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Breaking a wall, roof, door, etc., A14(19) Revised Penal Code

1. Concept

Breaking a wall, roof, floor, door or window, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the commission of the crime is preceded by breaking a wall, roof, floor, door or window

a. Legal basis

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

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

(Revised Penal Code)

2. Wall, roof, floor, door, or window be broken

For the aggravating circumstance of breaking a wall, roof, floor, door or window, the offender did so as a means to committing the crime.

a. As a means to committing the crime

That the breaking was used as a means to commit the crime necessarily follows that the crime would not have been committed fi there was no breaking. Otherwise stated, the breaking is an antecedent for the commission of the crime – i.e. the breaking happens first before the crime.

Note, however, that the breaking is only an aggravating circumstance, and not an element of a crime. As an aggravating circumstance, its only effect is the increase of the penalties that may be imposed against the offender.

b. If incidental, not aggravating

If the breaking is only incidental or happens after committing the offense, then it is not an aggravating circumstance. In such a case, the breaking was not used as a means or a way to commit the crime.

References

• Title I – Felonies a...

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