Disregard of age, sex, rank aggravates what crimes?

Disregard of age, sex or rank is applicable only to crimes against persons or honor. It is not aggravating in robbery with homicide, which is primarily a crime against property, as the homicide is regarded as merely incidental to the robbery.

The aggravating circumstance that the crime was committed with insult or in disregard of the respect due the offended party on account of his rank, age or sex may be taken in account only in crimes against persons or honor, when in the commission of the crime there is some insult or disrespect shown to rank, age, or sex (Albert, Revised Penal Code, 1946 Ed., p. 109; Reyes, Revised Penal Code, 1974 Ed., Vol. I, p. 297). It is not proper to consider this aggravating circumstance in crimes against property (Aquino, Revised Penal Code, 1976 Ed., Vol I, p. 286, citing U.S. v. Samonte, 8 Phil. 286). Robbery with homicide is primarily a crime against property and not against persons. Homicide is a mere incident of the robbery, the latter being the main purpose and object of the criminal (Ibid., Vol. III, 1976 Ed., p. 1434, citing U.S. v. Ipil, 27 Phil. 530, 535). The trial court erred in taking into account this aggravating circumstance. (G.R. No. L-49831; June 27, 1990)

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