1. Concept Superior strength, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his/her superior strength or employed means to weaken the defense of the victim in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating…
1. Concept Treachery, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employs means, methods, or forms to ensure the commission of the crime without risk tom him/herself and that the offended party be defenseless or be unable to escape. There is treachery when the offender commits…
1. Concept Ignominy, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in such a manner that it becomes more humiliating to the victims or adds to their moral suffering. Ignominy – is defined as a circumstance pertaining to the moral order which adds…
1. Concept Unlawful entry, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender unlawfully enters a premises or a place and then commits the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 18. That the crime be committed after an unlawful…
1. Concept Breaking a wall, roof, floor, door or window, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the commission of the crime is preceded by breaking a wall, roof, floor, door or window a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 19….
1. Concept Aid of minor under 15 years old, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employed the aid or assistance of a minor under 15 years old to commit a crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances:…
1. Concept Use of motor vehicles, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender used a motor vehicle to commit the crime or facilitate the escape. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 20. That the crime be committed… by…
1. Concept Cruelty, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender deliberately augments the crime committed by causing another wrong which is not necessary for the commission of the first/original crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 21. That…
1. Justifying circumstances The following do not incur any criminal liability: 1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending…