Aggravating Circumstances: Meaning
Quick answer
An aggravating circumstance is a fact about how, where or by whom a crime was committed that makes the offender's liability heavier. Article 14 of the Revised Penal Code lists 21 of them, such as treachery, evident premeditation, abuse of confidence and committing the crime at night or in the dwelling of the offended party. When one is proven, the court may impose a higher period of the penalty.
Also called: Aggravating circumstances, Generic aggravating circumstance
What does Article 14 list?
Article 14 opens with "The following are aggravating circumstances:" and then lists 21 items. Some of the best known are:
- taking advantage of a public position (item 1);
- committing the act in the dwelling of the offended party, if the latter has not given provocation (item 3);
- abuse of confidence or obvious ungratefulness (item 4);
- night time, an uninhabited place or a band, whenever these may facilitate the crime (item 6);
- recidivism (item 9);
- a price, reward or promise (item 11);
- evident premeditation (item 13);
- taking advantage of superior strength (item 15);
- treachery (item 16); and
- using persons under fifteen years of age or motor vehicles (item 20, as amended by Republic Act No. 5438).
Article 14 itself explains what treachery means:
There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.
How does an aggravating circumstance change the penalty?
It depends on the kind of penalty:
- Penalties with three periods (Article 64): when only an aggravating circumstance is present, the court imposes the penalty in its maximum period. When both mitigating and aggravating circumstances are present, the court offsets them according to their relative weight. Whatever the number of aggravating circumstances, the court may not impose more than the maximum period of the penalty prescribed by law.
- Penalties made of two indivisible penalties, such as reclusion perpetua to death (Article 63): with only one aggravating circumstance, the greater penalty applies. Because Republic Act No. 9346 prohibits the death penalty, the court imposes reclusion perpetua in its place.
- A single indivisible penalty (Article 63): it is applied regardless of any mitigating or aggravating circumstance.
What is the difference between an aggravating and a qualifying circumstance?
Some items in Article 14 also appear in the definition of a crime. In Article 248, treachery, taking advantage of superior strength, a price, reward or promise, and evident premeditation are among the circumstances that make a killing murder rather than homicide under Article 249. Used that way, the circumstance changes the crime itself, not only the period of the penalty. See Homicide vs murder.
Does an aggravating circumstance affect the damages?
It can. In People v. Jugueta (2016), the Supreme Court set standard damages for crimes such as homicide and added exemplary damages when an aggravating circumstance was proven. See Damages for death in a criminal case.
Example
Made-up illustration: Nestor enters the house of his neighbor Rodel, who gave him no provocation, and injures him inside. If the crime is proven and the court also finds the aggravating circumstance of dwelling, the penalty for the injuries may be imposed in its maximum period, unless a mitigating circumstance offsets it.
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is an aggravating circumstance in simple words?
It is a fact about how, where or by whom a crime was committed that makes the offender's liability heavier. Article 14 of the Revised Penal Code lists 21 of them, such as treachery, evident premeditation and committing the crime in the dwelling of the offended party.
How does an aggravating circumstance change the penalty?
For a penalty with three periods, Article 64 says that when only an aggravating circumstance is present, the court imposes the penalty in its maximum period. The court may not go above the maximum period of the penalty prescribed by law.
Can mitigating and aggravating circumstances cancel out?
Yes. Articles 63 and 64 say that when both are present, the court offsets them against each other according to their number, importance or relative weight.
What is the difference between an aggravating and a qualifying circumstance?
Some circumstances in Article 14, such as treachery, evident premeditation and taking advantage of superior strength, also appear in Article 248. There they turn a killing into murder, a different crime with a heavier penalty than homicide.
Does an aggravating circumstance affect damages?
It can. In People v. Jugueta (2016), the Supreme Court added exemplary damages in crimes such as homicide when an aggravating circumstance was proven.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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