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CRIME

ELEMENTS

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247

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249

PARRICIDE

Death/PI inflicted under


EXCEPTIONAL CIRCUMSTANCES

MURDER

HOMICIDE

The FATHER/MOTHER,

1)

CHID (legit/illegit),
ASCENDANT (legit)
DESCENDANT
(legit) of the
accused is killed.
ADOPTED
child/parent

2)
3)

In-LAWs

Relationship must
be alleged
Knowledge of
relshp is not
required.

A legally MARRIED person or


PARENT SURPRISES his
SPOUSE/DAUGHTER (under 18 &
living w/ him) in the act of
committing sexual intercourse w/
another person;
He/she KILLS any/both of them; or
inflicts SERIOUS PI in the act or
immediately thereafter, and
He has NOT promoted/facilitated
prostitution of his wife/daughter or
that he has NOT consented to the
infidelity of others.

preparatory acts

Unlawful KILLING of any person w/c is


NOT Parricide/Infanticide w/ the ff QCs:
a) Treachery; Superior Strength; w/ the
aid of Armed Men; or employs means
to Weaken the defense; or
Means/Persons to Insure/afford
Impunity;
b) In consideration of a
Price/Reward/Promise;
c) By means of Inundation, fire, poison,
shipwreck, stranding of a vessel,
derailment, assault upon a railroad,
fall of an airship, be means of motor
vehicles, or w/ the use of any other
means involving great waste/ruin;
d) On occasion of calamities in (c), or of
an earthquake, eruption of a
volcano, destructive cyclone,
epidemic, or any other public
calamity;
e) Evident premeditation
f)
Cruelty, by deliberately & inhumanly
augmenting the suffering of the
victim, or outraging/scoffing at his
person/corpse.
g) Under the influence of DRUGS;
h) By use of UNLICENSED firearm
Treachery & EP are inherent in Murder by
Poison, but the use of poison is not
inherent in murder. It only becomes
inherent if there is an INTENT to KILL and
the poison is used as a MEANS to kill
Outraging physical act; to commit an
extremely vicious or insulting act
Scoffing verbal act; to jeer

Parent need NOT be legitimate


Daughter must be SINGLE.
If Less Serious/Slight PI NO

liability
rd
If innocent 3 persons are hurt

Reckless Imprudence
In all crimes against PERSONS in w/c DEATH of the victim is an element, there must be satisfactory evidence of
1) The fact of DEATH; and
2) The victims IDENTITY.

1)
2)
3)
4)

A person is killed
by the accused w/o any
JC
who had the INTENT to
KILL (presumed)
not attended by any of
the QCs of Murder,
Parricide & Infanticide

There is no such crime as


Frustrated Homicide thru
Reckless Imprudence (PI only)

251

252

DEATH caused in a TUMULTUOUS AFFRAY

PHYSICAL INJURIES inflicted in a TUMULTUOUS AFFRAY

1)
2)
3)
4)

There are SEVERAL (more than 2 but not very many) persons;
They did NOT compose groups organized for the common purpose of
assaulting & attacking each other reciprocally (otherwise they may be held
liable as co-conspirators)
They QUARRELLED & assaulted one another in a CONFUSED & TUMULTUOS
(at least 4 persons who are armed/ provided w/ means of violence);
Someone (not necessarily a participant) was killed in the course of the
affray;

1)
2)
3)
4)

There is a tumultuous affray;


That a PARTICIPANT/s thereof suffer/s S/LS PI
The person responsible therefor CANNOT be identified;
All those who APPEAR to have used VIOLENCE upon the person of the
offended party are KNOWN.

5) It CANNOT be ascertained who actually killed the deceased;


6) Person/s who inflicted SPI or used VIOLENCE can be IDENTIFIED.
When the quarrel is bet a distinct group of indivs, one of whom was sufficiently
IDENTIFIED as the principal author of the killing, as against a common particular
victimHomicide

Injured victim must be a participant


Only those who used violence are punished, because of the one who caused
the PI is known, he will be liable for the PI actually committed.

