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"4) When the victim is a religious engaged in legitimate religious vocation or calling and
is personally known to be such by the offender before or at the time of the commission of
the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
"7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or
penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.
5. The elements of sexual harassment are as follows:
1) The employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person has authority, influence
or moral ascendancy over another;
2) The authority, influence or moral ascendancy exists in a working environment;
3) The employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, or any other person having authority, influence or
moral ascendancy makes a demand, request or requirement of a sexual favor.
4) The acts of the offender would result in an intimidating, hostile or offensive
environment for the offended party.
6. Child pornography" refers to any representation, whether visual,
audio, or written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities
Section 5. Syndicated Child Pornography - The crime of child
pornography is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.
(Republic Act No. 9775- AN ACT DEFINING THE CRIME OF CHILD
c. That the deceased is the father, mother or child, whether legitimate or illegitimate, or a
legitimate either ascendant or other descendant, or the legitimate spouse, of the accused.
Relationship of the offender with the victim is the essential element of this crime.
13. Rules for the application of circumstances that qualify the killing to
murder
14. Article 256. Intentional Abortion
Acts punished
1.
2.
Acting, but without using violence, without the consent of the woman.
(By administering drugs or beverages upon such pregnant woman without her
consent.)
3.
Acting (by administering drugs or beverages), with the consent of the
pregnant woman.
Elements
1.
2.
Violence is exerted, or drugs or beverages administered, or that the
accused otherwise acts upon such pregnant woman;
3.
As a result of the use of violence or drugs or beverages upon her, or any
other act of the accused, the fetus dies, either in the womb or after having been
expelled therefrom;
4.
2.
Violence is used upon such pregnant woman without intending an
abortion;
3.
4.
As a result of the violence, the fetus dies, either in the womb or after
having been expelled therefrom
Article 258. Abortion Practiced by the Woman Herself or by Her
Parents
Elements
1.
2.
3.
Abortion is caused by
a.
b.
c.
Any of her parents, with her consent for the purpose of concealing her
dishonor.
Article 259. Abortion Practiced by A Physician or Midwife and
Dispensing of Abortives
Elements
1.
2.
3.
Offender, who must be a physician or midwife, caused or assisted in
causing the abortion;
4.
Said physician or midwife took advantage of his or her scientific
knowledge or skill.
15. Distinction between homicide and physical injuries:
In attempted or frustrated homicide, there is intent to kill.
In physical injuries, there is none. However, if as a result of the physical injuries
inflicted, the victim died, the crime will be homicide because the law punishes the
result, and not the intent of the act.
The following are holdings of the Supreme Court with respect to the crime of
homicide:
(1) Physical injuries are included as one of the essential elements of frustrated
homicide.
(2) If the deceased received two wounds from two persons acting independently of
each other and the wound inflicted by either could have caused death, both of them
are liable for the death of the victim and each of them is guilty of homicide.
(3) If the injuries were mortal but were only due to negligence, the crime committed
will be serious physical injuries through reckless imprudence as the element of intent
to kill in frustrated homicide is incompatible with negligence or imprudence.
(4) Where the intent to kill is not manifest, the crime committed has been generally
considered as physical injuries and not attempted or frustrated murder or homicide.
(5) When several assailants not acting in conspiracy inflicted wounds on a
15. Distinction between Robbery and theft
To show that robbery was committed, the government needs to prove the following
elements:
(1) the taking of personal property be committed with violence or intimidation against
persons;
(2) the property taken belongs to another; and
(3) the taking be done with animo lucrandi.
On the other hand, the elements constituting the crime of theft are:
(1) that there be taking of personal property;
(2) that said property belongs to another;
(3) that the taking be done with intent to gain;
(4) that the taking be done without the consent of the owner; and
(5) that the taking be accomplished without the use of violence against or intimidation
of persons or force upon things.
Thus, the distinguishing element between the crimes of robbery and theft is
the use of violence or intimidation as a means of taking the property
belonging to another; the element is present in the crime of robbery and
absent in the crime of theft.
16. "Fencing" is the act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire, conceal, sell
or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds of the crime of
robbery or theft.
"Fence" includes any person, firm, association corporation or
partnership or other organization who/which commits the act of fencing.
What are the elements of Fencing:
1. A crime of robbery or theft has been committed;
2. Accused, who is not principal or accomplice in the crime, buys, receives, keeps,
acquires, conceals, or disposes, or buys and sells, or in any manner deals in any
article, item, object or anything of value, which has been derived from the
proceeds of the crime;
3. The accused knows or should have known that said article, item, object or
anything of value has been derived from the proceeds of the crime of robbery or
theft; and
4. There is on the part of the accused, intent to gain for himself or for another.
17. Ways of commiting estafa
Elements in general
1.
This covers the three different ways of committing estafa under Article 315;
thus, estafa is committed
a.
b.
c.
(The first form under subdivision 1 is known as estafa with abuse of confidence; and the
second and third forms under subdivisions 2 and 3 cover cover estafa by means of
deceit.)
2.
Damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person.
21. Article 353. Definition of Libel
A libel is a public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstances tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
Elements:
1.
There must be an imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstance;
2.
3.
It must be malicious;
4.
The imputation must be directed at a natural or juridical person, or one who is
dead;
5.
The imputation must tend to cause the dishonor, discredit or contempt of the
person defamed.