1. Concept Craft, fraud, disguise, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender resorted to employing some form of intellectual trickery, such as a craft, fraud, or disguise in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating…
1. Concept Superior strength, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his/her superior strength or employed means to weaken the defense of the victim in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating…
1. Concept Treachery, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employs means, methods, or forms to ensure the commission of the crime without risk tom him/herself and that the offended party be defenseless or be unable to escape. There is treachery when the offender commits…
1. Concept Ignominy, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in such a manner that it becomes more humiliating to the victims or adds to their moral suffering. Ignominy – is defined as a circumstance pertaining to the moral order which adds…
1. Concept Unlawful entry, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender unlawfully enters a premises or a place and then commits the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 18. That the crime be committed after an unlawful…
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….
1. Concept Aid of minor under 15 years old, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employed the aid or assistance of a minor under 15 years old to commit a crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances:…
1. Concept Use of motor vehicles, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender used a motor vehicle to commit the crime or facilitate the escape. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 20. That the crime be committed… by…
1. Concept Cruelty, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender deliberately augments the crime committed by causing another wrong which is not necessary for the commission of the first/original crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 21. That…
1. Concept Mitigating circumstances – refers to circumstances which reduces the criminal penalties for the offense/crime committed by the accused. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the…