This case has been cited 1 times or more.
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2004-02-13 |
CARPIO, J. |
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| The "circumstances pertinent" to the relationship cited in People v. Sagarino and People v. Umbaסa are aggravating circumstances listed in paragraph 3 of Article 14 of the Revised Penal Code. Article 14 of the Revised Penal Code enumerates the aggravating circumstances. Unlike mitigating circumstances under Article 13 of the Revised Penal Code, Article 14 does not include circumstances "similar in nature" or analogous to those mentioned in paragraphs 1 to 21 of Article 14. The term "aggravating circumstances" is strictly construed, not only because what is involved is a criminal statute, but also because its application could result in the imposition of the death penalty. The list of aggravating circumstances in Article 14 of the Revised Penal Code is thus exclusive[51] for the purpose of raising a crime to its qualified form. | |||||