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A recidivist is one who, at the time of 18.

That the crime be committed after

Art. 14. Aggravating circumstances. — his trial for one crime, shall have been an unlawful entry.
The following are aggravating previously convicted by final judgment
circumstances: of another crime embraced in the same There is an unlawful entry when an
title of this Code. entrance of a crime a wall, roof, floor,
1. That advantage be taken by the door, or window be broken.
offender of his public position. 10. That the offender has been
previously punished by an offense to 20. That the crime be committed with
2. That the crime be committed in which the law attaches an equal or the aid of persons under fifteen years of
contempt or with insult to the public greater penalty or for two or more age or by means of motor vehicles,
authorities. crimes to which it attaches a lighter motorized watercraft, airships, or other
penalty. similar means. (As amended by RA
3. That the act be committed with insult 5438).
or in disregard of the respect due the 11. That the crime be committed in
offended party on account of his rank, consideration of a price, reward, or 21. That the wrong done in the
age, or sex, or that is be committed in promise. commission of the crime be deliberately
the dwelling of the offended party, if the augmented by causing other wrong not
latter has not given provocation. 12. That the crime be committed by necessary for its commissions.
means of inundation, fire, poison,
4. That the act be committed with explosion,stranding of a vessel or Art. 15. Their concept. — Alternative
abuse of confidence or obvious international damage thereto, circumstances are those which must be
ungratefulness. derailment of a locomotive, or by the taken
use of any other artifice involving great
5. That the crime be committed in the into consideration as aggravating or
waste and ruin.
palace of the Chief Executive or in his mitigating according to the nature and
presence, or where public authorities 13. That the act be committed with effects of
are engaged in the discharge of their evidence premeditation.
duties, or in a place dedicated to the crime and the other conditions
religious worship. 14. That the craft, fraud or disguise be attending its commission. They are the
6. That the crime be committed in the relationship, intoxication and the degree
night time, or in an uninhabited place, 15. That advantage be taken of superior of instruction and education of the
or by a band, whenever such strength, or means be employed to offender.
circumstances may facilitate the weaken the defense.
commission of the offense. The alternative circumstance of
16. That the act be committed with relationship shall be taken into
Whenever more than three armed treachery (alevosia). consideration when the offended party
malefactors shall have acted together in in the spouse, ascendant, descendant,
the commission of an offense, it shall be There is treachery when the offender legitimate, natural, or adopted brother
deemed to have been committed by a commits any of the crimes against the or sister, or relative by affinity in the
band. person, employing means, methods, or same degrees of the offender.
forms in the execution thereof which
7. That the crime be committed on the tend directly and specially to insure its The intoxication of the offender shall be
occasion of a conflagration, shipwreck, execution, without risk to himself arising taken into consideration as a mitigating
earthquake, epidemic or other calamity from the defense which the offended circumstances when the offender has
or misfortune. party might make. committed a felony in a state of
intoxication, if the same is not habitual
8. That the crime be committed with 17. That means be employed or or subsequent to the plan to commit
the aid of armed men or persons who circumstances brought about which add said felony but when the intoxication is
insure or afford impunity. ignominy to the natural effects of the habitual or intentional, it shall be
act. considered as an aggravating
9. That the accused is a recidivist. circumstance.