Which of the following is not a qualifying aggravating circumstance? (1%)
(A) treachery
(B) evident premeditation
(C) dwelling
(D) cruelty
Suggested answer only. Not an official answer and not legal advice.
(C) Dwelling is not a qualifying aggravating circumstance. Under Article 248 of the Revised Penal Code, as amended, treachery, evident premeditation, and cruelty are qualifying aggravating circumstances that elevate an unlawful killing
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Quick check
Which of the following aggravating circumstances qualifies an unlawful killing to Murder under Article 248 RPC?
Evident premeditation is explicitly listed under Article 248 of the RPC as a qualifying aggravating circumstance for murder.
What is the legal effect of a generic aggravating circumstance under the Revised Penal Code?
Generic aggravating circumstances increase the penalty to its maximum period without altering the crime's legal classification.
Why is Dwelling classified as a generic aggravating circumstance rather than a qualifying aggravating circumstance?
Dwelling affects penalty period computation under Article 14 RPC but does not qualify an unlawful killing to murder.
How do generic aggravating circumstances differ from qualifying aggravating circumstances regarding mitigation?
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Which circumstance is an ordinary or generic aggravating circumstance under Article 14 RPC?
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Learn more about these topics
1. Qualifying Circumstances
Under Article 248 of the Revised Penal Code, qualifying aggravating circumstances are specific statutory factors that change the legal nature of a crime, such as elevating homicide to murder. Treachery, evident premeditation, and cruelty are explicit qualifying circumstances listed under Article 248. When any of these circumstances is alleged in the information and proven during trial, it alters the felony itself rather than merely increasing the penalty within its statutory period.
2. Generic Circumstances
Under Article 14 of the Revised Penal Code, generic aggravating circumstances are factors that increase the penalty for a felony to its maximum period without changing the nature or definition of the crime. Dwelling, nighttime, and band are examples of generic aggravating circumstances. Unlike qualifying circumstances, generic aggravating circumstances can be offset by generic mitigating circumstances during the judicial computation of penalties under the Revised Penal Code.
3. Dwelling as Aggravating
Under Article 14, paragraph 3 of the Revised Penal Code, dwelling is an ordinary aggravating circumstance arising when a crime is committed in the victim's sanctuary without provocation. Dwelling reflects a greater perversity because the offender violates the sanctity of the victim's home. However, dwelling never acts as a qualifying circumstance under Article 248, meaning it cannot by itself convert homicide into the grave felony of murder.