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Nighttime (nocturnity), A14(6) Revised Penal Code

1. Concept

Nighttime (nocturnity), as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender specifically sought out the nighttime to take advantage of it in committing the crime.

a. Legal basis

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

6. That the crime be committed in the night time… whenever such circumstances may facilitate the commission of the offense.

(Revised Penal Code)

2. Nighttime (nocturnity)

For the aggravating circumstance of nighttime (nocturnity), the offender specifically sought out the nighttime to take advantage of it in committing the crime.

[T]he fact alone that the crime was committed at night does not automatically aggravate the crime. (People v. Gallego, G.R. No. 130603, August 15, 2000, Per Puno, J.)

a. Elements

By and of itself, nighttime is not an aggravating circumstance. It becomes aggravating only when [the following elements are present]. (People v. Gaffud, Jr., En Banc, G.R. No. 168050, September 19, 2008, Per Puno, C.J.)

Elements of nighttime or nocturnity:

1) It is specially sought by the offender;

2) The offender takes advantage of it; or

3) It facilitates the commission of the crime by insuring the offender's immunity from identification or capture. (People v. Cortes, En Banc, G.R. No. 137050, July 11, 2001, Per Pardo, J.)

1) Specially sought by the offender

[N]octurnity would be considered as an aggr...

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