the offender took advantage of the circumstance for the purpose of impunity to prevent being recognized or to secure himself against detection

Nighttime

- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF THE CRIME

- nighttime means: beginning at the end of dusk and ending at dawn - it is not enough that it was nighttime

- what is especially sought for by the offender is the darkness of the night

- this circumstance is not applicable to cases involving accidents, accidental meetings, chance encounters, or spurs of the moment

 Supposing, the crime was committed inside a dark movie house at around 4pm, can the aggravating circumstance of nighttime be appreciated? NO, because was should be especially sought for is the darkness of night, not the darkness of the movie house when the lights were only off because it was only 4 in the afternoon

 Supposing, the crime was committed inside a movie house when the lights were still open and the time then was 9pm, can the aggravating circumstance of nighttime be appreciated? NO, because even though it was nighttime, the place of the commission was well-lighted when it was committed  Supposing, the crime was committed in a place where it was well-lighted by a Meralco lightpost, can

the aggravating circumstance of nighttime be appreciated? NO

Uninhabited Place

- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF THE CRIME

- there should be intent

Spur of the moment – Not applicable

What is considered is the reasonable possibility for the victim to receive some help; the degree of

difficulty of giving assistance or help

 Solitude (must be sought for to better attain criminal purpose)

- for an easy and uninterrupted accomplishment of their criminal design

- to insure concealment of the offense; security against detection and punishment

Band

- more than three malefactors - shall have acted together

- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF THE CRIME

 What do you mean by “armed”? only guns? NO, knives are considered; anything that can kill a person

 Aggravating in crimes against property and crimes against persons; NOT applicable in crimes against chastity

Basis for aggravation: time & place of the commission & means employed

Nighttime – generic (with jurisprudence)

Nighttime as absorbed in treachery qualifies homicide to murder What is nighttime? P. 365

8pm. Met in the classroom. Stabbed amurao. Aggravating? No. classroom is well lighted. Incompatible with: accidental meeting, negligence, p/o, s/p, spur of the moment.

Started the crime at 5pm (sunset) finishes at 11 pm – aggravating? No. unset not dark yet. Started at 3 am – 530 pm – sunrise? No.

Deliberate intent.

If the crime was finished only at nighttime – not aggravating Moviehouse. Lights off? No.

Announcement of total eclipse causing total darkness from 3pm to 5 pm. You plan to kill your neighbor when the eclipse set in. not aggravating

\killed during full moon.no clouds covered the moon. NO

- Nighttime to be aggravating, the accused must have sought the darkness of the night. In crimes against person – may be an indicia of treachery.

Uninhabited place Generic

Legal effect?

Why aggravating? No possibility of receiving help (TEST) Deliberate intent

Incompatible with negligence, sp, p/o, chance encounter, spur of the moment, Can treachery absorb this ac? Yes.

By Band Generic

Absorbed by treachery? Yes Synonymous with syndicate? No

- 2 or more

- Not necessarily armed

5 persons commirtted robbery, only 3 armed. Bya band? No. at least 4 armed.

Article 14(7) – On occasion of calamity or misfortune

- that the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune

- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF THE CRIME

- there should be deliberate intent to take advantage

- this circumstance is not applicable to cases involving accidents, accidental meetings, chance encounters, or spurs of the moment

- this circumstance is not applicable to cases attendant of negligence or carelessness

- not applicable to cases attendant of passion or obfuscation or those with sufficient provocation

Reason: in the midst of great calamity, instead lending aid to the afflicted, the offender adds to the

victims’ suffering by taking advantage of their advantage of their misfortune to despoil

 The offender must seek for the calamity as an opportunity to take advantage or to commit the crime  Supposing, the offender saw his mortal enemy in a flood, then he killed his mortal enemy, can the

aggravating circumstance of be appreciated? NO

Basis for aggravation: time of the commission of the crime

PARAGRAPH 7 - Qualifying - Legal effect

- Deliberate intent – must take advantage of the calamity Incompatible with negligence

Conflagration

Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating Incompatible with: p/o, spur of the moment, sp

Conflagration - A stranger took your properties, what is the crime. Qualified theft.

Article 14(8) – Aid or Armed Men, etc.

- that the crime be committed with the aid of (1) armed men or, (2) persons who insure or afford impunity

Armed Men

- at least two (2) men; the law says “men”; four (4) men = band already

- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF THE CRIME

Rule: Casual presence of armed men is NOT aggravating The armed men must take part directly or indirectly in the crime

 The offender must avail of the aid

 Mere moral or psychological aid or reliance is sufficient

Actual aid is NOT necessary

Persons who insure or afford impunity

- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF THE CRIME

- these persons should have or be in a position to afford impunity  Is a judge a person who can afford impunity? YES

 Is an employee a person who can afford impunity? NO  Is a secretary a person who can afford impunity? NO  Is a mistress a person who can afford impunity? NO

Basis for aggravation: means and ways of committing the crime

PARAGRAPH 8