Difference: Generic vs. Special Aggravating Circumstances

Generic aggravating circumstances are those that generally apply to all crimes such as those mentioned in Article 14, paragraphs No. 1, 2, 3, 4, 5, 6, 9, 10, 14, 18, 19 and 20, of the Revised Penal Code. It has the effect of increasing the penalty for the crime to its maximum period, but it cannot increase the same to the next higher degree. It must always be alleged and charged in the information, and must be prove[d] during the trial in order to be appreciated. Moreover, it can be offset by an ordinary mitigating circumstance.

On the other hand, special aggravating circumstances are those which arise under special conditions to increase the penalty for the offense to its maximum period, but the same cannot increase the penalty to the next higher degree.

Examples are quasi-recidivism under Article 160 and complex crimes under Article 48 of the Revised Penal Code. It does not change the character of the offense charged. It must always be alleged and charged in the information, and must be proven during the trial in order to be appreciated. Moreover, it cannot be offset by an ordinary mitigating circumstance. (Kimpo vs. Sandiganbayan 55 People vs. Mendoza, G.R. No. 133382, 09 March 2000, 327 SCRA 695; People vs. Palaganas, G.R. No. 165483, 12 September 2006)