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 waste and ruin.
a. Legal basis
Article 14. Aggravating circumstances. – The following are aggravating circumstances:
12. That the crime be committed 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 waste and ruin.
(Revised Penal Code)
2. Great waste and ruin
For the aggravating circumstance of great waste and ruin, 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 waste and ruin.
a. Great waste and ruin
The essence of this aggravating circumstance is that a great waste and ruin results from the offender committing the crime.
Such great waste and ruin may come in various forms, such as:
1) Inundation (or flood),
2) Fire,
3) Pison,
4) Explosion,
5) Stranding of a vessel or international damage thereto,
6) Derailment of a locomotive, or
7) By the use of any other artifice involving great waste and ruin.
The above-list is not exhaustive and thus any similar means may be considered.
3. Distinguished
The following should be distinguished.
a. Great waste and ruin, A14(12) RPC vs Murder, A248 RPC
| Factors | Great waste and ruin, A14(12) RPC | Murder, A248 RPC |
| Effect | Generic aggravating circumstance (i.e. it applies to all crimes) – unless it is an attendant circumstance as in murder | Attendant circumstance to the crime of murder; hence, great waste and ruin is absorbed in and qualifies the crime of murder |
| Overt Acts | Offender commits a crime with great waste and ruin. | Offender commits the crime of murder with great waste and ruin |
Under Article 248 of the RPC, the following is an attendant circumstance to murder if the killing was done: with the use of any other means involving great waste and ruin.
References
• Title I – Felonies and Circumstances which Affect Criminal Liability, Book I, Act No. 3815, Revised Penal Code
