CRIMINAL LAW 2

MODULE NUMBER 1

Notes and References:

1.) RPC, Criminal Law by Luis B. Reyes

2.) Antonio Gregorio, Fundamentals of Criminal Law Review;
3.) Boado, Notes and cases on the RPC
4.) Jurisprudence and related laws
5.) BATASnatin

CRIMES AGAINST PERSONS

Crimes against persons are classified into three general categories

1.) Destruction of Life
2.) Physical Injuries
a.) Mutilation
b.) Serious Physical Injuries
c.) Less Serious Physical Injuries
d.) Slight Physical Injuries
3.) Rape
a.) Simple
b.) Qualified
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Classification under the Revised Penal Code

1.) Factors which determine what offense arose from a death of a person
a.) The presence of qualifying aggravating circumstance;
b.) The relationship between the accused and the victim;
c.) Whether the victim is born or still a fetus;
d.) The age of the victim

2.) Classification of Crimes Resulting from a Death of a Person

a.) Destruction of Life: the killing of human being
a.1.Parricide;
a.2.Murder;
a.3.Homicide
a.3.1. Under Exceptional Circumstances
a.3.2. In a tumultuous Affray
a.3.3. In a duel
a.4. Giving assistance to suicide;
a.5.Infanticide;
a.6. Abortion.

Art. 246. Parricide

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Elements:
1.) That a person is killed;
2.) That the deceased is killed by the accused;
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

In G.R. No. L-37379, March 18, 1993, it held that: (READ IN FULL TEXT)

In cases of parricide, prosecution is required to prove three facts, namely: 1.) the death
of the deceased; 2.) that he/she was killed by the accused; and 3.) that the deceased is either
the legitimate ascendant or descendant, or the legitimate spouse of the accused. Is the
accused is either the father, mother or the child of the accused, proof of legitimacy is not
required. Once these facts are established beyond reasonable doubt, conviction is warranted.
Matters of defense, mitigation, excuse or justification must appear by preponderance of
evidence.

Nota Bene.
 Relationship of the offender with the victim is the essential element of this crime.
 The term “ascendants and descendants” should refer to “other ascendants and
descendants” which should exclude parents and children, and this “other ascendants
and descendants” must be LEGITIMATE.
 If the victim be less than three (3) days old, the offender should be prosecuted
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under Art. 255 of the RPC and not under this article.
 In case of parricide of spouse, the best proof of relationship is the Certificate of
Marriage. Other evidence such as public records, even testimonial evidence may be
given credence, unless there is proof to the contrary.
 Relationship must be alleged, otherwise, the offender may be liable for murder or
homicide only as the case may be.

Art. 247. Death or physical injuries inflicted under exceptional circumstances.

Requisites for the application of Article 247

1.) That a legally married person or a parent surprises his spouse or his daughter, the
latter under 18 years of age and living with him, in the act of committing sexual
intercourse with another person.
2.) That 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.) That he has not facilitated the prostitution of his wife or daughter, or that he/she
has not consented to the infidelity of the other spouse.

In G.R. No. 74433, September 14, 1987, it held that: (PLEASE READ FULL TEXT)

Though quite length of a time, about one hour, had passed between the time the
accused-appellant discovered his wife having sexual intercourse with the victim and the time
the latter was actually shot, the shooting must be understood to be the continuation of the
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pursuit of the victim by the accused-appellant, the RPC in requiring that the accused “shall
kill any of them or both of them,,,,, immediately” after surprising his spouse in the act of
intercourse, does not say that he should commit the killing instantly thereafter. It only
requires that the death caused be the proximate result of the outrage overwhelming the
accused after chancing upon his spouse in the basest act of infidelity. But the killing should
have been actually motivated by the same blind impulse, and must not have been influenced
by external factors. The killing must be the direct by-product of the accused’s rage.

