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Crim2 Reviewer

Crim2 Reviewer

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Published by: Sui on Aug 11, 2008
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Chapter One – Destruction of LifeArticle 246. ParricideArticle 247. Death or physical injuries inflicted under exceptionalcircumstancesArticle 248. Murder.Article 249. HomicideArticle 250. Penalty for frustrated parricide, murder or homicideArticle. 251. Death caused in a tumultuous affray.Article. 252. Physical injuries inflicted in a tumultuous affrayArticle 253. Giving assistance to suicideArticle 254. Discharge of firearmsArticle 255. InfanticideArticle 256. Intentional abortion.Article 257. Unintentional abortionArticle 258. Abortion practiced by the woman herself of by her parents.Article 259. Abortion practiced by a physician or midwife and dispensing of abortivesArt. 260. Responsibility of participants in a duel.Art. 261. Challenging to a duelChapter Two – Physical InjuriesArticle 262. MutilationArticle 263. Serious physical injuriesArticle 264. Administering injurious substances or beveragesArticle 265. Less serious physical injuriesArticle 266. Slight physical injuries and maltreatment+ RA 8049 (Hazing Law)RA 8353Article 266-A. Rape; When And How CommittedArticle 266-B. PenaltiesArticle 266-C. Effect of PardonArticle 266-D. Presumptions+ RA 9262 (Anti VAWC)Chapter OneDestruction Of Life Section One. — Parricide, murder, homicide 
 Article 246. Parricide
— Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punishedby the penalty of 
reclusion perpetua
to death.
person is killed
deceased killed by the accused
deceased is
should not be less than 3 days old because if so,guilty of infanticided.
Legitimate other ascendant
Legitimate other descendant
Legitimate spouse
best proof: marriage certificate or testimony of theaccused that he is married to the deceased
Essential element
of the offender with the victim; onlyrelatives by blood and in direct line, except spouse—thus, adopted NOTincluded!Note: According to sir, an adopted child is considered a legitimate child sopwede. However, the parents of the adopter is not included since accordingto family law, the relationship is exclusive between the adopter and adopted.
relationship MUST be ALLEGED
! If not, then, cannot be convicted of parricide but only of murder and relationship will be considered only asan aggravating circumstance.
there is parricide through reckless imprudence if accused had no intentto kill anyone.
parricide by mistake
when accused not know the relationship of theperson he killed. Y? law does not require knowledge of relationshipbetween them
liability of stranger who cooperates: guilty of homicide/murder Cases:
People vs. Jumawan 116 SCRA 739 (September 23, 1982)Facts
: Presentacion wanted to secure the signature of Rodolfo on adocument agreeing to a separation from his wife so that they can bothremarry. Rodolfo did not sign. At 9:30 pm, a witness saw the accusedstabbing the victim in a slaughterhouse. At 11pm, another witness saw thevictim being dragged by the accused. When Rodolfo did not return home,mother (Trinidad) looked for him and found him dead near the water.
Whether legitimate/illegitimate
Presentacion should have been accused of parricide but as it is; her relationship of the deceased is not alleged in the information. She like theothers can be convicted of murder only qualified by abuse of superior strength. Although not alleged in the information, relationship as anaggravating circumstance should be assigned against the appellants.
Relationship should be alleged in the information for the accusedto be convicted of parricide.
People vs. Tomotorgo 136 SCRA 238 (April 30, 1985)Facts
: Jaime got mad because his wife, Magdalena tried to leave him, so hepicked up a piece of wood and started hitting his wife until she fell to theground complaining of severe pain on her chest. She died. Jaime thendresses his wife and reported the incident to Barangay Captain andsurrendered and he brought the piece of wood which he used in beating hiswife. Jaime was then charged with the crime of Parricide.
: Reliance of Art. 263 prescribing graduated penalties for the corresponding physicalinjuries committed is entirely misplaced and irrelevant considering that in thiscase, the victim died very soon after she was assaulted. The fact that Jaimeonly intended to maltreat Magdalena does not exempt him from liability for resulting and more serious crime committed.
: It is not physical injuries when the victim dies immediatelyafterwards. 
 Article 247. Death or physical injuries inflicted under exceptional circumstances
— Any legally married person who having surprised hisspouse in the act of committing sexual intercourse with another person, shallkill any of them or both of them in the act or immediately thereafter, or shallinflict upon them any serious physical injury, shall suffer the penalty of 
.If he shall inflict upon them physical injuries of any other kind, heshall be exempt from punishment.These rules shall be applicable, under the same circumstances, toparents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.Any person who shall promote or facilitate the prostitution of his wifeor daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.
a.legally married person
(may be legit/illegit)
of under 18 yr. old singledaughter living with him
surprises his spouse (in flagrant adultery) /daughter in the actof committing sexual intercourse with another person
“surprise”-to come upon suddenly and unexpectedly
