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…
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…