ALSO READ IN FULL TEXT PP vs. ABARCA, 153 SCRA 735)

Nota Bene:
 The concept of this Article is the killing or wounding by one who surprised the act of
sexual intercourse with another or the minor daughter of the accused spouse and
living with him, in the act of sexual intercourse with her seducer. The killing or
wounding is regarded as JUSTIFIABLE OUTBURST OF PASSION.
 This DOES NOT define a felony but grants a privilege or benefit amounting to an
exemption from punishment. Thus, the commission of the crime under the situation
as defined in the Article would constitute an ABSOLUTORY CAUSE.
 The accused would be charged with Parricide, Murder, Homicide or Physical Injuries
as the case may be, and it is for the accused to prove that the killing or wounding
were under the circumstances in Article 247. In other words, this is a MATTER OF
DEFENSE.
 The sexual intercourse must be voluntary on the part of the offending spouse or
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daughter, otherwise the intercourse would constitute rape and the killing would
become the justifying circumstance of DEFENSE OF A RELATIVE.
 This Article does not apply to common law spouses as such situation may only give
rise to the MITIGATING CIRCUMSTANCE of PASSION OR OBFUSCATION.
 The Article also includes a situation where the offended spouse had prior suspicion
or knowledge of the infidelity but simply resorted to a strategy to catch the guilty
spouse in flagrante.
 The killing or wounding must take place a.) during the discovery (simultaneous with
the discovery) or; b.) immediately thereafter.
 With respect to the killing of the daughter and her seducer, the daughter must be a
minor and the sexual intercourse must be in the dwelling of the accused parent and
not elsewhere.
 The accused would not have any criminal liability when only less serious physical
injuries or slight physical injuries are inflicted.
 No complex crime may arise if a third person is killed or wounded from the act of
the accused in shooting at the guilty spouse or the latter’s partner, but the Accused
may be held liable for reckless imprudence (PP vs. Abarca)

Art. 248. Murder

Elements:
1.) That a person was killed;
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2.) That the accused killed him;

3.) That the killing was attended by any of the qualifying circumstances mentioned in
Art. 248.
4.) That the killing is not parricide or infanticide.

In G.R. No. 234651, June 6, 2018, it held that: (READ FULL TEXT)

Thus, for the charge of murder to prosper, the prosecution must proved beyond
reasonable doubt that: (1) the offender killed the victim, (2) through treachery, or by any of
the other five qualifying circumstances, duly alleged in the information.

In the case at hand, the fact of AAA’s death is undisputed. Similarly, there is no
question that the killing is neither parricide nor infanticide. It has also been sufficiently
established that the killing is attended by treachery. In People v. Camat, this Court expanded
on the qualifying circumstance of treachery in this wise:

There is treachery or alevosia when the offender commits any of the

crimes against person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its execution, without risk to
himself arising from any defense which the offended might make. For alevosia
to qualify the crime to murder, it must be shown that: (1) the malefactor
employed such means, method or manner of execution as to ensure his or her
safety from the defensive or retaliatory acts of the victim; and (2) the said
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means, method and manner of execution were deliberately adopted. Moreover,
for treachery to be appreciated, it must be present and seen by the witness
right at the inception of the attack.

Nota Bene:
 The crime has attempted and frustrated stage.
 The concept of the qualifying circumstance are the same as in Article 14 except for
“outraging or scoffing at the person or corpse, which occurs after the victim is
already dead, all the other circumstances occur either prior to or simultaneously
with the act of killing.
 While intent to kill is material for this felony, killing a person with treachery is
murder even if there is no intent to kill.
 When treachery is present with other circumstances not relating to the means,
methods or forms, (e.g. reward, price, consideration), it is treachery which will be
used to qualify and the rest will be considered as merely aggravating, provided they
were duly alleged in the information.
 When fire is used, the death of the victim must be the purpose or objective of the
accused, such as burning his person, throwing him into a fire or pouring gasoline on
his body and lighting it. If the intent or purpose was to destroy property by means of
fire and it was incidental that a person was killed, the result is the special complex
crime of Arson resulting in homicide.

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 The killing of a child of tender age is murder even if the manner of the attack is not
shown.
 Treachery and evident premeditation are inherent in murder by poison, provided
that the offender has intent to kill the victim, in such case, the two cannot be
considered an aggravating circumstance.
 In killing done with evident premeditation, the prosecution must prove the
following:
a.) The time when the offender determined to kill his victim;
b.) An act of the offender manifestly indicating that he clung to his determination to
kill his victim; and
c.) A sufficient lapse of time between the determination and the execution of the
killing. G.R. No. L-16498, June 29, 1963.
 Premeditation refers to the action of planning something beforehand. This means
that the killer has already made a decision to kill or thought about killing a person.
This may require meticulous planning to make the killing appear to be an accident.

