The Crime be Committed in the Night Time, or in an Uninhabited Place, or by a Band

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Category: Book 1- General Provisions

ARTICLE 14, PARAGRAPH 6- REVISED PENAL CODE

AGGRAVATING CIRCUMSTANCES


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.


BASIS
- Time and place of the commission of crime and means and ways employed


REQUISITES
- When it facilitated the commission of the crime
- When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity
- When the offender took advantage thereof for the purpose of impunity


Are they considered as one?


According to the Supreme Court of Spain in April 5, 1884, they are considered as one aggravating circumstance if they concur. But in a decision made on April 27. 1897, if the elements are distinctly perceived and can subsist independently, revealing a greater degree of perversity, the can be considered as separate from each other.


First requisite
- Nighttime facilitated the commission of a crime when it allowed the crime to be perpetrated unmolested or interference can be avoided.


Second and third requisite
- Nighttime was sought for when he sought for it in order to commit his crime in ease and not when the notion to commit the crime was conceived only shortly before its commission.
- For nighttime to be aggravating, it need not necessarily be sought for if (1) it facilitated the commission of the offense and (2) the offender took advantage of the same to commit the crime.
- “For the purpose of impunity”: to prevent his being recognized or to secure himself against detection.


Nighttime


- The period of darkness beginning at end of dusk and ending at dawn.
- By itself, it is not an aggravating circumstance if the prior requisites are not met
- Must be alleged in the information that it was sought for, taken advantage of or facilitated the commission of a crime.
- Not aggravating when the crime began at daytime
- Crime must be committed in the darkness of the night


Uninhabited place


- Is one where there are no houses at all, a place at a considerable distance from town, or where houses are scattered at a great distance from each other
- Not considered when crime was committed when the place where the crime was committed could be seen and the voice of the deceased be heard from a nearby house.
- Determined by whether or not in the place of the commission of the offense there was a reasonable possibility of the victim receiving some help
- When the victims are the occupants of the only house in the place, the crime is committed in an uninhabited place (People v. Piring, 63 Phil 546)
- Solitude must be sought to better attain the criminal purpose


By a band


- Whenever more than three armed malefactors shall have acted together in the commission of an offense.
- There should be more than three men and they should act together
- When there are twenty men or one out of four men was merely a principle by inducement, they do not qualify as a band because they are not more than three armed persons.
- Considered aggravating in crimes against property or persons or in the crime of illegal detention or treason
- Not applicable to crimes against chastity
- Abuse of superior strength and use of firearms are absorbed in this aggravating circumstance
- Inherent in brigandage
- Aggravating in robbery with homicide