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…
1. Concept Incomplete justifying or to exempting circumstances – refers to the mitigating circumstance under the Revised Penal Code wherein not all of the requisites necessary to justify or exempt from criminal liability are present. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 1. Those mentioned in the preceding chapter,…
1. Concept Minority or seniority – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is a minor being under 18 years old or a senior being over 70 years old. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 2. That the offender is under eighteen…
1. Concept Lack of intention to commit so grave a wrong – refers to the mitigating circumstance under the Revised Penal Code wherein the accused had no intention to commit so grave a wrong as that committed. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 3. That the offender had…
1. Concept Sufficient provocation or threat – refers to the mitigating circumstance under the Revised Penal Code wherein there was sufficient provocation or threat on the part of the offended party immediately preceding the act. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 4. That sufficient provocation or threat on…
1. Concept Immediate vindication of a grave offense – refers to the mitigating circumstance under the Revised Penal Code wherein the accused committed the offense in immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, or relatives by affinity within the same degrees. a. Legal basis Article 13. Mitigating…