In G.R. No. 206632, February 14, 2018, it held that: (READ FULL TEXT)

In addition to these distinctions, we have ruled in several cases that when the accused
intended to kill his victim, as manifested by his use of a deadly weapon in his assault, and his
victim sustained fatal or mortal wound/s but did not die because of timely medical assistance,
the crime committed is frustrated murder of frustrated homicide depending on whether or
not any of the qualifying circumstances under Art. 248 of the RPC is present. However, if the
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wound/s sustained by the victim in such a case were not fatal or mortal, then the crime
committed is only attempted murder or attempted homicide. If there was no intent to kill on
the part of the accused and the wound/s sustained by the victim were not fatal, the crime
committed may be serious, less serious or slight physical injury.

Thus in order to determine whether the crime committed is attempted or frustrated

parricide, murder or homicide, or only lesiones (physical injuries), the crucial points to
consider are: a.) whether the injury sustained by the victim was fatal, and b.) whether there
was intent to kill on the part of the accused.

Art. 249. Homicide.

Elements:
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 that of parricide or infanticide.

The accused will be convicted of Murder in the following instances:

 When in the commission thereof, there is absent any of the qualifying circumstances
of murder, parricide or infanticide;
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 None of the qualifying circumstances has been alleged in the Information;

 Even if a qualifying circumstance is alleged but it was not proved.
Rules when two (2) or more persons who inflicted injuries on the person, ALL are liable for
the death if:
 If conspiracy is proven;
 There is no conspiracy but the wounds inflicted by each of the assailants are mortal
wounds;
 There is no conspiracy but it cannot be determined who inflicted the mortal
wounds.

In G.R. No. 203435, April 11, 2018, it held that: (READ FULL TEXT)

The prosecution in this case failed to adduce evidence of a relative disparity in age,
size and strength, or force, except for the showing that the assailants stabbed the victim while
three others restrained him. However, the presence of several assailants does not ipso facto
indicate an abuse of superior strength. Mere superiority in numbers is not indicative of the
presence of circumstance.

Further, the totality of evidence shows that the encounter between the victim and his
assailants was unplanned and unpremeditated. It must be noted that that it was Jackie and
Ernesto who went to the place where the accused were having a drinking session. Thus, there
was no conscious effort on the part of the accused to use or take advantage of any superior
strength that they then enjoyed. It has not been clearly established that the accused, taking
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advantage of their number, purposely resorted to holding Jackie by the arms so that the two
of them would be free to stab him. In view of the foregoing, the Court is compelled to rule out
the presence of abuse of superior strength as qualifying circumstance. Hence, accused-
appellants’ guilt must be limited to the crime of homicide.

Nota Bene:
 Homicide may be committed by negligence. Note however that when the victim does
not die, the crime is either Reckless Imprudence Resulting in Physical Injuries
(Serious, Less Serious, Slight).
 There is no crime of reckless imprudence resulting to frustrated or attempted
homicide as “intent is incompatible with negligence.
 The accused may be convicted of homicide even if the body of the victim has not
been found, so long as the corpus delicti has been proven.
 Intent to kill is always presumed when death resulted. Evidence of intent to kill is
necessary only in attempted or frustrated homicide, otherwise, the offender is liable
of physical injuries only.
 When the victim was killed through the use of an unlicensed firearm, there would be
no separate charge for illegal possession of firearm. The charge is simply murder or
homicide as the case may be, and the use of an unlicensed firearm, when alleged in
the Information and proved during trial will be considered as an aggravating
circumstance

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Art. 251. Death caused in a tumultuous affray.

Elements:
1.) That there be several persons (at least 4);
2.) That they did not compose groups organized for the common purpose of assaulting
and attacking each other reciprocally;
3.) These several persons quarreled and assaulted one another in a confused and
tumultuous manner;
4.) Someone was killed in the course of the affray;
5.) It cannot be ascertained who actually killed the deceased; and
6.) The person/s who inflicted serious physical injuries or who used violence can be
identified.