253 - Giving ASSISTANCE to SUICIDE


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.
Relationship to the person trying to commit suicide is immaterial.
Euthanasia/Mercy-killing a practice of painlessly putting to death a person suffering from an incurable disease.
Offender is liable for Murder if he did the killing himself
The person killed did NOT want to die.
254 DISCHARGE OF FIREARMS
1) Offender discharges a firearm AGAINST another person;
2) He has NO intention to kill that person.
Purpose: is merely to intimidate/frighten
n/a to police officers in the perf of their duties

If the offended party is hit & wounded Complex Crime of Discharge of Firearm w/ Serious PI
But if only Slight PI were inflicted2 Separate crimes
even if the gun was not pointed at the offended party when it ws fired, as long as it was INITIALLY aimed by the accused at/against him.
If firearm was NOT aimed against/at another personAlarms & Scandals
No offense for Illegal Discharge of Firearm thru Imprudence

255
INFANTICIDE

256
INTENTIONAL ABORTION

The killing of any child


LESS than 3 Days old,
whether the killer is a
relative or a stranger.
A Child less than 3 days
(72hrs) old is killed by
the accused.

The willful killing of the FETUS in the


UTERUS or the VIOLENT EXPULSION of
the fetus from the maternal womb w/c
results to its death.
VIOLENCE is exerted or
DRUGS/beverages administered or the
accused acts upon a PREGNANT
woman, and as a result, the Fetus dies,
either in the womb or after having been
expelled therefrom, the abortion having
been INTENDED.

257
UNINTENTIONAL ABORTION

258
ABORTION Practiced by the
Woman Herself or her
Parents

259
ABORTION Practiced by
a PHYSICIAN/MIDWIFE in
Dispensing Abortives

VIOLENCE is intentionally used upon a


pregnant woman W/O intending abortion
and as a result, the fetus dies either in
the womb or after having been expelled
therefrom.

Pregnant woman intentionally


suffers an abortion caused by:
a) the pregnant woman
HERSELF;
b) any other person, w/
her CONSENT;
c) any of her PARENTS,
w her CONSENT, for
the purposes of
concealing her
dishonor

As to PHYSICIAN/MIDWIFE:
By taking adv of his
scientific knowledge/skill,
causes or assists in causing
the intended abortion of a
pregnant woman.
n/a if abortion was NOT
intended or was a
result of a mistake
if the woman was not
really
pregnantImpossible
Crime
As to PHARMACISTS:
By DISPENSING abortives
w/o proper prescription.

ACTS:
if the child has been
1. Using any VIOLENCE upon the
dead or although born
person of the PREGNANT woman;
alive, it could NOT
2. Acting w/o using violence and w/o
sustain an independent
consent of the woman by
life when it was killed.
administering DRUGS/beverages
Treachery is inherent
upon such woman w/o her consent;
in infanticide.
3. Acting, w/ the CONSENT of the
pregnant woman, by administering
DRUGS/beverages.

MC only if the (1)


Mother is unmarried
and of good moral
character (not a
delinquent/prostitute)
AND the (2) Maternal
Grandparent are
entitled to MC for
concealing dishonor

Persons Liable:
1. The person who intentionally
caused the abortion;
2. The pregnant woman if she
consented under Art 258.
As long as fetus dies as a result of
VIOLENCE/DRUGS, it is Abortion
even if fetus is more or less
6months, or full term
If fetus could sustain an
INDEPENDENT LIFE (have had
intrauterine life of at least 7

If intent to cause abortion is not


sufficiently established when the
accused killed his wifeComplex
Crime of Parricide w/
Unintentional Abortion
If grave threats were made to cause
abortionComplex Crime of
Grave Threats w/ Intentional
Abortion
If light threats were made2
SEPARATE crimes of Light Threats

In b), the woman is liable


for 258 while the 3rd
person is liable under 256
Intentional Abortion
If the purpose is other
than to conceal the
dishonor of the woman,
abortion by any of her
parents is Intentional
Abortion
Liability of pregnant
woman is MITIGATED if her
purpose is to conceal her
dishonor, but NO
MITIGATION for PARENTS
(unlike in Infanticide).

Consummated by
dispensing abortive w/o
prescription
Immaterial that the
pharmacist knows that
the abortive would be
used for abortion.
otherwiseAccomplic
e to Abortion

months) AFTER its separation form


the wombInfanticide
Fetus must have died, if not
Frustrated Intentional
Abortion
If abortion is NOT intended & fetus
NOT die PI
If there is NO intent to cause
abortion & NO violenceno
abortion of any kind.

