Professional Documents
Culture Documents
AGAINST
PERSONS
Chapter
One:
DESTRUCTION
OF
LIFE
Section
One
–
Parricide,
murder,
homicide.
Art.
246.
Parricide
–
Any
person
who
shall
kill
his
father,
mother,
or
child,
Elements:
whether
legitimate
or
illegitimate,
or
any
of
his
ascendants,
or
1. That
a
person
is
killed.
descendants,
or
his
spouse,
shall
be
guilty
of
parricide
and
shall
be
2. That
the
deceased
is
killed
by
the
accused.
punished
by
the
penalty
of
reclusion
perpetua
to
death.
3. 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.
Art.
247.
Death
or
physical
injuries
inflicted
under
exceptional
Requisites:
circumstances
–
Any
legally
married
person
who,
having
surprised
his
1. That
a
legally
married
person
or
a
parent
surprises
his
spouse
or
spouse
in
the
act
of
committing
sexual
intercourse
with
another
person,
his
daughter,
the
latter
under
18
years
of
age
and
living
with
shall
kill
any
or
both
of
them
in
the
act
or
immediately
thereafter,
or
shall
him,
in
the
act
of
committing
sexual
intercourse
with
another
inflict
upon
them
any
serious
physical
injury,
shall
suffer
the
penalty
of
person.
destierro.
2. That
he
or
she
kills
any
or
both,
of
them
or
inflicts
upon
any
or
If
he
shall
inflict
upon
them
physical
injuries
of
any
other
kind,
he
shall
be
both
of
them
any
serious
physical
injury
in
the
act
or
exempt
from
punishment.
immediately
thereafter.
These
rules
shall
be
applicable,
under
the
same
circumstances,
to
parents,
3. That
he
has
not
promoted
or
facilitated
the
prostitution
of
his
with
respect
to
their
daughters
under
eighteen
years
of
age,
and
their
wife
or
daughter,
or
that
he
or
she
has
not
consented
to
the
seducer,
while
the
daughters
are
living
with
their
parents.
infidelity
of
the
other
spouse.
Any
person
who
shall
promote
or
facilitate
the
prostitution
of
his
wife
or
daughter,
or
shall
otherwise
have
consented
to
the
infidelity
of
the
other
spouse
shall
not
be
entitled
to
the
benefits
of
this
article.
Art.
248.
Murder
–
Any
person
who,
not
falling
within
the
provisions
of
Elements:
Article
246,
shall
kill
another,
shall
be
guilty
of
murder
and
shall
be
1. That
a
person
was
killed.
punished
by
reclusion
perpetua,
to
death,
if
committed
with
any
of
the
2. That
the
accused
killed
him.
following
attendant
circumstances:
3. That
the
killing
was
attended
by
any
of
the
qualifying
1. With
treachery,
taking
advantage
of
superior
strength,
with
the
circumstances
mentioned
in
Article
248.
aid
of
armed
men,
or
employing
means
to
weaken
the
defense,
4. The
killing
is
not
parricide
or
infanticide.
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
railroad,
fall
of
an
airship,
by
means
of
motor
vehicles,
or
with
the
use
of
any
other
means
involving
great
waste
and
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
inhumanly
augmenting
the
suffering
of
the
victim,
or
outraging
or
scoffing
at
his
person
or
corpse.
Art.
249.
Homicide
–
Any
person
who,
not
falling
within
the
provisions
of
Elements:
Article
246,
shall
kill
another
without
the
attendance
of
any
of
the
1. That
a
person
was
killed;
circumstances
enumerated
in
the
next
preceding
article,
shall
be
deemed
2. That
the
accused
killed
him
without
any
justifying
guilty
of
homicide
and
be
punished
by
reclusion
temporal.
circumstance;
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.
Art.
250.
Penalty
for
frustrated
parricide,
murder,
or
homicide
–
The
courts,
in
view
of
the
facts
of
the
case,
may
impose
upon
the
person
guilty
of
the
frustrated
crime
of
parricide,
murder
or
homicide,
defined
and
penalized
in
the
preceding
articles,
a
penalty
lower
by
one
degree
than
that
which
should
be
imposed
under
the
provisions
of
Article
50.
