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That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES: (247) 1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse. MURDER: (248) 1. That a person was killed. 2. That the accused killed him. 3. That the killing was attended by any of the following qualifying circumstances 1. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity 2. in consideration of price, reward or promise 3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin 4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity 5. with evident premeditation 6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse 4. The killing is not parricide or infanticide. HOMICIDE: (249) 1. That a person was killed. 2. That the accused killed him without any justifying circumstances. 3. That the accused had the intention to kill, which is presumed. 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE: (250) Frustrated Parricide, Murder or Homicide – Penalty lower by one degree than that which should be imposed under provisions of Article 50. Attempted Parricide, Murder or Homicide – Penalty lower by one under provisions of Article 51. DEATH IN A TUMULTOUS AFFRAY: (251) 1. That there be several persons. 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner. 4. That someone was killed in the course of the affray. 5. That it cannot be ascertained who actually killed the deceased. 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified. PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252) 1. That there is a tumultuous affray as referred to in the preceding article. 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. 3. That the person responsible therefore cannot be identified.
That all those who appear to have used violence upon the person of the offended party are known.
GIVING ASSISTANCE TO SUICIDE: (253) Acts punishable: 1. Assisting another to commit suicide, whether the suicide is consummated or not 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself. DISCHARGE OF FIREARMS: (254) 1. That the offender discharges a firearm against or at another person. 2. That the offender has no intention to kill that person. INFANTICIDE: (255) 1. That a child was killed. 2. That the deceased child was less than three days (72 hours) of age. 3. That the accused killed the said child. INTENTIONAL ABORTION: (256) 1. That there is a pregnant woman. 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman. 3. That 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. That the abortion is intended. UNINTENTIONAL ABORTION: (257) 1. That there is a pregnant woman. 2. That violence is used upon such pregnant woman without intending an abortion. 3. That the violence is intentionally exerted. 4. That as a result of the violence that fetus dies, either in the womb or after having been expelled therefrom. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258) 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended. 3. That the abortion is caused by – 1. the pregnant woman herself 2. any other person, with her consent, or 3. any of her parents, with her consent for the purpose of concealing her dishonor. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259) 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended. 3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion. 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260) Acts punished: 1. Killing one’s adversary in a duel 2. Inflicting upon the adversary serious physical injuries 3. Making a combat although no physical injuries have been inflicted Persons liable: 1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases 2. Accomplices – as seconds CHALLENGING TO A DUEL: (261) Acts punishable: 1. Challenging another to a duel 2. Inciting another to give or accept a challenge to a duel 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable: 1. Challenger 2. Instigators II. PHYSICAL INJURIES MUTILATION: (262) Kinds of Mutilation 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction
Cyndi Grace P. Moralde
That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party. the offender knew of the pregnancy of the offended party at the time of the commission of the crime. a child below 7 years old 7. when the offender knew of the mental disability. use of deadly weapon or 2. under any of the circumstances mentioned in par 1 hereof. That the offender inflicted upon another person any serious physical injury 2. reclusion perpetua – homicide is committed by reason or on occasion of rape 6. emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime Rape committed under par 2 is punishable by: 1. He had no intent to kill LESS SERIOUS PHYSICAL INJURIES: (265) 1. reclusion perpetua 2. Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. prision mayor to reclusion temporal 1. member of the AFP. offender. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above EFFECT OF PARDON: (266-C) 1. prision mayor 2. by two or more persons 3. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days). offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim 8. b. Administering injurious substances What are serious physical injuries: 1. relative by consanguinity or affinity with the 3rd civil degree or 6. when the offender took advantage of his position to facilitate the commission of the crime 9. when the offended party is deprived of reason or otherwise unconscious 3. mutilation of organs necessary for generation 2. Mutilation is caused purposely and deliberately SERIOUS PHYSICAL INJURIES: (263) How Committed 1. victim suffered permanent physical mutilation or disability 10. threat or intimidation 2. Ill-treatment of another by deed without causing any injury (ex. PRESUMPTIONS: (266-D) 1. into the genital or anal orifice of another person Rape committed under par 1 is punishable by: 1. victim under 18 years and offender is: 1. or needs medical attendance for the same period of time 2. There be a castration i. loses the use of speech or the power to hear or to smell. Where the offended party is so situated as to render him/her incapable of giving consent. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days) ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264) 1. Cyndi Grace P. through force. 2. or the PNP. ascendant 3. imbecile. loses the use of any such member 3. Wounding 2. or para-military units thereof. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity 3. or any law enforcement agency or penal institution. and 11. victim became insane by reason or on the occasion of rape 2. under the custody of the police or military authorities or any law enforcement or penal institution 4. Injured person – 1. the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty. 2. parent or any of the children or other relatives within the 3rd degree of consanguinity 5. loses the use thereof 4. By a man who have carnal knowledge of a woman under any of the following circumstances: 1. impotent or blind 2. by means of fraudulent machination or grave abuse of authority 4. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period 2. clipping off any part of the body of the offended party. a hand. i. or any instrument or object.e. other than the essential organ for reproduction. arm or leg 2. the rape is attempted and a homicide is committed by reason or on the occasion thereof 3. when the offended party is under 12 years of age or is demented. Beating 3. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed 5. step-parent 4. 1. Moralde . reclusion temporal – when the victim has become insane 4. DEATH when 1. reclusion perpetua to DEATH when 1. Assaulting 4. Injured person – 1. becomes deformed 2.e. 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 6. to deprive him of that part of the body Elements: 1. That the physical injuries must not be those described in the preceding articles SLIGHT PHYSICAL INJURIES: (266) 3 Kinds: 1. 2. slapping but without causing dishonor) RAPE (ART 355) The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3 Elements: Rape is committed 1. his penis into another person’s mouth or anal orifice. shall commit an ac of sexual assault by inserting 1. foot. common law spouse of parent of victim 3. Injured person becomes insane. homicide is committed 2. In case it is the legal husband who is the offender. becomes incapacitated for the work in which he had been habitually engaged 3. committed in full view of the spouse. guardian 5. lopping. Black-eye) 3. loses any other member of his body 3. parent 2.2. or 2. Intentionally making another mutilation. loses an eye. By any person who. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 1. even though none of the circumstances mentioned above be present 5.