In G.R. No. L-15635, March 16, 1920, it held that: (READ FULL TEXT)

A tumultuous affray takes place when a quarrel occurs between several persons and
they engage in a confused and tumultuous affray, in the course of which some person is killed
or wounded and the author thereof cannot be ascertained.

XxxxxxxxxX

The quarrel here was between two well-known groups of men. The party formed by
the deceased and his companions was the one attacked and that formed by the appellants
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was the aggressor. There was no confusion in the aggression was well as in the defense. The
appellants and their companions were united in their common in their common purpose to
attack, as is shown by the circumstance that they have rallied together under the signal of
two sounds of the horn, in order to commence said aggression and they withdrew from the
field also under the signal of one sound of the horn. As is apparent, united they also put into
execution this common purpose by cooperating with each other in inflicting upon the
deceased the blows which caused his death. This unity of purpose determines the aggressors’
common responsibility for the consequences of the aggression, for which reason the act
cannot be considered as a tumultuous affray for the responsible authors are known. The act
therefore, constitutes the crime of homicide.

Nota Bene:
 The protagonist must not be identifiable or organized groups for in such a case, the
crime will be homicide and the principles of conspiracy shall apply. (BOADO)
 There must be no unity of purpose or intention among the persons who used the
violence. (REYES)
 The person killed in the course of affray need not be one of the participants in the
fight. The article speaks of “someone killed”. That someone may be a participant in
the fight or a mere passerby.
 If the person who inflicted the fatal wound is known, he will be liable for homicide.
(G.R. No. 28830-R, April 23, 1949)
 Tumultuous affray exists only when at least 4 persons took part.

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Persons liable for death in tumultuous affray:

 The person/s who inflicted serous physical injuries;
 If it does 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.

Art. 252. Physical injuries inflicted in a tumultuous affray.

Elements:
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.) These several persons quarreled and assaulted one another in a confused and
tumultuous manner;
4.) A participant or some participants thereof suffer serious physical injuries or
physical injuries of a less serious nature only.
5.) The person responsible therefor cannot be identified;
6.) All those who appear to have used violence upon the person of the offended party
are known.

Nota Bene:
 In Art. 251, the person killed in the affray need not be one of the participants in the
affray. In Art, 252, the victim must be a participant in the affray.
 There is no clear provision for SLIGHT physical injuries in a tumultuous affray.
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 The law presumes that if a person participates in an affray, he is liable to be hurt.
Hence, he is to be blamed in case of slight physical injuries to himself. (BOADO,
Notes and Cases on the RPC)

Persons liable in Art. 252

 If the one who inflicted physical injuries is known, he will be liable for the physical
injuries actually committed;
 If it does not known who inflicted the serious physical injuries on the deceased, all
the person responsible for the physical injuries cannot be identified, all those who
have used violence on the person of the offended party shall be liable.

Art. 253. Giving assistance to suicide.

Acts punishable:
1.) By assisting another to commit suicide, whether the suicide is consummated or not;
2.) By lending his assistance to another to commit suicide to the extent of doing the
killing himself.

Nota Bene:
 Giving assistance to suicide means furnishing the person to commit suicide the
means (poison, arms, etc.) with which to kill himself;

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 A person who attempts to commit suicide is not criminally liable because society has
always considered such a person as an unfortunate being, a wretched person more
deserving of pity rather than of penalty.
 The initiative must come from the person as in requesting from the accused his
assistance in the suicide. If an affirmative act is done, eg. shutting an oxygen at the
request of the patient, Art, 253 applies. If the initiative comes from the offender, the
crime is homicide or murder as the case may be.
 Art. 253 does not distinguish and does not make any reference to the relation of the
offender and the person committing suicide. Hence, the penalty is the same as that
provided in Art. 253.

Art. 254. Discharge of Firearms.

Elements:
1.) That the offender discharges a firearm against or at another person;
2.) That the offender has no intention to kill that person.

Illustrations.

