Kinds of Aggravating CircumstancesGENERI

CINHERENT Not

AggravatingSPECIAL SPECIFIC QUALIF

YINGAbuse of public position yes Bribery,

malversation, falsification of

document

If used in an organized/syndicated crime group (Art. 62 ¶1 [a]

Contempt/insult of public authority, presence /dwelling of the Chief Exec.

yes

Abuse of ConfidenceObvious ungratefulness

yes

NighttimeUninhabitedBy a Band

yes

Recidivism yes Quasi-Recidivism (Art. 160)

Habituality yesCraftFraudDisguise

EstafaSimple seduction

Unlawful Entry yes Robbery with force on things

Breaking parts of a house Robbery with force on things

Use of persons under 15Premeditation Concubinage

RobberyAdultery

TheftEstafa

Sex absorbed by treachery,

Disregard of rank, age sexCrimes against persons and honor

Abuse of Superior StrengthRape Treachery Murder

Ignominy Crimes against chastity

If victim is dead, on things

CrueltyCrimes against persons

Use of unlicensed firearm in homicide and murderComplex CrimesError in personae

Dwelling Robbery with

intimidation

homicide

Robbery, parties live same dwelling

Aid of armed men Absorbed by “a band”

Crimes against chastity;Attacker and attacked equally armed

Abuse of Superior strength Absorbed by “a band”

Crimes against chastity, parricide, one principle and two accomplices

By a Band Aggravates

Robbery with

homicide

Committed by means of:FirePoisonExplosionStranding of a vesselDerailmentOther artifice

Yes

If no intent to kill, merely arson

Can qualify murder

Committed on occasion of:ConflagrationShipwreckEarthquakeEpidemic