Practice question
A public employee commits a private offense with no use or advantage of office, as the factfinder expressly establishes. The prosecution invokes public-position aggravation solely from the job title. Which is sound?
- Every job title conclusively proves the circumstance.
- All public employees aggravate all private acts automatically.
- The proved lack of advantage is irrelevant.
- The circumstance requires no connection to office.
- Official status alone does not establish the required advantage taken.
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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