1.) Victoria fired his gun at Neil in a distance of more or less 200 yards. The distance is
so great that it is difficult to impute an intention on the part of Victoria to kill Neil.
The act was intended merely to frighten away Neil. Held: The crime is only
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discharge of firearm.

2.) John with the intention to knock Sherwin with the butt of the gun, approached
Sherwin but the latter met John and tried to snatch the gun away him. In the course
of the struggle, the gun fired by John at a couple of meters in front of Sherwin. Held:
John is guilty of discharge of firearm.

In PP vs. Hinolan, 47 O.G.3596, it held that: (READ IN FULL TEXT)

It is essential for the prosecution to prove in a positive way that the discharge was
directed precisely against the offended party. Firing a gun against the house at random, not
knowing in which part of the house where the people were is only alarm under Art. 155, par.1.
they were intended to cause alarm in the place were shots were fired, producing danger to the
persons in the house.

Nota Bene:
 Firing a gun at a person even if merely to frighten him constitutes illegal discharge
of firearm. The same is true even if the gun was not pointed at the offended party
when it fires, as long it was initially aimed by the accused at or against the offended
party.
 There must be no intent to kill, otherwise, the felony would be attempted/frustrated
murder/homicide as the case may be.
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 If in the discharge, slight physical injuries resulted, there would be two (2) crimes,
illegal discharge of firearms and slight physical injuries. There is no complex crime
because such physical injuries constitute a light felony.
 The rule is different however if serious physical injuries or less serious physical
injuries resulted, the crime would be a complex crime.

Art. 255. Infanticide.

Elements:
1.) That a child was killed;
2.) That the decease child was less than 72 hours of age;
3.) That the accused killed the said child

Nota Bene:
 Note that the victim in abortion is still a fetus which is not yet viable or fully
developed, that is, it can sustain an independent life. In infanticide, the victim is
already viable.
 If the fetus had an intra-uterine life of less than 7 months and it was destroyed
within 24 hours after its complete separation from its womb, it is still abortion.
(Boado)
 If the offender is the father, mother or legitimate ascendant. The crime is still
infanticide not parricide, because the basis of the crime is not the relationship but
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the age of the child. But the penalty is that for parricide.
 If the offender is a person other than the foregoing, the crime is still infanticide, but
the penalty is for murder.
 The extenuating circumstance of concealment of dishonor is available only to:
a.) The mother;
b.) The maternal grandparents
 The delinquent mother must be of good reputation and good morals, in order that
concealing dishonor may mitigate her liability. (Reyes)

Art. 256. Intentional Abortion.

Ways of committing:
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 (By
administering drugs or beverages upon such pregnant woman without her consent);
3.) By acting, (by administering drugs or beverages) with the consent of the pregnant
woman.

In G.R. No. L-50884. March 30, 1988, it held that: (READ IN FULL TEXT)

The Solicitor General’s brief makes it appear that appellant intended to cause an
abortion because he boxed his pregnant wife on the stomach which caused her to fall and
then strangled her. We find that appellant’s intent to cause an abortion has not been
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sufficiently established. Mere boxing on the stomach, taken together with the immediate
strangling of the victim in a fight, is not sufficient proof to show an intent to cause abortion.
In fact, appellant must have merely intended to kill the victim but not necessary to cause an
abortion.

The evidence on record, therefore, establishes beyond reasonable doubt that accused
Filomeno Salufrania committed and should be held liable for complex crime of parricide with
unintentional abortion. The abortion in this case, was caused by the same violence that
caused the death of Marciana Abuyo, such violence being voluntarily exerted by the herein
accused upon his victim.

Nota Bene:

 The person who intentionally caused the abortion is liable under Art. 256. The
woman is liable under Art. 258, if she consented to the abortion caused on her. If she
did not consent to the abortion, she is not liable.

Art. 257. Unintentional abortion.

Elements:

1.) That there is a pregnant woman;

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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 fetus dies, either in the womb, or after having
been expelled therefrom.

Intentional Abortion vs. Unitentional Abortion

Intentional Abortion Unitentional Abortion

-with or without violence -with violence only
-committed by strangers, by the woman -by strangers only
herself or her parents
-strangers know the pregnancy of the -may or may not know the pregnancy.
woman.
-always DOLO because intent to commit -may be DOLO or CULPA because the
abortion is inherent. unintentional refers to the abortion, not to
the violence inflicted by another person
which may be intentional violence or
culpable violence.