The
courts,
considering
the
facts
of
the
case,
may
likewise
reduce
by
one
degree
the
penalty
which
under
Article
51
should
be
imposed
for
an
attempt
to
commit
any
of
such
crimes.
Art.
251.
Death
caused
in
a
tumultuous
affray
–
When,
while
several
persons,
Elements:
not
composing
groups
organized
for
the
common
purpose
of
assaulting
and
1. That
there
be
several
persons.
attacking
each
other
reciprocally,
quarrel
and
assault
each
other
in
a
2. That
they
did
not
compose
groups
organized
for
the
common
confused
and
tumultuous
manner,
and
in
the
course
of
the
affray
someone
is
purpose
of
assaulting
and
attacking
each
other
reciprocally.
killed,
and
it
cannot
be
ascertained
who
actually
killed
the
deceased,
but
the
3. That
these
several
persons
quarreled
and
assaulted
one
another
person
or
persons
who
inflicted
serious
physical
injuries
can
be
identified,
in
a
confused
and
tumultuous
manner.
such
person
or
persons
shall
be
punished
by
prision
mayor.
4. That
someone
was
killed
in
the
course
of
the
affray.
If
it
cannot
be
determined
who
inflicted
the
serious
physical
injuries
on
the
5. That
it
cannot
be
ascertained
who
actually
killed
the
deceased.
deceased,
the
penalty
of
prision
correccional
in
its
medium
and
maximum
6. That
the
person
or
persons
who
inflicted
serious
physical
periods
shall
be
imposed
upon
all
those
who
shall
have
used
violence
upon
injuries
or
who
used
violence
can
be
identified.
the
person
of
the
victim.
Art.
252.
Physical
injuries
inflicted
in
a
tumultuous
affray
–
When
in
a
Elements:
tumultuous
affray
as
referred
to
in
the
preceding
article,
only
serious
1. That
there
is
a
tumultuous
affray
as
referred
to
in
the
preceding
physical
injuries
are
inflicted
upon
the
participants
thereof
and
the
person
article.
responsible
therefor
cannot
be
identified,
all
those
who
appear
to
have
2. That
a
participant
or
some
participants
thereof
suffered
serious
used
violence
upon
the
person
of
the
offended
party
shall
suffer
the
physical
injuries
or
physical
injuries
of
a
less
serious
nature
only.
penalty
next
lower
in
degree
than
that
provided
for
the
physical
injuries
so
3. That
the
person
responsible
therefor
cannot
be
identified.
inflicted.
4. That
all
those
who
appear
to
have
used
violence
upon
the
When
the
physical
injuries
inflicted
are
of
a
less
serious
nature
and
the
person
of
the
offended
party
are
known.
person
responsible
therefor
cannot
be
identified,
all
those
who
appear
to
have
used
any
violence
upon
the
person
of
the
offended
party
shall
be
punished
by
arresto
mayor
from
five
to
fifteen
days.
Art.
253.
Giving
assistance
to
suicide
–
Any
person
who
shall
assist
another
Acts
punishable
as
giving
assistance
to
suicide:
to
commit
suicide
shall
suffer
the
penalty
of
prision
mayor,
if
such
person
1. By
assisting
another
to
commit
suicide,
whether
the
suicide
is
lends
his
assistance
to
another
to
the
extent
of
doing
the
killing
himself,
he
consummated
or
not.
shall
suffer
the
penalty
of
reclusion
temporal.
However,
if
the
suicide
is
not
2. By
lending
his
assistance
to
another
to
commit
suicide
to
the
consummated,
the
penalty
of
arresto
mayor
in
its
medium
and
maximum
extent
of
doing
the
killing
himself.
periods
shall
be
imposed.
Art.
254.
