AGGRAVATING CIRCUMSTANCES

ARTICLE 14, PARAGRAPH 4

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

BASIS:
- Greater perversity shown in the means and ways employed in committing a crime

REQUIREMENTS:

1. That the offended party had trusted the offender
2. That the offender abused such trust by committing a crime against the offended party
3. That the abuse of confidence facilitated the commission of the crime.

The confidence of the offended party on the offender is essential and must be immediate and personal.
Ungratefulness must be obvious, manifest and clear.