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 by taking advantage of the said misfortune. (Decis...