|

Abuse of confidence, A14(4) Revised Penal Code

1. Concept

Abuse of confidence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime by abusing the trust and confidence response on the offender.

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

4. That the act be committed with abuse of confidence or obvious ungratefulness.

(Revised Penal Code)

2. Abuse of confidence

For the aggravating circumstance of abuse of confidence, the offender commits the crime by abusing the trust and confidence response on the offender.

For [the circumstance of abuse of confidence] to be taken and appreciated, it is that there exists a relation of trust and confidence between the accused and the one against whom the crime was committed and the accused made use of such relation to commit the crime. (People vs. Comendador, En Banc, G.R. No. L-38000, September 1980, Per Guerrero, J.)

a. Requisites

Requisites for abuse of confidence:

1) Relationship of trust and confidence; and

2) Such relationship is immediate and personal.

1) Trust and confidence

a) Treated as family member

People v. Verdad, En Banc, G.R. No. L-51797, May 16, 1983, Per Melencio-Herrera, J.:

• The aggravating circumstance of abuse of confidence or obvious ungratefulness… [was] properly appreciated by the Trial Court. The accused was treated like a member of the family and was completely trusted. That confidence f...

 



Already a subscriber? Log in below. Not yet a member? Subscribe.

 

Similar Posts