Discharge
of
firearms
–
Any
person
who
shall
shoot
at
another
Elements:
with
any
firearm
shall
suffer
the
penalty
of
prision
correccional
in
its
1. That
the
offender
discharges
a
firearm
against
or
at
another
minimum
and
medium
periods,
unless
the
facts
of
the
case
are
such
that
person.
the
act
can
be
held
to
constitute
frustrated
or
attempted
parricide,
murder,
2. That
the
offender
has
no
intention
to
kill
that
person.
homicide,
or
any
other
crime
for
which
a
higher
penalty
is
prescribed
by
any
of
the
articles
of
this
Code.
Section
Two
–
Infanticide
and
abortion.
Art.
255.
Infanticide
–
The
penalty
provided
for
parricide
in
Article
246
Elements:
and
for
murder
in
Article
248
shall
be
imposed
upon
any
person
who
shall
1. That
a
child
was
killed.
kill
any
child
less
than
three
days
of
age.
2. That
the
deceased
child
was
less
than
three
days
(72
hours)
of
If
the
crime
penalized
in
this
article
be
committed
by
the
mother
of
the
age.
child
for
the
purpose
of
concealing
her
dishonor,
she
shall
suffer
the
3. That
the
accused
killed
the
said
child.
penalty
of
prision
mayor
in
its
medium
and
maximum
periods,
and
if
said
crime
be
committed
for
the
same
purpose
by
the
maternal
grandparents
or
either
of
them,
the
penalty
shall
be
reclusion
temporal.
Art.
256.
Intentional
abortion
–
Any
person
who
shall
intentionally
cause
Elements:
an
abortion
shall
suffer:
1. That
there
is
a
pregnant
woman;
1. The
penalty
of
reclusion
temporal,
if
he
shall
use
any
violence
2. That
violence
is
exerted,
or
drugs
or
beverages
administered,
or
upon
the
person
of
the
pregnant
woman.
that
the
accused
otherwise
acts
upon
such
pregnant
woman;
2. The
penalty
of
prision
mayor,
if,
without
using
violence,
he
shall
3. That
as
a
result
of
the
use
of
violence
or
drugs
or
beverages
act
without
the
consent
of
the
woman.
upon
her,
or
any
other
act
of
the
accused,
the
foetus
dies,
either
3. The
penalty
of
prision
correccional
in
its
medium
and
maximum
in
the
womb
or
after
having
been
expelled
therefrom;
periods,
if
the
woman
shall
have
consented.
4. That
the
abortion
is
intended.
Ways
of
committing
intentional
abortion:
1. By
using
any
violence
upon
the
person
of
the
pregnant
woman.
2. By
acting,
but
without
using
violence,
without
the
consent
of
the
woman.
3. By
acting,
with
the
consent
of
the
pregnant
woman.
Art.
257.
Unintentional
abortion
–
The
penalty
of
prision
correccional
in
its
Elements:
minimum
and
medium
periods
shall
be
imposed
upon
any
person
who
1. That
there
is
a
pregnant
woman.
shall
cause
an
abortion
by
violence,
but
unintentionally.
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
the
foetus
dies,
either
in
the
womb
or
after
having
been
expelled
therefrom.
Art.
258.
Abortion
practiced
by
the
woman
herself
or
by
her
parents
–
The
Elements:
penalty
of
prision
correccional
in
its
medium
and
maximum
periods
shall
1. That
there
is
a
pregnant
woman
who
suffered
an
abortion.
be
imposed
upon
a
woman
who
shall
practice
an
abortion
upon
herself
or
2. That
the
abortion
is
intended.
shall
consent
that
any
other
person
should
do
so.
3. That
the
abortion
is
caused
by
—
Any
woman
who
shall
commit
this
offense
to
conceal
her
dishonor
shall
a. The
pregnant
woman
herself;
suffer
the
penalty
of
prision
correccional
in
its
minimum
and
medium
b. Any
other
person,
with
her
consent;
or
periods.
c. Any
of
her
parents,
with
her
consent
for
the
purpose
If
this
crime
be
committed
by
the
parents
of
the
pregnant
woman
or
either
of
concealing
her
dishonor.
of
them,
and
they
act
with
the
consent
of
said
woman
for
the
purpose
of
concealing
her
dishonor,
the
offenders
shall
suffer
the
penalty
of
prision
correccional
in
its
medium
and
maximum
periods.
Art.
259.
