Qualifying vs. Generic Aggravating

A qualifying circumstance changes the nature of the crime. A generic aggravating circumstance, on the other hand, does not affect the designation of the crime; it merely provides for the imposition of the prescribed penalty in its maximum period. Thus, while a generic aggravating circumstance may be offset by a mitigating circumstance, a qualifying circumstance may not. (Davalos vs. People, G.R. No. 145229, 20 April 2006, 488 SCRA 84)

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