does not apply if accused did not see the act of committing sexualintercourse, thus, NOT applicable if saw only sleeping together or after the act.
BUT it is enough that the circumstances show reasonablythat the carnal act is being committed or has just been committed.
there must be sexual intercourse and so it does NOT include preparatoryacts. DISSENT: (Justice Laurel) no need for actual sexual intercourse.
kills any or both
b.Inflicts any serious physical injuries
In the act or immediately thereafter 
necessary that killed or inflicted the wounds while they were in the act of sexual intercourse or if able to run away, immediately after surprisingthem in the act of sexual intercourse.
discovery, escape, pursuit and the killing must all form part of onecontinuous act
accused did not promote or facilitate
the prostitution of hiswife/daughter or 
not consented to the infidelity
of the other spouseNote: Apparently this article is not based on any moral consideration butmore of the concept of ownership. As in, you own your spouse/daughter,therefore no one else can “use” them without your permission.
article does not define or penalize a felony!
Thus, the requisites must be established by the evidence of the defenseso as be to punished only of 
accused cannot enter into a conditional plea of guilty and be sentencedwith destierro since accused will be charged with paricide/homicide or serious physical injuries.
killing must be the direct by-product of the accused’s rage
; actuallymotivated by blind impulse and not be influences by some externalfactor.
reason of the killing must be: for having surprised her in the act of sexualintercourse with another person
Note: passion and obfuscation is only a mitigating circumstance unlike in theUS where temporary insanity is absolutory.NO CRIMINAL LIABILITY IF: only inflicted less serious or slight physicalinjuries or when inflicted to a 3
person caught in the crossfire becauseaccused was not committing murder but inflicting death under exceptionalcircumstances.
Banishment not intended as penalty but to protect the killer spouse
from the acts of reprisals by relatives of the deceased.WHEN PARRICIDE NOT PUNISHED WITH RECLUSION PERPETUA TODEATH:1.Parricide committed through negligence2.committed by mistake3.committed under exceptional circumstancesCase:
People vs. Abarca 153 SCRA 735 (September 14, 1987)Facts:
Francisco Abarca caught his wife, Jenny, having sex with KhingsleyKoh. He stole an M16 from a PC soldier and opened fire at a mahjjongsession after warning others not involved to get out, killing Koh and injuringtwo others.
: Though one hour had passed between the time of thesexual intercourse and shooting, the shooting must be understood to be acontinuation of the pursuit of the victim. RPC only requires that the death bethe proximate result of the outrage overwhelming the accused after chancingupon his spouse in the basest act of infidelity. The killing must be the directby-product of the accused’s rage.
RPC does not say he should commit the killing instantly after witnessing the infidelity, it only requires that the killing be the direct result of the outrage suffered by the cuckolded husband.
 Article 248. Murder.
— Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punishedby
reclusion temporal 
in its maximum period to death, if committed with anyof the following attendant circumstances:1. With
treachery, taking advantage of superior strength, withthe aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity
.2. In consideration of a
price, reward, or promise
.3. By means of 
inundation, fire, poison, explosion, shipwreck,stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with theuse of any other means involving great waste and ruin
.Note: may be absorbed depending on the circumstances (e.g. bomb in car)4. On occasion of any of the
enumerated in the precedingparagraph, or of an
earthquake, eruption of a volcano, destructivecyclone, epidemic or other public calamity
.Note: not absorbed; this violates the moral expectation to lend assistanceand therefore makes the act more evil.5. With
evident premeditation
.6. With
, by deliberately and inhumanly augmenting thesuffering of the victim, or 
outraging or scoffing at his person or corpse
ELEMENTS:1.person was killed
victim must be killed to consummate the crime. If not then onlyattempted or frustrated murder 
2.accused killed him3.killing was attended by ANY of the qualifying circumstances
when more than one of the circumstances mentioned, othersconsidered as generic aggravating
qualifying circumstance must still be ALLEGED in theinformation! If not, then only homicide
4.killing is not parricide or infanticide
when attendant circumstance is #3
murder committed by means of fire, poison, explosion, shipwreck and etc, there must be INTENT tokill to be liable for murder.
however, no intent to kill needed in the other attendantcircumstances.TREACHERY- attack is sudden and unexpected to the point of incapacitatingthe victim to repel or escape it.-sudden and unexpected and the victims were not in a position todefend themselves-means, methods or forms of attack must be consciously adopted bythe offender [example: killing of a child of tender years]Note: can be absorbed in abuse of superior strengthTAKING ADVANTAGE OF SUPERIOR STRENGTH- superior strength mustbe taken advantage of. [example: sex and weapon giving superiority]WITH AID OF ARMED MEN- accused had companions who were armedwhen he committed the crime; accused must avail himself of their aid or relyupon them when the crime is committed

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