Abortion
practiced
by
a
physician
or
midwife
and
dispensing
of
Elements:
abortives
–
The
penalties
provided
in
Article
256
shall
be
imposed
in
their
1. That
there
is
a
pregnant
woman
who
has
suffered
an
abortion.
maximum
period,
respectively,
upon
any
physician
or
midwife
who,
taking
2. That
the
abortion
was
intended.
advantage
of
their
scientific
knowledge
or
skill,
shall
cause
an
abortion
or
3. That
the
offender,
who
must
be
a
physician
or
midwife,
causes,
assist
in
causing
the
same.
or
assists
in
causing,
the
abortion.
Any
pharmacist
who,
without
the
proper
prescription
from
a
physician,
4. That
said
physician
or
midwife
takes
advantage
of
his
or
her
shall
dispense
any
abortive
shall
suffer
arresto
mayor
and
a
fine
not
scientific
knowledge
or
skill.
exceeding
1,000
pesos.
As
to
the
pharmacists,
the
elements
are:
1. That
the
offender
is
a
pharmacist.
2. That
there
is
no
proper
prescription
from
a
physician.
3. That
the
offender
dispenses
any
abortive.
Section
Three
–
Duel
Art.
260.
Responsibility
of
participants
in
a
duel
–
The
penalty
of
reclusion
Acts
punished
in
duel:
temporal
shall
be
imposed
upon
any
person
who
shall
kill
his
adversary
in
1. By
killing
the
one’s
adversary
in
duel.
a
duel.
2. By
killing
upon
such
adversary
physical
injuries.
If
he
shall
inflict
upon
the
latter
physical
injuries
only,
he
shall
suffer
the
3. By
making
a
combat
although
no
physical
injuries
have
been
penalty
provided
therefor,
according
to
their
nature.
inflicted.
In
any
other
case,
the
combatants
shall
suffer
the
penalty
of
arresto
mayor,
although
no
physical
injuries
have
been
inflicted.
Who
are
liable
in
duel:
The
seconds
in
all
events
be
punished
as
accomplices.
1. The
person
who
killed
or
inflicted
physical
injuries
upon
his
adversary,
or
both
combatants
in
any
other
case,
as
principals.
2. The
seconds,
as
accomplices.
Art.
261.
Challenging
to
a
duel
–
The
penalty
of
prision
correccional
in
its
Acts
punished
under
Article
261:
minimum
period
shall
be
imposed
upon
any
person
who
shall
challenge
1. By
challenging
another
to
a
duel.
another,
or
incite
another
to
give
or
accept
a
challenge
to
a
duel,
or
shall
2. By
inciting
another
to
give
or
accept
a
challenge
to
a
duel.
scoff
at
or
decry
another
publicly
for
having
refused
to
accept
a
challenge
3. By
scoffing
at
or
decrying
another
publicly
for
having
refused
to
to
fight
a
duel.
accept
a
challenge
to
fight
a
duel.
Persons
responsible
under
Article
261
are:
1. Challenger;
and
2. Instigators.
Chapter
Ten:
EXEMPTION
FROM
CRIMINAL
LIABILITY
IN
CRIMES
AGAINST
PROPERTY
Art.
332.
Persons
exempt
from
criminal
liability
–
No
criminal,
but
only
To
be
exempt,
it
is
required
that:
civil
liability
shall
result
from
the
commission
of
the
crime
of
theft,
1. The
property
belongs
to
the
deceased
spouse;
and
swindling,
or
malicious
mischief
committed
or
caused
mutually
by
the
2. It
has
not
passed
into
the
possession
of
a
third
person.
following
persons:
1. Spouses,
ascendants
and
descendants,
or
relatives
by
affinity
Persons
exempted:
in
the
same
line;
1. Spouses,
ascendants
and
descendants,
or
relatives
by
affinity
in
2. The
widowed
spouse
with
respect
to
the
property
which
the
same
line.
belonged
to
the
deceased
spouse
before
the
same
shall
have
2. The
widowed
spouse
with
respect
to
the
property
which
passed
into
the
possession
of
another;
and
belonged
to
the
deceased
spouse
before
the
same
passed
into
the
3. Brothers
and
sisters
and
brothers-‐in-‐law
and
sisters-‐in-‐law,
if
possession
of
another.
living
together.
