1. Concept Nighttime (nocturnity), as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender specifically sought out the nighttime to take advantage of it in committing the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 6. That the crime be committed in…
1. Concept Uninhabited place, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when offender purposely sought out an isolated or secluded place to commit the crime. An uninhabited place is one where [there] are no houses at all, a considerable distance from town, or where the houses are scattered…
1. Concept By a band, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime with a band. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 6. That the crime be committed by a band… whenever such circumstances may facilitate…
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…
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…
1. Concept Recidivism, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender must have a previous conviction by final judgment of another crime in the same title of the Revised Penal Code prior to the arraignment of the present crime. a. Legal basis Article 14. Aggravating circumstances….
1. Concept Habituality (reiteracion), as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when offender has been previously punished: (a) by an offense to which the law attaches an equal or greater penalty; or (b) for two or more crimes to which it attaches a lighter penalty. a. Legal basis…
1. Concept In consideration of a price, reward, or promise, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in consideration thereof.. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 11. That the crime be committed in consideration of…
1. Concept Great waste and ruin, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great…
1. Concept Evident premeditation, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender calmly prepares and executes the commission of the crime. The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to…