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ARTICLE 238. ABANDONMENT OF OFFICE ORPOSITION.ELEMENTS
:1. That the offender is a
public officer
;2. That he
formally resigns
from his position;3. That his
resignation has not yet beenaccepted
; and4. That he
abandons
his office to the
detriment of the public service.
There must be
formal or written
resignation.
The offense is
qualified
if the purposebehind the abandonment is to
evade thedischarge
of duties consisting of
preventing, prosecuting or punishing anyof the crimes against
national security
. Inthis case, the penalty is higher. This involvesthe following crimes:a. treasonb. conspiracy and proposal to commitconspiracyc. misprision of treasond. espionagee. inciting to war or giving motives toreprisalsf. violation of neutralityg. correspondence with hostile countryh. flight to enemy countryi. piracy and mutiny on the high seas j. rebellionk. conspiracy and proposal to commitrebellionl. disloyalty to public officersm. inciting to rebellionn. seditiono. conspiracy to commit seditionp. inciting to sedition
ABANDONMENT
OFOFFICE OR POSITION(238)
DERELICTION
OFDUTY (208)There is actualabandonment throughresignation to evade thedischarge of duties.Public officer
does notabandon
his office butmerely
fails toprosecute
a violation ofthe law.
ARTICLE 239. USURPATION OF LEGISLATIVEPOWERS.
ELEMENTS
:1. That the offender is an
executive or judicialofficer
; and2. That he (a)
makes
general rules orregulations beyond the scope of his authorityor (b)
attempts to repeal
a law or (c)
suspends
the execution thereof.
ARTICLE 240. USURPATION OF EXECUTIVEFUNCTIONS.ELEMENTS
:1. That the offender is a
judge
;
and2. That he (a)
assumes
a power pertaining tothe executive authorities, or (b)
obstructs
executive authorities in the lawful exercise oftheir powers.
Legislative officers are not liable
forusurpation of executive functions
ARTICLE 241. USURPATION OF JUDICIALFUNCTIONS.ELEMENTS
:1. That the offender is an officer of the
executive
branch of the government; and2. That he (a)
assumes
judicial powers, or (b)
obstructs
the execution of any order ordecision rendered by any judge within his jurisdiction.
A mayor is guilty under this article when heinvestigates a case while a justice of thepeace is in the municipality.
ARTICLE 242. DISOBEYING REQUEST FORDISQUALIFICATION.
ELEMENTS
:1. That the offender is a
public officer
;2. That a
proceeding
is pending before suchpublic officer;3. That there is a
question
brought before theproper authority regarding his
jurisdiction
,which is not yet decided;4. That he has been
lawfully required torefrain from continuing
the proceeding; and5. That he
continues
the proceeding.
ARTICLE 243. ADDRESSING ORDERS ORREQUESTS BY EXECUTIVE OFFICER TO ANYJUDICIAL AUTHORITY.
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ELEMENTS
:1. That the offender is an
executive officer
;2. That he
addresses any order or suggestionto any judicial authority
; and3. That the order or suggestion relates to anycase or business coming within the
exclusivejurisdiction of the courts of justice
.
Legislative or judicial officers are not liableunder this article.
ARTICLE 244. UNLAWFUL APPOINTMENTS.ELEMENTS
:1. That the offender is a
public officer
;2. That he
nominates or appoints
a person toa public office;3. That such person
lacks the legalqualification
therefor; and4. That the offender
knows
that his nominee orappointee lacks the qualification at the timehe made the nomination or appointment.
Recommending
,
knowing that the personrecommended is not qualified,
is not acrime.
There must be a law providing for thequalifications
of a person to be nominatedor appointed to a public office.
ARTICLE 245. ABUSES AGAINST CHASTITY
The penalties of prision correccional in its mediumand maximum periods and temporary specialdisqualification shall be imposed:
ELEMENTS
:1. That the offender is a
public officer
;2. That he solicits or makes
immoral orindecent advances to a woman
; and3. That such
woman
must be –a. interested in
matters pending
beforethe offender for decision, or withrespect to which he is required tosubmit a report to or consult with asuperior officer, orb. under the
custody
of the offenderwho is a warden or other public officerdirectly charged with care and custodyof prisoners or person under arrest, orc. the
wife, daughter, sister or relativewithin the same degree by affinity
ofthe person in the
custody
of theoffender.
The
mother
of the person in the custody ofthe public officer is
not included.
To solicit
means to propose earnestly andpersistently something unchaste and immoralto a woman.
The advances must be immoral or indecent.
The crime is
consummated by mereproposal
.
Proof of solicitation is not necessary
when there is
sexual intercourse.
