ARTICLE 14, PARAGRAPH 8- AGGRAVATING CIRCUMSTANCES


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


BASIS
- The means and ways in committing the crime


REQUISITES
- That the armed men or persons took part in the commission of the crime, directly or indirectly
- That the accused availed himself of their aid or relied upon them when the crime was committed


EXCEPTIONS
- Not considered when both the attacking party and the attacked party were equally armed
- Not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose


Rule for application
- The casual presence of armed men near the place where the crime was committed does not constitute an aggravating circumstance when it appears that the accused did not avail himself of their aid or rely upon them to commit the crime