and Intentional Abortion


There is NO crime of Parricide w/
Abortion

260
Responsibility of Participants in a Duel
1. KILLING ones adversary in a DUEL;
2. INFLICTING upon ones adversary PI;
3. MAKING a COMBAT although no PI have been inflicted
Persons Liable:
1) Person who KILLED/INFLICTED PI upon his adversary or BOTH Combatants in
any other case [principals];
2) Seconds [accomplices].
Duel a formal/regular combat previously concerted bet 2 parties in the presence of
2 or more seconds of lawful age on each side, who make selection of arms and fix all
other conditions of the fight

SD cannot be invoked if there was a pre-concerted agreement to fight unless


the attack was made by the accused against his opponent BEFORE the appointed
place & time.
If DEATH results the penalty is the same for Homicide

261
CHALLENGING TO A DUEL
1. CHALLENGING to a duel (NOT merely to fight);
2. INCITING another to GIVE/ACCEPT a challenge to a duel;
3. SCOFFING/DECRYING another PUBLICLY for having refused to accept a
challenge to fight a duel.
Persons Liable:
1. Challenger
2. Instigator

PHYSICAL INJURIES
262
MUTILATION
1. CASTRATION intentionally
mutilating another by depriving
him totally/partially of some
essential organ for reproduction
There is mutilation of
reproductive organ/s
Caused purposely &
deliberately to deprive the vic
of some reproductive organ
Cutting off the organ or part
is NOT necessary. It suffices
that it is rendered useless.
2. MAYHEM intentionally making
other mutilation by LOPPING OFF/
clipping off any part of the vics
body, other than the reproductive
organ, to deprive him of that body
part.

The law looks not only to the


Result, but also to the
INTENTION/PURPOSE of the act.
Mutilation is always intentional.
The INTENTION TO DEPRIVE the vic
of the body part is essential.

263
264
SERIOUS PI
ADMINISTERING
1. By WOUNDING
Injurious
2. BEATING
Substance/Beverag
3. ASSAULTING
es
4. ADMINISTERING Injurious substance
When the victim:
O inflicted upon
a) Becomes INSANE, IMBECILE, IMPOTENT (or
another SPI by
sterile), or totally BLIND;
KNOWINGLY
b) ..
administering to
i.
Loses the use of SPEECH, the power to HEAR,
him injurious
or to SMELL, or and EYE, a HAND, a FOOT, an
substance or
ARM or a LEG;
beverages or by
ii.
Loses the USE of any such member
taking adv of his
(principal);
weakness of mind
iii.
Becomes INCAPACITATED for the work he was
& credulity, without
HABITUALLY engaged (vic must have work at
intent to kill.
the time of injury).
c)
If there was
i.
becomes DEFORMED; or
INTENT to
ii.
loses any OTHER member of the body (not
KILLFrustrate
principal), or the USE thereof
d Murder
iii.
becomes ILL/INCAP for the perf of his
N/A when PI that
HABITUAL work for 90 days
resulted are
d) becomes ILL/INCAP for LABOR from 30-90
LESS S/Slight
days

Considered a FORMAL CRIME since it is based


on the gravity of the injuries inflicted.
There must be NO intent to kill.
Where the category of the offense of SPI
depends on the period of illness/incap for labor,
there must be evidence of that length of period,

265
LESS SERIOUS PI
1)

2)

266
SLIGHT PI

Vic is INCAP for


1)PI w/c incapacitated the
LABOR for 10-30
vic for 1-9 Days or
Days, or NEEDS
required med
attendance for the
attendance during the
same pd;
same pd, or combo of
PI must NOT be
the 2;
those describe in
2)PI did NOT prevent the
the preceding arts.
vic from engaging in
his HABITUAL work, or
Includes:
did NOT require med
attendance;
a) Inability to work
3)Ill-treatment of another
b) Necessity for
by deed w/o causing
medical
any injury.
attendance
although the
When there is NO
wound required
evidence of actual
med. Attendance
injury
for only 2 days, yet
Supervening event
if the vic was
prevented from
converting crime into
doing ordinary labor
SPI after filing the
for 29 days
info for Slight PI can
In ABSENCE of proof
still be the subj of a
NEW CHARGE;
of the vics incap
If PI were w/ INTENT to
for labor or of the
required med
INSULT/HUMILIATEco
attendanceSlight
nsidered as and act of
PI
IGNOMINY in SPI
Separate crime of
Slander by Deed in
case of Slight PI.