3. Brothers
and
sisters
and
brothers-‐in-‐law
and
sisters-‐in-‐law,
if
The
exemption
established
by
this
article
shall
not
be
applicable
to
living
together.
strangers
participating
in
the
commission
of
the
crime.
CRIMES
AGAINST
CHASTITY
Chapter
One:
ADULTERY
AND
CONCUBINAGE
Art.
333.
Who
are
guilty
of
adultery.
–
Adultery
is
committed
by
any
Elements:
married
woman
who
shall
have
sexual
intercourse
with
a
man
not
her
1. That
the
woman
is
married;
husband
and
by
the
man
who
has
carnal
knowledge
of
her
knowing
her
to
2. That
she
has
sexual
intercourse
with
a
man
not
her
husband;
be
married,
even
if
the
marriage
be
subsequently
declared
void.
3. That
as
regards
the
man
with
whom
she
has
sexual
intercourse,
Adultery
shall
be
punished
by
prision
correccional
in
its
medium
and
he
must
know
her
to
be
married
maximum
periods.
If
the
person
guilty
of
adultery
committed
this
offense
while
being
abandoned
without
justification
by
the
offended
spouse,
the
penalty
next
lower
in
degree
than
that
provided
in
the
next
preceding
paragraph
shall
be
imposed.
Art.
334.
Concubinage
–
Any
husband
who
shall
keep
a
mistress
in
the
Elements:
conjugal
dwelling,
or
shall
have
sexual
intercourse,
under
scandalous
1. That
the
man
must
be
married
circumstances,
with
a
woman
who
is
not
his
wife,
or
shall
cohabit
with
her
2. That
the
committed
any
of
the
following
acts:
in
any
other
place,
shall
be
punished
by
prision
correccional
in
its
a. Keeping
a
mistress
in
the
conjugal
dwelling,
minimum
and
medium
periods.
b. Having
sexual
intercourse
under
scandalous
The
concubine
shall
suffer
the
penalty
of
destierro.
circumstances
with
a
woman
who
is
not
his
wife;
c. Cohabiting
with
her
in
any
other
place
1. That
as
regards
the
woman,
she
must
know
him
to
be
married.
Chapter
Three:
SEDUCTION,
CORRUPTION
OF
MINORS
AND
WHITE
SLAVE
TRADE
Art.
337.
Qualified
seduction–
The
seduction
of
a
virgin
over
twelve
years
Two
classes
of
qualified
seduction:
and
under
eighteen
years
of
age,
committed
by
any
person
in
public
1. Seduction
of
a
virgin
over
12
years
and
under
18
years
of
age
by
authority,
priest,
home-‐servant,
domestic,
guardian,
teacher,
or
any
person
certain
persons,
such
as,
a
person
in
authority,
priest,
teacher,
who,
in
any
capacity,
shall
be
entrusted
with
the
education
or
custody
of
etc.;
and
the
woman
seduced,
shall
be
punished
by
prision
correccional
in
its
2. Seduction
of
a
sister
by
her
brother,
or
descendant
by
her
minimum
and
medium
periods.
ascendant,
regardless
of
her
age
or
reputation.
The
penalty
next
higher
in
degree
shall
be
imposed
upon
any
person
who
shall
seduce
his
sister
or
descendant,
whether
or
not
she
be
a
virgin
or
Elements
of
qualified
seduction
of
a
virgin:
over
eighteen
years
of
age.
1. That
the
offended
party
is
a
virgin,
which
is
presumed
if
she
is
Under
the
provisions
of
this
Chapter,
seduction
is
committed
when
the
unmarried
and
of
good
reputation.
offender
has
carnal
knowledge
of
any
of
the
persons
and
under
the
2. That
she
must
be
over
12
and
under
18
years
of
age.
circumstances
described
herein.
3. That
the
offender
has
sexual
intercourse
with
her.
4. That
there
is
abuse
of
authority,
confidence
Art.
