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Public position, A14(1) Revised Penal Code

1. Concept

Public position, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his being a public officer or employee in the commission of the crime.

a. Legal basis

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

1. That advantage be taken by the offender of his public position.

(Revised Penal Code)

2. Public position

That advantage be taken by the offender of his public position. (REVISED PENAL CODE, Article 14[1])

For the aggravating circumstance of public position, the offender took advantage of his being a public officer or employee in the commission of the crime.

Requisites of public position as an aggravating circumstance:

1) The offender committing the crime must be a public official; and

2) The offender must also use the influence, prestige or ascendency which such office gives him as a means by which he realized his purpose. (People v. Ordiales, G.R. No. L-30956, November 23, 1971, Per Reyes, J.B.L., J.)

a. Public official

For the 1st requisite, it must be clearly shown and proven that the offender is a public official.

Sombilon, Jr. v. People, G.R. No. 175528, September 30, 2009, Per Leonardo-De Castro, J.:

• As to the appreciation of the aggravating circumstance of taking advantage of public position, petitioner points out that said circumstance was not alleged in the information. The Solicitor General shares ...

 



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