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Chief Executive’s palace or presence, A14 Revised Penal Code

1. Concept

Chief Executive’s palace or presence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a place..

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

5. That the crime be committed in the palace of the Chief Executive or in his presence

(Revised Penal Code)

2. Chief Executive’s palace or in his presence

For the aggravating circumstance of in the palace of the Chief Executive or in his presence, the offender committed the crime in such a place.

a. Chief Executive

The Chief Executive referred to is the President of the Republic of the Philippines.

Since the provision specifically identify the head of state, this aggravating circumstance will not apply to Senate President nor the Chief Executive, nor to any other lower positions.

b. Chief Executive’s Palace

The palace referred to is the Malacañang Palace, which is the official residence of the President of the Republic of the Philippines.

By increasing the penalties, this aggravating circumstance punishes the perversity of the offender in committing offense at the Malacañang Palace.

c. Presence and not against the Chief Executive

Similar to the aggravating circumstance of insult to public authorities, the crime must be committed in the presence of and not against the Chief Executive him/herself. (See People v. Rizal, En Banc, G.R. Nos. L-434...

 



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