You are on page 1of 8

ART 246.

Parricide is committed when a person kills his or her father, mother, child
(legitimate or illegitimate), ascendant, descendant or spouse (legitimate).


ART 247. The requisites for the death or physical injuries under exceptional cir-
cum-stances are:

1. PERSON: that a legally married spouse or parent of a minor daughter who

still lives with him or her, is surprisingly caught in the act of committing
sexual intercourse with another person;
2. ACT: that he or she kills or commits serious physical injuries to either one of
them or both in the act or immediately thereafter; and
3. EXEMPTION: that he did not facilitate prostitution of his wife or daughter or
consent to his or her spouse’s infidelity.

ART 248. Murder is the unlawful killing of any person which is not parricide or
infanticide, provided that any of qualifying circumstances is present:

1.treachery, strength, armed men, weaken, or insure impunity

2. p-r-p : price, reward, or promise
3. i-f-p-e-s-a-f-m-igur : inundation, fire, poison, explosion, stranding of a
vessel, assault on a railroad, fall of an airship, means of a motor vehicles, or
means involving great waste or ruin
4.calamities e3dc2: earthquake, eruption, epidemic, destructive cyclone or
other public calamity
5.evident premeditation
6.cruelty, augmenting suffering, outraging / scoffing at person or corpse

ART 249. Homicide is the unlawful killing of any person, which is neither
parricide, murder nor infanticide.
ART 250.The penalty for frustrated parricide, murder, or homicide is two
degrees lower and one degree lower for attempted attempted parricide,
murder or homicide.

ART 251. The elements of death caused in a tumultuous affray are the
1. several persons
2. not composing of groups organized for the common purpose of assaulting
and attacking each other reciprocally
3. quarreled and assaulted one another in a confused and tumultuous
4. someone was killed in the course of the affray
5. it cannot be ascertained who actually killed the deceased
6. person or persons who inflicted serious physical injuries or who used
violence can be identified.

Who are liable for death in tumultuous affray:

1. the person or person who inflicted the serious physical injuries are liable
2. it is not known who inflicted the serious physical injuries on the deceased,
all the persons who used violence upon the person of the victim are liable,
but with lesser liability.

The person killed in the course of the affray need not be one of the
participants in the affray.

ART 252. The elements of physical injuries inflicted in a tumultuous affray are
the following:
1. several persons, not composing of groups organized for the common
purpose of assaulting and attacking each other reciprocally, quarreled and
assaulted one another in a confused and tumultuous manner
2. a participant or some participants thereof suffer serious physical injuries
or physical injuries if a less serious nature only
3. the person responsible therefor cannot be identified
4. all those who appear to have used violence upon the person of the
offended party are known.

ART 253: Any person who shall assist another to commit suicide:
1. whether the suicide is consummated or not (mode 1)
2. to the extent of doing the killing himself (mode 2)

ART 254. Any person who shall shoot another with any firearm with no intention
to kill that person.

ART 255. Infanticide is the killing of any child less than three days of age, whether
the killer is the parent or grandparent, any other relative of the child or stranger.

ART 256. The elements of intentional abortion:

1. that there is a pregnant woman;
2. that violence is exerted, or drugs or beverage administered, or that the
accused otherwise acts upon such pregnant woman;
3. that as a result, the fetus dies, either in the womb or after having been
expelled therefrom; and
4. abortion is intended.

Ways of committing intentional abortion:

1. by using violence upon the person of the pregnant woman (mode 1)
2. by acting, without violence, without consent of pregnant woman (mode 2)
3. by acting, with the consent of the pregnant woman (mode 3)

ART 257. The elements of unintentional abortion:

1. that there is a pregnant woman;
2. that violence is used without intending an abortion;
3. that violence is intentionally exerted; and
4. the fetus dies.

ART 258. The elements of abortion by the woman herself or by her parents are
the following:
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 –
a. the pregnant woman herself (mode 1);
b. any other person, with her consent (mode 2); or
c. any of her parents, with her consent for the purpose of concealing her
dishonor (mode 3).

ART 259. Any physician or midwife, who taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription, from a physician, shall
dispense any abortive.

ART 260. The following acts are punished in a duel:

1. killing one’s adversary
2. inflicting physical injuries upon such adversary
3. making combat although no injuries have been inflicted

Who are liable in a duel:

1. the person who killed or inflicted or inflicted physical injuries, as principals
2. the seconds, as accomplices

ART 261. The following acts are punished:

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 responsible under Art 261 are:

1. challenger; and
2. instigator

ART 262. Mutilation is the intentional lopping or the clipping off of:
Mode 1: an essential organ for reproduction (totally or partially).
Mode 2: any other part of the body to deliberately deprive a person of that
part of his body.

Elements of mutilation of the first kind:

1. mutilation of organs necessary for reproduction
2. mutilation is caused intentionally to deprive the offended party of some
essential organ reproduction

ART 263. Any person who shall wound, beat, assault or administer injurious
substance to another shall be guilty of the crime of serious physical injuries.

Note: there must be no intent to kill. Otherwise, the crime would be frustrated or
attempted murder, parricide, or homicide.

Par 1 : injured person becomes i-i-i-b (insane, imbecile, impotent or blind)

Par 2: injured person loses s2-h2-e-f-a-l (speech, smell, hear, hand, eye, foot,
arm, leg );or
loses use of any such member; or
incapacitated to work in which he was habitually engaged in.
Par 3: injured person becomes deformed; or
Loses any other member of his body; or
Loses the use thereof; or
Becomes ill or incapacitated to work for more than 90 days in a job he was
habitually engaged

Par 4: becomes ill or incapacitated for labor for more than 30 days

ART 264. Any person who, without intent to kill, shall inflict upon another any
serious physical injury, by knowingly administering to him any injurious substances
or beverages or by taking advantage of his weakness of mind or credulity.

ART 265. Any person who shall inflict upon another physical injuries not described
in the preceding articles, but which shall incapacitate the offended party for labor
for ten days or more, or shall require medical attendance for the same period,
shall be guilty of less physical injuries.

*10 days of incapacity from labor or medical attendance

Qualified less serious physical injuries:

Mode 1: there is manifest intent to insult or offend the injured person
Circumstance adding ignominy to the offense

ART 266. Three kinds of slight physical injuries:

1. incapacitated the offended party for labor or injury needing medical
attendance form 1 – 9 days
2. physical injuries which did not prevent the offended party from engaging in
his habitual work or which did not require medical attendance
3. ill-treatment of another by deed without causing any injury

ART 266A. Rape is committed when:

Mode 1: Rape by sexual intercourse

a man shall have carnal knowledge of a woman under the following


a) through f-i-t (force, intimidation, threat)

b) offended party is d-u (deprived of reason or is unconscious)
c) m –a (fraudulent machination or grave abuse of authority)
d) d- 12 (demented or under 12 years old)


Mode 2: Rape through sexual assault

inserting penis to mouth or anal orifice

Inserting instrument or object into genital or anal orifice of another

ART 266-B. Aggravating/qualifying circumstance:

1. MINOR below 12: minor – offender is p-a-g-r-c (parent, ascendant,
guardian, relative 3rd degree, common law spouse)
2. CUSTODY: custody of authorities or any law enforcement or penal
3. FULL VIEW: of family
4. RELIGIOUS: vocation and is known to be such by the offender before or at
the time
5. MINOR below 7
7. MEMBER of AFP, PNP, law enforcement agency or penal institution
9. PREGNANT, offender knew during the time of commission

ART 266-C. Effect of Pardon.

1. subsequent marriage between the offender and the offended party

2. subsequent forgiveness by the legal wife