NIGHT TIME That period of darkness beginning at end of dusk and ending at dawn

Night time that period of darkness beginning at end

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dwelling, the offender will be liable for murder and not merely homicide. NIGHT TIMEThat period of darkness beginning at end of dusk and ending atdawn. The Civil Code defines it as from sunset to sunrise. (Art. 13, CivilCode of the Philippines).Not all the time, night time may be appreciated as an aggravatingcircumstance.Night time may be appreciated as an aggravating circumstance inthe following instances:1)when it facilitated the commission of the crime;2)when it is especially sought for by the offender to insure thecommission of the crime; or3)when the offender took advantage thereof for the purpose of impunity.Night time is not aggravating, even if the crime was committedduring night time in the following instances:1)When the crime was the result of a succession of acts which took lacewithin the period of two hours commencing at 5:00 p.m. to 7:00 p.m.;2)When treachery concurred with night time in the commission of thecrime because night time is absorbed in treachery; and3)When the meeting between the offender and the offended party atnight time is causal and the idea of committing the crime came into themind of the offender only at that time. The reason for this is that night time was not especially sought forby the offender. But, it may still be aggravating, if the darkness facilitated thecommission of the crime or that the offender took advantage of it.DWELLINGDwelling is an aggravating circumstance when the crime iscommitted in the dwelling of the offended party.Why? Because of two reasons, namely:
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(1) when the offender was welcomed in the home of the offended party and the offender committed the crime against the latter, there was ABUSE OF CONFIDENCE; and (2) when the offender forced his way into the dwelling of the offended party to commit the crime therein, there was VIOLATION OF THE SANCTITY OF THE HOME. Dwelling is not aggravating in the following instances; 1) When the offended party in his dwelling gave sufficient and immediate provocation to the offender. The offended party loses his right to be respected in his home, because he gave sufficient provocation to the offender. But the provocation contemplated has three requisites: (a) it must be given in his dwelling; (b) it must be sufficient; and (c) it must be immediate. 2) When both the offender and the offended party are occupants of the same dwelling. 3) When dwelling is inherent in the crime, such as in robbery with force upon things and in trespass to dwelling. Pursuant to the 2000 Rules on Criminal procedure specifically Rule 110 qualifying aggravating circumstances as well as ordinary or generic aggravating circumstances must be alleged in the information in order to be appreciated. WHO ARE CRIMINALLY LIABLE? Ans.: The following are criminally liable for grave and less grave felonies: 1) Principals. 2) Accomplices. 3) Accessories. The following are liable for light felonies: 1) Principals. 2) Accomplices. WHO ARE CONSIDERED AS PRINCIPALS? The following are considered principals: (1) Those who take a direct part in the execution of the act; (2) Those who directly force or induce others to commit it;
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