TITLE EIGHTCRIMES AGAINST PERSONSChapter One –DESTRUCTION OF LIFEARTICLE 246. PARRICIDE.ELEMENTS
:1. That a person is
killed
;2. That the deceased is killed by the accused;3. That the deceased is thea. father, mother, orb.
child, whether legitimate or illegitimate,
orc.
legitimate other ascendant or other descendant,
ord.
legitimate spouse
of the accused.
The
relationship
of the offender with thevictim is the essential element of parricide.
Parents and children are not included in theterm “ascendants” or “descendants”.
The other ascendant or descendant must belegitimate. On the other hand, the father,mother or child may be legitimate orillegitimate.
The child
should not be less than 3 days old
. Otherwise, the offense is
infanticide.
Relationship
must be
alleged and proved
.
A
stranger who cooperates
in committingparricide is liable for
murder or homicide.
Even if the offender did not know
that theperson he had killed is his son, he is
stillliable for parricide
because
the law does not require knowledge of the relationship.
ARTICLE 247. DEATH OR PHYSICAL INJURIESUNDER EXCEPTIONAL CIRCUMSTANCES.
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ELEMENTS:
1. A
legally
married person or
parent
surprises
his
spouse or daughter
(thelatter must be
under 18 and living withthem
) in the act of committing
sexualintercourse
with another person;2.
He/she kills any or both of them
or inflictsupon any or both of them any
seriousphysical injury
in the act or immediately thereafter
; and3. He has
not promoted or facilitated theprostitution
of his wife or daughter, or thathe has
not consented to the infidelity
ofthe other spouse.
This article does not define or penalize afelony, the penalty is
destierro.
It is not necessary that the parent belegitimate for the application of this article.
This article applies only when the daughter issingle.
Surprise
means to come upon suddenly orunexpectedly.
Art. 247 is applicable even when the accuseddid not see his spouse in the act sexualintercourse with another person. It is enoughthat
circumstances
reasonably show that thecarnal act is being committed or has beencommitted.
Sexual intercourse does not include
preparatory acts.
“Immediately thereafter”
means that thediscovery, escape, pursuit and the killingmust all form parts of
one continuous act.
Immediately thereafter – may be an hourafter
proximate result of outrageoverwhelming accused after chancing uponspouse in basest act of infidelity
The killing must be the
direct by-product of the rage
of the accused.
No criminal liability
is incurred when
less serious or slight physical injuries
are inflicted.Moreover, in case third persons caught in thecrossfire suffer physical injuries, the accusedis not liable for physical injuries. The principlethat one is liable for the consequences of hisfelonious act is not applicable, because hisact under Art.247 does not amount to afelony.
ARTICLE 248. MURDERELEMENTS
:1. That a person was
killed
;2.
That the accused killed him
;3. That the killing was attended by any of thefollowing
qualifying circumstances:
a. with
treachery,
taking advantage of
superior strength
, with the
aid ofarmed men
, or employing
means toweaken the defense
or of
means orpersons to insure or afford impunity
,b. in consideration of
price, reward orpromise,
c.
by means of
inundation, fire, poison,explosion, shipwreck, stranding
ofvessel
,
derailment or assault upon astreet car or locomotive
,
fall ofairship
,
by means of motor vehicles
orwith the use of any other means involving
great waste or ruin,d.
on occasion of any of the calamitiesenumerated in the preceding paragraph,or of an earthquake, eruption of avolcano, destructive cyclone, epidemic orany other
public calamity,
e. with
evident premeditation
, orf. with
cruelty
, by
deliberately andinhumanely augmenting the suffering
of the victim or
outraging or scoffing athis person or
corpse
;
and4. The killing is
not parricide or infanticide
.
The victim must be killed in order toconsummate the offense. Otherwise, it wouldbe attempted or frustrated murder.
That murder will exist with only one of thecircumstances described in Article 248.When more than one of said circumstancesare present, the others must be consideredas generic aggravating.
That when the other circumstances areabsorbed or included in one qualifyingcircumstance, they cannot be considered asgeneric aggravating.
Any of the qualifying circumstances
must bealleged
in the information.
Otherwise
, theywill only be considered as
generic aggravating
circumstances.
Treachery and premeditation
are
inherent
in murder with the use of
poison
.
PEOPLE vs. SANTOS, GR 127492, 1/16/04
A sudden and unexpected attack under circumstances which render the victim unable to defend himself by reason of the suddenness and severity of the attack constitutes alevosia.
PEOPLE vs. ERIC GUILLERMO, GR 147786,1/20/04
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Criminal Law (Art 238-365)
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hi po..just wanna ask if you have cases related to election law..thanks thanks so much for the docs..