338.
Simple
seduction–
The
seduction
of
a
woman
who
is
single
or
a
Elements:
widow
of
good
reputation,
over
twelve
but
under
eighteen
years
of
age,
1. That
the
offended
party
is
over
12
and
under
18
years
of
age.
committed
by
means
of
deceit,
shall
be
punished
by
arresto
mayor.
2. That
she
must
be
of
good
reputation,
single
or
widow.
3. That
the
offender
has
sexual
intercourse
with
her.
4. That
it
is
committed
by
means
of
deceit
Art.
339.
Acts
of
lasciviousness
with
the
consent
of
the
offended
party.
-‐
The
Elements:
penalty
of
arresto
mayor
shall
be
imposed
to
punish
any
other
acts
of
1. That
the
offender
commits
acts
of
lasciviousness
or
lewdness.
lasciviousness
committed
by
the
same
persons
and
the
same
2. That
the
acts
are
committed
upon
a
woman
who
is
virgin
or
circumstances
as
those
provided
in
Articles
337
and
338.
single
or
widow
of
good
reputation,
under
18
years
of
age
but
over
12
years,
or
a
sister
or
descendant
regardless
of
her
reputation
of
age.
3. That
the
offender
accomplishes
the
acts
by
abuse
of
authority,
confidence,
relationship,
or
deceit.
Art.
340.
Corruption
of
minors.
-‐
Any
person
who
shall
promote
or
3.
facilitate
the
prostitution
or
corruption
of
persons
underage
to
satisfy
the
lust
of
another,
shall
be
punished
by
prision
mayor,
and
if
the
culprit
is
a
pubic
officer
or
employee,
including
those
in
government-‐owned
or
controlled
corporations,
he
shall
also
suffer
the
penalty
of
temporary
absolute
disqualification.
(As
amended
by
Batas
Pambansa
Blg.
92).
Art.
341.
White
slave
trade.
-‐
The
penalty
of
prision
mayor
in
its
medium
Acts
penalized
as
white
slave
trade:
and
maximum
period
shall
be
imposed
upon
any
person
who,
in
any
1. Engaging
in
the
business
of
prostitution.
manner,
or
under
any
pretext,
shall
engage
in
the
business
or
shall
profit
2. Profiting
by
prostitution.
by
prostitution
or
shall
enlist
the
services
of
any
other
for
the
purpose
of
3. Enlisting
the
services
of
woman
for
the
purposes
of
prostitution.
prostitution
(As
amended
by
Batas
Pambansa
Blg.
186.)
SPECIAL
LAWS
Crimes
Against
Persons
RA
8049
(Hazing)
Elements:
1. The
act
is
a
prerequisite
for
admission
into
membership
in
a
fraternity,
sorority
or
organization;
2. The
recruit,
neophyte
or
applicant
is
placed
in
either
of
the
following
situations:
a. embarrassing
situation;
b. humiliating
situation;
c. is
subjected
to
physical
suffering
or
injury;
or
d. is
subjected
to
psychological
suffering
or
injury
Acts
Punished:
RA
8353
(Rape)
Elements
of
Par.
1
-‐
Sexual
Intercourse:
1. That
the
offender
is
a
man;
2. That
the
offender
had
carnal
knowledge
of
a
woman;
3. That
such
act
is
accomplished
under
any
of
the
ff.
circumstances:
a. By
using
force,
threat,
or
intimidation
b. When
the
woman
is
deprived
of
reason
or
otherwise
unconscious
c. By
means
of
fraudulent
machination
or
grave
abuse
of
authority
d. When
the
woman
is
under
12
years
of
age
or
demented
Elements
of
Par.
