Public Position as an Aggravating Circumstance

Details
Category: Book 1- General Provisions

ARTICLE 14, PARAGRAPH 1
Aggravating Circumstances

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


BASIS
- Greater perversity of offender springing from his personal circumstance and the means used in committing it
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REQUIREMENTS:

  1. Public officer
  2. Takes advantage of their positions in the commission of a crime
  3. The use of influence, prestige or ascendancy
  4. “Did the accused abuse his office in committing the crime?”


Taking advantage of the influence of a public officer


US v. Torrida


Accused used his position as the councilor of the town of Aparri in order to elicit fines illegally. The complainants paid fines to the accused on the belief that
such were required by a municipal ordinance. Had the accused not been the councilor of Aparri, he would not be able to commit such crime.


Crime committed: Estafa by means of deceit


US v. Dacuycuy


Accused used the money given to him to purchase 16 out of 39 cedulas and spent the remaining money. The accused, Dacuycuy, did not avail of the influence, prestige or ascendency afforded to him by his position because he could commit the same crime even if he was not a public official.


Crime committed: Estafa with abuse of confidence


There must be proof that the accused took advantage of his public position in committing the crime.


Is the wearing of uniform of the accused tantamount to taking advantage of his position when the crime was committed?


No. In the case of People v. Pantoja, it was stated that the mere fact the accused was wearing a fatigue uniform when he committed the crime does not necessarily establish that he misused his public position in doing so.


In the same manner, when the accused, using his position to his advantage but not wearing a uniform during the time he committed the crime, as long as the offended party is aware that the accused is a policeman, his crime could be aggravated.

 

  • An omission to perform a duty can aggravate a crime such as when a public officer fails to perform his duties.
  • Circumstances are not aggravating if they are inherent or are an integral element in the commission of such crime; and they are not aggravating if the accused could have perpetrated the crime without occupying such position.