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Place dedicated to religious worship, A14(5) Revised Penal Code

1. Concept

Place dedicated to religious worship, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in a place dedicated to religious worship.

a. Legal basis

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

5. That the crime be committed in… a place dedicated to religious worship.

(Revised Penal Code)

2. Place of religious worship

For the aggravating circumstance of place dedicated to religious worship, the offender commits the crime in a place dedicated to religious worship.

a. Specifically sought

In the 1946 case of People v. Jaurigue, the Accused killed the Victim insider a church; however, the aggravating circumstance of place dedicated to religious worship was not appreciated or applied as the decision suggests that such circumstance must have been intended or specifically sought for by the offender. After all, as with any other aggravating circumstance, it is the perversity that it is the reason for increasing the penalty in case of the presence of an aggravating circumstance.

People v. Jaurigue, En Banc, C.A. No. 384, February 21, 1946, Per De Joya, J.:

• That both the defendant and appellant Avelina Jaurigue and the deceased Amado Capina lived in the barrio of Sta. Isabel, City of San Pablo, Province of Laguna; that for sometime prior to the stabbing of the deceased by defendant and appellant, in the evening of September 20, ...

 



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