CRUELTY is inherent in Mutilation


If victim diesMurder qualified
by Cruelty but O may still claim
that he had no intention to commit
so grave a wrong.

otherwiseSlight PI
May be committed thru Reckless Imprudence,
Simple Imprudence or Negligence
Lessening of efficiency due to injury is NOT
incap
Work includes study

Requisites for DEFORMITY


1) Physical ugliness
2) Permanent & definite abnormality
3) Conspicuous & visible
QCs:
1) If committed against persons in Parricide;
2) w/ attendance of Circ w/c qualify the crime to
murder
n/a to parents against their children by Excessive
Chastisement.

RAPE
TRADITIONAL RAPE 335
By a MAN who shall have carnal
knowledge of a woman under the ff
circumstances:
a) thru
FORCE/THREAT/INTIMIDATIO
N;
b) When the vic is DEPRIVED of
REASON or otherwise
UNCONSCIOUS;
c) By means of FRAUDULENT
MACHINATIONS or GRAVE
ABUSE of AUTHORITY
d) When the vic is 12y/o or
DEMENTED

12 y/o means not only


chronological age, but also

SEXUAL ASSAULT (RA 8353)


QUALIFIED RAPE (266-B)
By ANY PERSON who commits an act of sexual assault by: 1. When committed:
a) INSERTING his PENIS into another persons
a) w/ the use of a DEADLY WEAPON; or
MOUTH or ANUS;
b) by 2 or more persons;
b) INSERTING any INSTRUMENT/OBJECT into the
2. By reason/occasion of the rape, vic has become INSANE;
GENITAL/ANUS of another person, under a)-d) of 3. Attempted Rape w/ Homicide is committed by reason of or on occasion
335
(Special Complex Crime)
4. Rape w/ Homicide
5. Vic us 18 and Offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity/affinity w/in 3rd Civil Deg or the common law
spouse of the parent.

Info must state the EXACT AGE at the time of Rape.


Step-daughter/father relshp presupposes a legitimate relshp bet
the vics mother and the offender.
6. Vic was under the CUSTODY of the POLICE/MILITARY authorities or any
LAW ENFORCEMENT /PENAL INST;
7. Committed in FULL VIEW of the Spouse, parent, child, relative w/in the 3 rd
civil deg of Consanguinity
8. Vic is a RELIGIOUS engaged in legit religious vocation and is PERSONALLY
KNOWN to be such by the O before, or at the time of the rape;
9. Vic is 7y/o
10. O KNOWS he has HIV/AIDS or any other STD and is TRANSMITTED to the
vic;
11. Committed by any member of the AFP/para-military units thereof, of the
PNP or any Law-enforcement agency/penal inst, when the O took adv of
his position to facilitate the rape
12. By reason/occasion, victim suffered PERMANENT PHYSICAL
MUTILATION/DISABILITY;
13. O KNEW of the PREGNANCY of the vic at the time of rape
14. O KNEW of vics MENTAL/EMOTIONAL DISORDER, PHYS DISABILITY
Vic may be male/female
When Homicide is committed NOT by reason or on occasion of
O may be male/female
Rape, it may be considered as IGNOMINY.

mental age
O must NOT have known that
the vic is demented,
otherwiseQualified Rape

Partial penetration is sufficient to consummate.


Absent showing of the slightest
penetrationAttempted Rape or Acts of
Lasciviousness
Statutory Rape
even though there is CONSENT, or the girl is a
prostitute
even though girl is 12 but mind is 12
even though O did NOT know girls exact age.
Resignation to consummated act is NOT consent
Force employed only be sufficient to consummate the
crime
Sex w/ a Deaf-Mute is NOT rape she is an imbecile
no rape if drug/liquor is used to induce vics consent
so as to incite her to passion but did not deprive her of
her will power
Rape Shield Rule Character of a woman is immaterial in
rape.

266-C: Effect of PARDON


1. The SUBSEQUENT valid MARRIAGE bet O & the Vic shall extinguish the:
a) CRIMINAL ACTION;
b) PENALTY already imposed.
BUT only as to the PRINCIPAL Accomplices & Accessories
2. The SUBSEQUENT FORGIVENESS of the WIFE to the LEGAL H shall extinguish a) & b) unless the M is void and only as to the H Accomplice & Accessories
RA 8353: A Husband may now be guilty of rape.
266-D: Presumptions:
Evidence w/c may be used by the Prosecution:
1. Any PHYSICAL OVERT ACT manifesting RESISTANCE against the act of Rape in ANY DEGREE of the vic;
2. Where vic is so situated as to render him/her INCAPABLE of GIVING CONSENT.