2
-‐
Sexual
Assault:
1. That
the
offender
commits
sexual
assault
2. That
such
sexual
assault
is
committed
by:
b. Inserting
penis
into
another's
mouth
or
anal
orifice;
or
c. Inserting
any
instrument
or
object
into
the
genital
or
anal
orifice
of
another
person
3. That
the
sexual
assault
is
accomplished:
a. By
use
of
force
or
intimidation;
b. When
the
woman
is
deprived
of
reason
or
otherwise
unconscious;
c. By
means
of
fraudulent
machination
or
grave
abuse
of
authority
d. When
the
victim
is
under
12
years
old
or
demented
RA
9262
(VAWC)
Elements:
1. The
offender
has
or
had
a
sexual
or
dating
relationship
with
the
1. Causing
physical
harm
to
the
woman
or
her
child;
offended
woman
or
with
whom
he
has
a
common
child
or
2. Threatening
to
cause
the
woman
or
her
child
physical
harm;
against
her
child,
whether
legitimate
or
illegitimate,
or
a
child
in
3. Attempting
to
cause
the
woman
or
her
child
physical
harm;
her
custody
4. Placing
the
woman
or
her
child
in
fear
of
imminent
physical
2. The
offender
commits
any
act
or
series
of
acts
which
result
it
or
harm;
is
likely
to
result
in
physical,
sexual,
psychological
harm
or
5. Attempting
to
compel
or
compelling
the
woman
or
her
child
to
suffering,
or
economic
abuse
including
threats
of
such
acts,
engage
in
conduct
which
the
woman
or
her
child
has
the
right
to
battery,
assault,
coercion,
harassment
or
arbitrary
deprivation
desist
from
or
desist
from
conduct
which
the
woman
or
her
of
liberty
child
has
the
right
to
engage
in,
or
attempting
to
restrict
or
restricting
the
woman's
or
her
child's
freedom
of
movement
or
conduct
by
force
or
threat
of
force,
physical
or
other
harm
or
threat
of
physical
or
other
harm,
or
intimidation
directed
against
the
woman
or
child.
This
shall
include,
but
not
limited
to,
the
following
acts
committed
with
the
purpose
or
effect
of
controlling
or
restricting
the
woman's
or
her
child's
movement
or
conduct:
a. Threatening
to
deprive
or
actually
depriving
the
woman
or
her
child
of
custody
to
her/his
family;
b. Depriving
or
threatening
to
deprive
the
woman
or
her
children
of
financial
support
legally
due
her
or
her
family,
or
deliberately
providing
the
woman's
children
insufficient
financial
support;
c. Depriving
or
threatening
to
deprive
the
woman
or
her
child
of
a
legal
right;x
d. Preventing
the
woman
in
engaging
in
any
legitimate
profession,
occupation,
business
or
activity
or
controlling
the
victim's
own
mon4ey
or
properties,
or
solely
controlling
the
conjugal
or
common
money,
or
properties;
6. Inflicting
or
threatening
to
inflict
physical
harm
on
oneself
for
the
purpose
of
controlling
her
actions
or
decisions;
7. Causing
or
attempting
to
cause
the
woman
or
her
child
to
engage
in
any
sexual
activity
which
does
not
constitute
rape,
by
force
or
threat
of
force,
physical
harm,
or
through
intimidation
directed
against
the
woman
or
her
child
or
her/his
immediate
family;
8. Engaging
in
purposeful,
knowing,
or
reckless
conduct,
personally
or
through
another,
that
alarms
or
causes
substantial
emotional
or
psychological
distress
to
the
woman
or
her
child.
This
shall
include,
but
not
be
limited
to,
the
following
acts:
(1)
Stalking
or
following
the
woman
or
her
child
in
public
or
private
places;
(2)
Peering
in
the
window
or
lingering
outside
the
residence
of
the
woman
or
her
child;
(3)
Entering
or
remaining
in
the
dwelling
or
on
the
property
of
the
woman
or
her
child
against
her/his
will;
(4)
Destroying
the
property
and
personal
belongings
or
inflicting
harm
to
animals
or
pets
of
the
woman
or
her
child;
and
(5)
Engaging
in
any
form
of
harassment
or
violence;
9. Causing
mental
or
emotional
anguish,
public
ridicule
or
humiliation
to
the
woman
or
her
child,
including,
but
not
limited
to,
repeated
verbal
and
emotional
abuse,
and
denial
of
financial
support
or
custody
of
minor
children
of
access
to
the
woman's
child/children.
RA
7610
(Child
Abuse)
1.