Public authorities discharging duties, A14(5) Revised Penal Code

1. Concept

Where public authorities are engaged in the discharge of their duties, 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 … where public authorities are engaged in the discharge of their duties.

(Revised Penal Code)

2. Where public authorities are discharging duties

For the aggravating circumstance of where public authorities are engaged in the discharge of their duties, the offender committed the crime in such a place.

a. Based on greater perversity

[T]his aggravating circumstance is based on the greater perversity of the offender, as shown by the place of the commission of the crime, which must be respected. (People v. Abrazaldo, En Banc, G.R. No. 124392, February 7, 2003, Per Sandoval-Gutierrez, J.)

Navarro v. CA, G.R. No. 121087, August 26, 1999, Per Mendoza, J.:

• The evidence show that, at around 8:40 in the evening of February 4, 1990, Stanley Jalbuena and Enrique “Ike” Lingan, who were reporters of the radio station DWTI in Lucena City, together with one Mario Ilagan, went to the Entertainment City following reports that it was showing the nude dancers. After the three had seated themselves at a table and ordered beer, a scantily clad dancer appeared on stage and began to perform a strip act. As she rem...