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Calamity or misfortune, A14(7) Revised Penal Code

1. Concept

Calamity or misfortune, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime on the occasion of a calamity or misfortune.

a. Legal basis

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

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

(Revised Penal Code)

2. Calamity or misfortune

For the aggravating circumstance of calamity or misfortune, the offender commits the crime on the occasion of a:

1) Conflagration

2) Shipwreck

3) Earthquake

4) Epidemic

5) Other calamity or misfortune.

Note that the above-list is not exhaustive, as other calamity or misfortune may be taken into account.

People v. Arpa, En Banc, G.R. No. L-26789, April 25, 1969, Per Teehankee, J.:

• We hold, however, against the trial court's finding of a second aggravating circumstance in that the crime was committed “on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune.” In so holding, the trial Court reasoned:

The Court believes that the development of engine trouble in the middle of the sea is a misfortune which tends to create confusions and apprehensions of the passengers and, thereby, to commit a crime at such a time the accused manifested greater perversity and instead of rendering help increased their affliction b...

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