Practice question
A properly alleged nighttime circumstance is supported only by the clock hour; the court expressly finds that nighttime did not facilitate the offense and no qualifying use of darkness is established. The prosecution demands automatic aggravation. Which is sound?
- Every offense after sunset is necessarily aggravated.
- Apply Article 14(6)’s facilitation qualification rather than the hour alone.
- The actual circumstances never matter.
- Nighttime automatically proves treachery too.
- A calendar entry replaces the statutory condition.
Legal references
- Revised Penal Code, Article 14(1), (6) and (9), public position, facilitating nighttime or band, and recidivism: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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