A generic aggravating circumstance applies to all crimes. It has the effect of increasing the punishment for the crime to the maximum period of the prescribed penalty and can be offset by an ordinary mitigating circumstance. Those enumerated in Article 14 of the RPC, with exceptions, are generic aggravating circumstances like disrespect due the offended party on account of his or her age, dwelling, recidivism, and nocturnity.

A specific aggravating circumstance applies only to a particular crime as expressly provided by law or jurisprudence but does not change the character of the offense. It has the effect of increasing the penalty like a generic aggravating circumstance and can be offset by an ordinary mitigating circumstance. Under Article 14 of the RPC, some of the aggravating circumstances such as treachery, cruelty, and abuse of superior strength are applicable only to crimes against persons. In other provisions of the RPC, that the victim is a person in authority in physical injuries, unlicensed firearms in robbery in band, and abuse of authority or confidential relations in seduction and acts of lasciviousness are regarded as specific aggravating circumstances.

A qualifying aggravating circumstance changes the nature or designation of the crime and must be provided in the definition of the offense. It warrants the increase of the imposable penalty even to the next higher degrees as provided by law and cannot be offset by an ordinary mitigating circumstance. The circumstances enumerated in Article 248 of the RPC elevate the crime from homicide to murder. Other species of qualifying aggravating circumstances are those present in qualified theft and qualified seduction. Notably, if one of the aggravating circumstances is used to qualify the crime, the others will be deemed as generic aggravating circumstances. For example, where treachery has already been appreciated to qualify the crime as murder, the presence of evident premeditation should be considered only as a generic aggravating circumstance.

An inherent aggravating circumstance necessarily accompanies the commission of the offense. It is an element of the crime and is no longer considered in the determination of penalty. For instance, abuse of public office in bribery, breaking of wall or unlawful entry in robbery with use of force upon things, fraud in estafa, fire in arson, by a band in brigandage, and ignominy in rape are inherent in the commission of these crimes.

A special aggravating circumstance arises under special conditions to increase the penalty for the offense and cannot be offset by an ordinary mitigating circumstance. Quasi-recidivism, complex crimes, mistake in the identity of the victim, taking advantage of public position, and membership in an organized or syndicated crime group are considered special aggravating circumstances.

Lastly, a special qualifying aggravating circumstance includes those mentioned in Republic Act No. 7659 which amended crimes under the RPC and special penal laws to impose death penalty under certain circumstances. For instance, Republic Act No. 7659 prescribes death penalty on the following crimes:

1. Qualified bribery, when it is the public officer who asks or demands the gift or present
2. Kidnapping and serious illegal detention:
3. When the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person
4. When the victim is killed or dies as a consequence of the detention
5. When the victim is raped, subjected to torture or dehumanizing acts
6. Destructive arson, when death results as a consequence of the commission of any of the acts penalized under Article 320

Specifically, Republic Act No. 7659, as amended by Republic Act No. 8353, provides 10 circumstances where death penalty may be imposed for qualified rape. Jurisprudence consistently referred to these 10 attendant circumstances as "special qualifying aggravating circumstances" distinctly applicable to the crime of qualified rape punishable with the supreme penalty of death.

Verily, a special qualifying aggravating circumstance is different from a mere "qualifying aggravating circumstance" that warrants the increase of the imposable penalty even to the next higher degrees provided by law but not necessarily death penalty. The distinction between these two classes of aggravating circumstances is necessary to preserve the legal effects of "special qualifying aggravating circumstance" both as to the criminal and civil liabilities of the accused.

With the enactment of Republic Act No. 9346, the following shall be imposed in lieu of the death penalty:

• The penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the RPC
• The penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the RPC

In both cases, the penalty of reclusion perpetua or life imprisonment shall be imposed without eligibility for parole. Anent the civil liability, the imposable penalty as provided by Republic Act No. 7569 must be used as the basis for awarding damages and not the actual penalty imposed.

The Above, but in Table Form

Note: With the enactment of Republic Act No. 9346, death penalty has been replaced with either reclusion perpetua (when the law uses RPC nomenclature) or life imprisonment (when the law does not use RPC nomenclature), both without eligibility for parole.

Sources:

• People vs. ABC260708, G.R. No. 260708, 23rd January 2024