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Uninhabited place (despoblado), A14(6) Revised Penal Code

1. Concept

Uninhabited place, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when offender purposely sought out an isolated or secluded place to commit the crime.

An uninhabited place is one where [there] are no houses at all, a considerable distance from town, or where the houses are scattered at a great distance from each other. (U.S. v. Salgado, En Banc, G.R. No. 4498, August 5, 1908, Per Arellano, C.J., citing Judgment in cassation, January 9, 1884.)

a. Legal basis

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

6. That the crime be committed… in an uninhabited place… whenever such circumstances may facilitate the commission of the offense.

(Revised Penal Code)

2. Uninhabited place (despoblado)

For the aggravating circumstance of uninhabited place, the offender purposely sought out an isolated or secluded place to commit the crime.

a. Isolated, secluded, away from houses

U.S. v. Arciga, En Banc, G.R. No. 1129, April 6, 1903, Per Mapa, J.:

• With respect to the circumstance of the commission of the crime in an uninhabited place, we do not find this circumstance sufficiently proven in the case, in consideration of the fact that a short distance from the place where the crime was committed there was a station, the precise purpose of which was to serve as a shelter for the peace officers of the town. On the other hand, it does not appear that when the offense in t...

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