That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.
The specified places are:
1. palace of the chief executive even IF ABSENT, i.e malacanang and the mansion, These represent the seat of sovereign authority and must therefore be respected
2. any other place where the president is present, provided that the crime was committed within his view or hearing or so near as to disrupt or disturb the president; like when the president is making the rounds in the market to check on prices ,or where he goes to cut ribbons, or even play golf Note: Actual performance of duties not necessary when crime is committed in palace or in the presence of the chief executive.
3. where public authorities are in the actual performance of their functions, as in their offices 4. in a place dedicated to religious worship, even if no
religious ceremony is going on.
NOTE: Any of these places must have been purposely sought for or they were deliberately chosen. Example: a thief who plies his trade inside church while victims are busy with their prayers.
Except for the third, the other places mentioned are aggravating per se even if no official duties or religious worship are being conducted.
Cemeteries are not considered as place dedicated to worship of God.
Requisites Regarding Public Authorities 1. crime occurred in the public office
2. public duties are actually performing their public duties. Par 5. Where public authorities are engaged in the discharge of their duties Par 2. Contempt or insult to public authorities Public authorities in the performance of their official duties Same Place where
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performedThe offended party
May or may not be the public authority. Public authority should not be the offended party.
Requisites (Place Dedicated to Religious Worship)
1. the crime occurred in the place dedicated to worship of God regardless of religion;
2. The offender must have decided to commit the crime when he entered the place of worship.
Paragraph 6 (a) Nocturnity (b) Uninhabited place and (c) band
That the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. NOTES: If all these aggravating circumstances concur in the commission of the crime, all will constitute one aggravating circumstance.
HOWEVER, if their element are distinctly palpable and can subsist independently, they shall be considered independently.
When should these Circumstances Aggravating 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to
insure the commission of the crime or for the purpose of impunity; or
3. When the offender took advantage thereof for the purpose of impunity.
NOCTURNITY OR NIGHTTIME - refers to the period of darkness between sunset and sunrise or from dawn to dusk.
NOTES:
a). The crime must be wholly committed at night and not when it started at daytime and ended at night time or that it began at night time and was consummated at daytime. In short it began and ended at night.
b). The emphasis is the absence of day light hence night time is not appreciated if the place is well lighted or illuminated, or it takes place inside a public establishment, even if dimly lighted as in night clubs.
c). That the crime was at night time should not be an accidental fact.
d). The two test to determine its presence :
(i) The Subjective Test: that the accused purposely sought the night. He could have committed the crime during day time but he waited for night time.
(ii) The Objective Test: the accused took advantage of it in order to (a) facilitate the commission of the crime (b) hide his identity (c) prevent aid from coming to the victim (d) minimize the defenses of the victim or (e) facilitate his escape.
e). GENERAL RULE: Nighttime is absorbed in treachery.
EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. Thus:
In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely sought, and treachery was further appreciated because the victim‘s hands and arms were tied together before he was beaten up by the accused.
In People vs. Ong, et. al. (Jan. 30, 1975), there was treachery as the victim was stabbed while lying face up and defenseless, and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused.
UNINHABITED PLACE OR SOLITUDE
(DESPOBLADOR) - One where there are no houses at all; a place at a considerable distance from town, or where the houses are scattered at a great distance from each other. Thus help to the victims difficult to come by. Examples: athletic bowl; the road from the gate of Club John Hay to EPZA; Kennon Road; long stretches of highway; the farms in the provinces. As in night time, the place must have been purposely sought for to better attain the criminal purpose. What should be considered is whether in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some help.
BAND (CUADRILLA) - exists when MORE THAN THREE armed malefactors (bad elements) shall have acted together in the commission of the crime. Thus, there must be four or more armed men.
The requisite four armed persons contemplated in this circumstance must all be principals by direct participation who acted together in the execution of the acts constituting the crime.
If one of them was a principal by inducement, there would be no cuadrilla but the aggravating circumstance
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of having acted with the aid of armed men may beconsidered against the inducer if the other two acted as his accomplice.
NOTES:
(a) Armed means all of the accused, not just some, are provided with weapons or means of violence or instruments or tools capable of causing injury to a person. E.g. bladed weapons, stones, sticks (b) This is not applicable in crimes against chastity but
considered in crimes against property, persons, illegal detention and treason.
(c) It is distinguished from Organized Syndicated Crime Group which was a creation of R.A. 7659 and placed under Article 62. The latter refers to a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of the crime (d) It is absorbed in the circumstance of abuse of
superior strength. This is inherent in brigandage. Paragraph 7. On the Occasion of a Calamity or Misfortune
That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune.
Elements:
1. The crime was committed when there was calamity or misfortune;
2. The offender took advantage of the state of confusion or chaotic condition from such misfortune.
NOTES:
The calamity or misfortune must be serious such as conflagration, shipwreck, earthquake, epidemic, tsunami, volcanic eruption, resulting to widespread panic, chaos, confusion and a break down of discipline due to actual or impending danger to lives or to property.
May be due to an action of nature or to the action of man. Example: looting stores abandoned due to flood. If the offender was provoked by the offended party during the calamity or misfortune, this aggravating may not be considered.
Reason for the aggravation:
The debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them. Therefore it is necessary that the offender took advantage of the calamity or misfortune.
Paragraph 8. With the Aid of Armed Men or