1. Concept Aggravating circumstances – refers to circumstances which increases the criminal penalties for the offense/crime committed by the accused. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with…
1. Concept Insult or disrespect, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime with insult or completely disrespected the offended party on account of his/her rank, age, or sex. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3….
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…
1. Concept Dwelling, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in the dwelling of the victim. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3. That the act be committed… in the dwelling of the offended party,…
1. Concept Abuse of confidence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime by abusing the trust and confidence response on the offender. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 4. That the act be committed with…
1. Concept Chief Executive’s palace or presence, 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 in the palace of the…
1. Concept Contempt or with insult to public authorities, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a manner. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 2. That the crime be committed in contempt or…
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…
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…
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…