Cruelty, A14(21) Revised Penal Code

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 the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.

(Revised Penal Code)

2. Cruelty

That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. (REVISED PENAL CODE, Article 14[21])

There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. (People v. Lacanieta, G.R. No. 124299, April 12, 2000, Per Gonzaga-Reyes, J.)

People v. Llabres, G.R. Nos. 74294-96, August 4, 1993, Per Cruz, J.:

• [I]t was not correct to consider against [the Accused] the aggravating circumstance of cruelty. According to Article 14 (21) of the Revised Penal Code, there is cruelty when the wrong done in the commission of the crime is deliberately augmented by causing another wrong which is not necessary for its commission. This has not been shown in the case at bar. Llabres did not deliberately prolong the physical suffering of his victi...