Anda di halaman 1dari 3

Mathematical formula in Criminal

Law
MB CAMPANILLA·WEDNESDAY, JANUARY 18, 2017

In appreciating a qualifying or aggravating circumstance, the court must consider


the intention of the accused. If the accused burned the body of the victim to kill
him, the crime committed is murder qualified by the circumstance of by means of
fire. If he burned the victim after inflicting a mortal wound to augment his
physical suffering, cruelty is present. If he burned the dead body of the victim
after stabbing him to destroy the corpus delicti, employment of means to afford
impunity can be appreciated. If he burned the dead body of the victim after
stabbing him to scoff or outrage the corps of the victim, scoffing may qualify the
killing into murder.

If there are two or more circumstances based on the same incident, only one will
be appreciated while the others are absorbed. If the offenders, who killed the
victim, took advantage of their superior strength to render him defenseless, the
crime committed is murder qualified by the circumstance of treachery. Abused of
superior strength is absorbed. If the offender, who killed the victim, took
advantage of the darkness of the night to render him defenseless, treachery will
qualify the killing into murder while nighttime is absorbed.

If there are two or more circumstances not based on the same incident, one will
be appreciated to qualify the killing into murder and the others to aggravate the
criminal liability of the accused.

In People vs. Laspardas, G.R. No. L-46146, Oct. 23, 1979, the Supreme Court
appreciated abuse of superior strength as a circumstance that qualifies the killing
into murder while scoffing at the corps of the victim (sodomizing the victim after
killing her) as an ordinary aggravating circumstance. According to Regalado, this
ruling is erroneous since scoffing is not listed in Article 14 of RPC as an ordinary
aggravating circumstance. The court should have appreciated scoffing as a
qualifying circumstance in Article 248 while abuse of superior strength as an
ordinary aggravating circumstance, and not the other way around.

If the offender after inflicting fatal wound upon the victim, undressed her to
augment her emotional suffering, this circumstance can be appreciated either as
ignominy or scoffing at the person of the victim. If offender killed the victim with
treachery, the crime committed is murder. Undressing the dying victim must be
appreciated as an ordinary aggravating circumstance of ignominy, and not
scoffing at the person of the victim. Article 14 of RPC has not listed scoffing as an
ordinary aggravating circumstance. If offender killed the victim without other
circumstance, undressing the dying victim must be appreciated as qualifying
circumstance of scoffing, and not ignominy. Article 248 of RPC on murder has
not listed ignominy as a qualifying circumstance.

If the offender was wearing a mask to conceal his identity at that time that he
killed the victim, this circumstance can be appreciated as either disguise or
employment of means to afford impunity. If offender killed the victim with
treachery, the crime committed is murder. Wearing a mask must be appreciated
as an ordinary aggravating circumstance of disguise, and not employment of
means to afford impunity. Article 14 of RPC has not listed employment of means
to afford impunity as an ordinary aggravating circumstance. What is listed in this
provision is committing a crime with the aid of person to afford impunity. If the
offender killed the victim without other circumstance, wearing a mask must be
appreciated as qualifying circumstance of employment of means to afford
impunity, and not disguise. Article 248 of RPC on murder has not listed disguise
as a qualifying circumstance.

There is no mathematical formula in appreciating a circumstance either as


qualifying or aggravating circumstance. Such appreciation will always be
dependent on the particular situations of the case. Cutting the ear of a dying
victim can be considered as qualifying or ordinary aggravating circumstance of
cruelty, or qualifying circumstance of scoffing. Taking advantage of the darkness
of the night to hide his identity may be treated as ordinary aggravating
circumstance of nighttime or qualifying circumstance of employment of means to
afford impunity. And so on, and so forth.