition, we will focus on the Aggravating Circumstances or those matters or factors that increase the severity or gravity of the offense.

 

At the outset, there are two types of aggravating circumstances, the generic aggravating and the qualifying aggravating. The generic aggravating increases the penalty to be imposed in its maximum period. The qualifying aggravating, on the other hand, changes the nature of the offense as to make it more serious and result to the imposition of a higher penalty.

 

Let’s first discuss the generic aggravating circumstances. Article 14 of the Revised Penal Code enumerates several aggravating circumstance, to wit: (1) That advantage be taken by the offender of his public position; (2) That the crime be committed in contempt or with insult to the public authorities; (3) That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, sex, or that is committed in the dwelling of the offended party, if the latter has not given provocation; (4) That the act be committed with abuse of confidence or obvious ungratefulness; (5) That the crime be committed in the place 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 night time, 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. (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 by 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 international 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 evidence 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.

 

Ordinarily, these aggravating circumstances are deemed generic and when present only increase the penalty to be imposed in its maximum period. However, there are provisions of law which considered them as qualifying aggravating and their presence will change the nature of the offense and result to the imposition of a penalty higher in degree.

One of the most common example are those circumstances enumerated under Article 248 of the Revised Penal (Murder). Killing of a person amounts to homicide and is punishable under Article 249 of the RPC. However, if any of the circumstances enumerated under Article 248 is present, the crime shall be qualified into murder. Worthy to note that some of the circumstances stated under Article 248 is also mentioned under Article 14 of the Revised Penal Code.

Another example is Article 310 or the provisions for Qualified Theft. Here, it is declared that the crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in Article 309, if: (1) Committed by a domestic servant, or with grave abuse of confidence, or (2) The property stolen is mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or (3) If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

 

Under the Revised Rules on Criminal Procedure, the Information charging an offense must alleged not only all the elements of the crime but also all the proper qualifying and aggravating circumstances that would change the nature of the offense or increase the penalty.