Article 10. The following are aggravating circumstances:
That the injured person be the spouse, or ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees, of the offender. This circumstance shall be taken into consideration by the courts as aggravating or mitigating, according to the nature and effects of the crime.
That the act be committed with treachery (alevosia).
There is treachery (alevosia) when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.
That the crime be committed in consideration of a price, reward, or promise.
That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
That the crime be committed by means of printing, lithography, photography, or other similar means which facilitates publicity.
This circumstance shall be taken into consideration by the courts as aggravating or mitigating, according to the nature and effects of the crime.
That the wrong done in the commission of the crime be deliberately augmented by causing other wrongs not necessary for its commission.
That the act be committed with evident premeditation.
That craft, fraud, or disguise be employed.
That advantage be taken of superior strength, or means be employed to weaken the defense.
That the act be committed with abuse of confidence.
That advantage be taken by the offender of his public position.
That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
That the crime be committed on the occasion of a fire, shipwreck, or other calamity or misfortune.
That the crime be committed with the aid of armed men, or that of persons who insure or afford impunity.
That the crime be committed in the nighttime, or in an uninhabited place, or by a band of more than three armed men (encuadrilla).
This circumstance shall be taken into consideration by the courts according to the nature and incidents of the crime.
That the crime be committed in contempt of or with insult to the public authorities.
That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches a lighter penalty.
This circumstance shall be taken into consideration by the courts according to the circumstances of the offender and the nature and effects of the crime.
That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been convicted by final judgment of another crime embraced in the same title of this code.
That the crime be committed in a consecrated place, in the palace of the Governor-General, or in his presence, or where public authorities are engaged in the discharge of their duties.
That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.
That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for the purpose.
That as a means to the commission of the crime a wall, roof, floor, door, or window be broken.
That the offender be a vagrant.
A vagrant is a person who possesses no property or income, does not habitually follow any profession, art, or trade, and has no employment, office, industry, lawful occupation, or any other known and lawful means of support, even though he may be married and have a fixed domicile.
That the act be committed by the use of arms prohibited by the regulations.