Article 14Act No. 3815, Sec./Art. 14

Aggravating circumstances.-The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. 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.

6. That the crime be committed in the night time, 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.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

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.

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means.

21. That the Wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.

CHAPTER FIVE

ALTERNATIVE CIRCUMSTANCES

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR

PERIODS

Penalties

Time

Time

Time

Time

included in the

penalty in its entirety

included in its

minimum period

included in its

medium period

included in its

maximum

Reclusion temporal

From 12 years and 1

day to 20 years.

From 12 years and 1

day to 14 years and 8

months.

From 14 years, 8

months and 1 day to

17 years and 4

months.

From 17 years, 4

months and 1 day to

20 years.

Prision mayor,

absolute

disqualification and

special temporary

disqualification

From 6 years and 1

day to 12 years.

From 6 years and 1

day to 8 years.

From 8 years and 1

day to 10 years.

From 10 years and 1

day to 12 years.

Prision correccional,

suspension and

destierro

From 6 months and 1

day to 6 years.

From 6 months and 1

day to 2 years and 4

months.

From 2 years, 4

months and 1 day to

4 years and 2

months.

From 4 years, 2

months and 1 day to

6 years.

Arresto mayor

From 1 month and 1

day to months.

From 1 to 2 months.

From 2 months and 1

day to 4 months.

From 4 months and 1

day to 6 months.

Arresto menor

From 1 to 30 days.

From 1 to 10 days.

From 11 to 20 days.

From 21 to 30 days.

Article 77. When the penalty is a complex one composed

of three distinct penalties. - In cases in which the law

prescribes a penalty composed of three distinct penalties,

each one shall form a period; the lightest of them shall be

the minimum the next the medium, and the most severe

the maximum period.

Whenever the penalty prescribed does not have one of

the forms specially provided for in this Code, the periods

shall be distributed, applying by analogy the prescribed

rules.

Chapter Five EXECUTION AND SERVICE OF

PENALTIES

Section One. - General Provisions

Article 78. When and how a penalty is to be executed. -

No penalty shall be executed except by virtue of a final

judgment.

A penalty shall not be executed in any other form than

that prescribed by law, nor with any other circumstances

or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special

regulations

prescribed

for

the

government

of

the

institutions in which the penalties are to be suffered shall

be observed with regard to the character of the work to

be performed, the time of its performance, and other

incidents

connected

therewith,

the

relations

of

the

convicts among themselves and other persons, the relief

which they may receive, and their diet.

The regulations shall make provision for the separation of

the sexes in different institutions, or at least into different

departments and also for the correction and reform of

the convicts.

Article 79. Suspension of the execution and service of the

penalties in case of insanity. - When a convict shall

become insane or an imbecile after final sentence has

been pronounced, the execution of said sentence shall be

suspended only with regard to the personal penalty, the

provisions of the second paragraph of circumstance

number

1

of

Article

12

being

observed

in

the

corresponding cases.

If at any time the convict shall recover his reason, his

sentence shall be executed, unless the penalty shall have

prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be

observed if the insanity or imbecility occurs while the

convict is serving his sentence.

Article 80. Suspension of sentence of minor delinquents.

- Whenever a minor of either sex, under sixteen years of

age at the date of the commission of a grave or less grave

felony, is accused thereof, the court, after hearing the

evidence

in

the

proper

proceedings,

instead

of

pronouncing judgment of conviction, shall suspend all

further proceedings and shall commit such minor to the

custody or care of a public or private, benevolent or

charitable institution, established under the law of the

care, correction or education of orphaned, homeless,

defective, and delinquent children, or to the custody or

care of any other responsible person in any other place

subject to visitation and supervision by the Director of

Public Welfare or any of his agents or representatives, if

there be any, or otherwise by the superintendent of

public schools or his representatives, subject to such

conditions

as

are prescribed hereinbelow until such

minor shall have reached his majority age or for such less

period as the court may deem proper. The court, in

committing said minor as provided above, shall take into

consideration the religion of such minor, his parents or

next of kin, in order to avoid his commitment to any

private institution not under the control and supervision

of the religious sect or denomination to which they

belong.

The Director of Public Welfare or his duly authorized

representatives or agents, the superintendent of public

schools or his representatives, or the person to whose

custody or care the minor has been committed, shall

submit to the court every four months and as often as

required in special cases, a written report on the good or

bad conduct of said minor and the moral and intellectual

progress made by him.

© Compiled By RGL

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