Aggravating Circumstance

AGGRAVATING CIRCUMSTANCE
Basis of this aggravating circumstance.

The basis has reference to means and ways
employed.
Unless used by the offender as a means to

accomplish a criminal purpose, any of the
circumstances in paragraph cannot be considered to
increase the penalty or to change the nature of the
offense.
As generic aggravating circumstance.

A killed his wife by means of fire, as when he set their
house on fire
to kill her; or by means of explosion, as when he
threw a hand grenade
at her to kill her; or by means of poison which he
mixed with the food
of his wife. In any of these cases, there is only a
generic aggravating
circumstance, because they cannot qualify the crime.
The crime committed
is parricide which is already qualified by relationship.
When another aggravating circumstance already
qualifies the
any of these aggravating circumstances shall be
considered as
generic aggravating circumstance only.
When there is no actual design to kill a person in
burning a house, it
is plain arson even if a person is killed.
When the crime intended to be committed is arson
and somebody
dies as a result thereof, the crime is simply arson and
the act resulting
in the death of that person is not even an independent
crime of
homicide, it being absorbed. (People vs. Paterno, et 85
Phil.
722)
If death resulted as a consequence of arson
committed on any
of the properties and under any of the circumstances
mentioned in
Articles 320 to 326, the court shall impose the death
penalty. (Art.
320, Revised Penal Code, as amended)
On the other hand, if the offender had the intent to kill
the
victim, burned the house where the latter was, and the
victim died
as a consequence, the crime is murder, qualified by
the circumstance
that the crime was committed "by means of fire." (See
Art. 248)
When used as a means to kill another person, the
crime is
murder.
The killing of the victim by means of such
circumstances as inundation,
fire, poison, or explosion qualifies it to murder. (Art.
248,
Par. 3)
1. "By means of fire"
In a case, the accused had set fire to an automobile
under a
building, with the result that the edifice was
consumed by fire. One
of the inmates of the house perished in the
conflagration.
Held: In order to constitute murder, there should be an
actual
design to kill and that the use of fire should be
purposely adopted as
a means to that end. (U.S. vs. Burns, 41 Phil. 418, 432)
Hence, if the purpose of the explosion, inundation, fire
or poison
is to kill a predetermined person, the crime committed
is murder.
Once any of these circumstances is alleged in the
information to
qualify the offense, it should not be considered as
generic aggravating
circumstance for the purpose of increasing the
penalty, because
it is an integral elemen t of the offense.
But if a house was set on fire after the killing of the
victim,
there would be two separate crimes of arson and
murder or homicide.
(People vs. Bersabal, 48 Phil. People vs. Piring, 63
Phil. 546,
552) There would not be an aggravating circumstance
of "by mean s
of fire."
2. "By means of explosion"
What crime is committed if a hand grenade is thrown
into the
house where a family of seven persons live, and as a
result of the
explosion, the wall of the house is damaged,
endangering the lives of
the people there?
The offense is a crime involving destruction. (Art. 324)
If one of
the people there died, but there is no intent to kill on
the part of the
offender, it will be a crime involving destruction also,
but the penalty
will be death. But if there is intent to kill and explosion
is by the
offender to accomplish his criminal purpose, it is
murder the victim
dies as a direct consequence thereof.3. means of
derailment of locomotive"
Under Art. 330, which defines and penalizes the crime
of damage
to mean s of communication, derailment of cars,
collision or accident
must result from damage to a railway, telegraph or
telephone lines.
But this is without prejudice to the criminal liability for
other
consequences of criminal act.
What crime is committed if as a result of the
derailment
of cars only property is damaged? It is damage to
means
of communication under Art. 330.
(2) What is the crime if the death of a person also
results
without intent to kill on the part of the offender? It is a
complex crime of damage to m e ans of
communication with
homicide. (Arts. 330 and 249 in relation to Arts. 4 and
48)
(3) What is the crime committed, if the death of a
person
resulted and there was intent to kill on the part of the
offender? It is murder, because the derailment of cars
or
locomotive was the m e an s used to kill the victim.
(Art.
248)
(4) Must this aggravating circumstance be considered
to raise
the penalty, if it already qualifies the crime to murder?
No,
because of Art. 62, par. which provides that when the
aggravating circumstance is included by the law in
defining
a crime, it shall not be taken into consideration for the
purpose of increasing the penalty.
It will be noted that each of the circumstances of
"fire," "explosion,"
and "derailment of a locomotive" may be a part of the
definition
of particular crime, such as, arson (Art. 320), crime
involving
destruction (Art. 324), and damages and obstruction
to means of
communication. (Art. 330)
In these cases, they do not serve to increase the
penalty, because
they are already included by the law in defining the
crimes.
Par. 12 distinguished from Par. 7.
Under par. 12, the crime is committed by means of any
of such
acts involving great waste or ruin. Under par. 7, the
crime is committed
on the occasion of a calamity or misfortune.

Aggravating Circumstance

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AGGRAVATING CIRCUMSTANCE

Basis of this aggravating circumstance.

Unless used by the offender as a means to

As generic aggravating circumstance.

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