Aggravating circumstances are those that, if present, increase the criminal penalty because they show greater perversity of the offender, a more dangerous manner of commission, or a greater harm. The Revised Penal Code recognizes different kinds. Generic aggravating circumstances apply generally to crimes and, if not offset by a mitigating circumstance, require imposing the penalty in its maximum period; examples include that the crime was committed in contempt of or with insult to public authorities, with evident premeditation, with abuse of superior strength or means to weaken the defense, with treachery, by means of fire or explosion, with the aid of armed men, in the dwelling of the offended party, at nighttime or in an uninhabited place when sought to facilitate the crime, and with the use of a motor vehicle, among others. Qualifying aggravating circumstances are those that change the nature of the crime and give it a proper name (for example, treachery or evident premeditation qualifies a killing to murder); they must be specifically alleged in the information and, once they qualify the crime, are not merely used to raise the penalty period but define the offense itself. Inherent aggravating circumstances are those that must necessarily accompany the commission of the crime and are therefore not considered separately (for example, evident premeditation is inherent in robbery and theft). Special aggravating circumstances are provided by specific laws and cannot be offset by ordinary mitigating circumstances. A key rule is that an aggravating circumstance must be alleged in the information and proven; unpleaded aggravating circumstances generally cannot be appreciated to increase the penalty, following the accused's right to be informed. So aggravating circumstances raise the penalty or even define a graver crime, and they must be properly pleaded and proven.
What They Do
Aggravating circumstances increase the penalty because they show greater perversity, a more dangerous manner, or greater harm.
The Kinds
- Generic — apply generally; if not offset, impose the maximum period (e.g., dwelling, nighttime, use of a motor vehicle);
- Qualifying — change the nature of the crime and give it a name (e.g., treachery qualifying a killing to murder);
- Inherent — necessarily accompany the crime, not counted separately; and
- Special — provided by specific laws, not offset by ordinary mitigating circumstances.
Must Be Alleged and Proven
An aggravating circumstance must be alleged in the information and proven; an unpleaded one generally cannot be used to raise the penalty, protecting the accused's right to be informed.
Practical Takeaways
- Aggravating circumstances raise the penalty or define a graver crime;
- Qualifying ones (like treachery) change the offense itself;
- They must be pleaded and proven to be appreciated.
Frequently Asked Questions
What are aggravating circumstances? Circumstances that increase the criminal penalty because they show greater perversity of the offender, a more dangerous manner of commission, or greater harm.
What are the kinds of aggravating circumstances? Generic (apply generally and impose the maximum period), qualifying (change the nature of the crime, like treachery qualifying a killing to murder), inherent (necessarily accompany the crime), and special (provided by specific laws and not offset by ordinary mitigating circumstances).
What is the difference between a generic and a qualifying aggravating circumstance? A generic aggravating circumstance raises the penalty to its maximum period if not offset. A qualifying aggravating circumstance changes the nature of the crime and gives it a proper name, and must be specifically alleged.
Must aggravating circumstances be alleged in the information? Yes. An aggravating circumstance must be alleged in the information and proven. An unpleaded aggravating circumstance generally cannot be appreciated to increase the penalty, following the accused's right to be informed.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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