The following are aggravating circumstances: xxx. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. xxx (Art. 14, par. 7, RPC) 


Requisites of calamity or misfortune:
  1. There is a calamity or misfortune
  2. The offender took advantage of the said occasion to facilitate the commission of the crime or to insure impunity.

Why calamity or misfortune is aggravating

The reason for the existence of this circumstance is found in the debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them (US v. Rodriguez, G.R. No. L-6344, March 21, 1911).


Other calamity or misfortune

Facts: A and B boarded a motorized boat. In the middle of the sea, the boat developed an engine trouble. A and B, with intent to steal the boat, fired their revolver to scare the passengers. One passenger was hit while the others jumped into the sea, who were all drowned and died. 

Issue: Whether the development of engine trouble at sea be considered an aggravating circumstance

Held: The development of engine trouble at sea is a misfortune, but it does not come within the context of the phrase "other calamity or misfortune" as used in Article 14, paragraph 7 of the Revised Penal Code, which refer to other conditions of distress similar to those precedingly enumerated therein, namely, "configuration, shipwreck, earthquake, epidemic", such as the chaotic conditions resulting from war or the liberation of the Philippines during the last World War. The reason for the provision of this aggravating circumstance "is found in the debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted adds to their suffering by taking advantage of their misfortune to despoil them." Clearly, no such condition of great calamity or misfortune existed when the motor banca developed engine trouble.

It should be added that there is nothing in the record whatever to indicate that the engine trouble developed was a serious one such as to create confusion and apprehension on the part of the passengers as perceived by the trial court, and that the same was not easily repaired; if at all, the indications are to the contrary, for as alleged in the information, the accused succeeded in stealing the motor banca at sea. (People v. Arpa, G.R. No. L-26789, April 25, 1969).


Calamity or misfortune is a qualifying circumstance in:

1. Qualified theft - The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, xxx if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance (Art. 310, RPC)

2. Murder - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: xxx 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity (Art. 248, RPC).


Problem:

X and Y were fighting. X lost the fight. Suddenly, there was an earthquake and all the people panicked and went outside their house. X went out of his house and saw Y also panicking. X saw this as an opportunity to kill Y and get his revenge. X approached Y and stabbed him multiple times. X was charged with homicide committed on the occasion of earthquake as an aggravating circumstance. How do we appreciate the aggravating circumstance that the crime was committed on the occasion of an earthquake?

A: The aggravating circumstance that the crime was committed in the occasion of an earthquake must be appreciated as a qualifying aggravating circumstance. Article 248 states that when a person kills another on the occasion of a calamity such as an earthquake, the person is liable for murder. In this case, since X killed Y on the occasion of an earthquake, such aggravating circumstance shall qualify the crime into murder (Garcia Notes).