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Aid of armed men, A14(8) Revised Penal Code

1. Concept

Aid of armed men as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime with the aid of armed men or person who insure or afford impunity..

a. Legal basis

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

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

(Revised Penal Code)

2. Aid of armed men

For the aggravating circumstance of aid of armed men, the offender committed the crime with the aid of armed men or person who insure or afford impunity.

a. Armed men

People v. Pinca, En Banc, G.R. No. L-16595, February 28, 1962, Per Curiam:

• In the case at bar, Montallana and the other victims were killed by the appellants with firearm and bolo, inside the house of the former, after having gained entrance therein, thru an opening not intended for entrance or egress.

• The crime was committed with the aid of armed men… At least, two of the accused, the appellants herein, were armed with carbine and bolo, when the five accused perpetrated the crime.

3. Distinguished

The following should be distinguished.

a. Aid of armed men, A14(8) RPC vs Murder, A248 RPC

FactorsAid of armed men, A14(8) RPCMurder, A248 RPCEffectGeneric aggravating circumstance (i.e. it applies to all crimes) – unless it is an attendant circumstance as in murderAttendant circumstance to the crime of murder; he...

 



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