Nota Bene:
 Unintentional abortion is committed by violence only and the same must be
intentionally exerted.

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 If the offender does not know that the woman is pregnant, and abortion results from
a felonious violent act, it is unintentional abortion.
 Even though it was not the criminal intent of the accused to cause the abortion, the
fact that without any apparent reason whatsoever, he maltreated the pregnant
woman, presumably not knowing that she was pregnant, as author of the abuse
which caused the miscarriage, he is liable not only for such maltreatment but also
for abortion.
 There is a complex crime of homicide/parricide and unintentional abortion.
 The woman herself cannot commit unintentional abortion because it is always
committed by strangers. Note that it is required that the violence be voluntary
which resulted in the intended abortion. Hence, it is always intentional abortion that
the woman commits upon herself.
 Suppose, a pregnant woman committed suicide, she did not die but abortion
followed. What crime was committed? The answer is NONE. There is no
unintentional abortion because the felony requires physical violence by strangers.
There is no criminal liability under Art. 4, par.1 because she was not committing a
felony when she attempted suicide.

Art. 258. Abortion practiced by a woman herself or by her parents.

Elements:
1.) That there is a pregnant woman who suffered an abortion;
2.) That the abortion is intended
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3.) That the abortion is caused by:
a.) The pregnant woman herself;
b.) Any other person, with her consent;
c.) Any of her parents, with her consent for the purpose of concealing her dishonor.

Nota Bene:
 Only the woman or any of her parents is liable under Art. 258, if the purpose of the
latter is to conceal her dishonor;
 The person liable under paragraph 1 of Article 258 is the woman only. The other
person who caused the abortion on her with her consent is liable under Art. 256.
 If the purpose of the parents of the woman was not to conceal her dishonor. The
case does not fall under Art. 258, but under Art. 256.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives.

Elements:
1.) That there is a pregnant woman who 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.

Nota Bene:
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 The act constituting the offense is dispensing abortive without proper prescription
from a physician. It is not necessary that the pharmacist/midwife knows that the
abortive would be used to cause an abortion. However, if the pharmacists/midwife
sknow that the same would be used for abortion and abortion indeed resulted from
the use thereof, the pharmacist/midwife would be an ACCOMPLICE in the crime of
abortion.
 The penalty imposed on the pharmacist and midwife is in the maximum because
they incur a heavier guilt in making use of their knowledge for the destruction of
human life, where it should be used only for its preservation.

Art. 260. Responsibility of participants in a duel.

DUEL- is a formal or regular combat previously concerted between two parties in

the presence of two or more seconds of lawful age on each side, who make the selection of
arms and fix all the other conditions of the fight.

Acts punished:
1.) By killing one adversary in duel;
2.) By inflicting upon such adversary physical injuries;
3.) By making a combat although no physical injuries have been inflicted.

Persons responsible:
1.) The person who killed or inflicted physical injuries upon his adversary, or both
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combatants in any other case as principals;
2.) The seconds as accomplices.

Nota Bene:
 If death results in a duel, the penalty imposed on the offender is the same as that of a
homicide, because intent to kill is presumed.
 Note that when there is intent to kill, the inflicting of physical injuries is either
attempted/frustrated homicide/murder as the case may be.
 When there is an agreement to fight to death, there is an intent to kill on the part of
the combatants.

Art. 261. Challenging to a duel.

Acts punished:
1.) By challenging another to a duel;
2.) By inciting another to give or accept a challenge to a duel;
3.) By scoffing at or decrying another publicly for having refused to accept a challenge
to fight a duel.

Persons responsible:
1.) Challengers; and
2.) Instigators.
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Nota Bene:
 In challenging to fight, the person must have in mind a formal combat to be
concerted between him and the other person in the presence of 2 or more seconds.
Chapter Two
PHYSICAL INJURIES

Art. 262. Mutilation

-means chopping off a part of the body which is not susceptible to grow again.

Elements:
1.) That there be a castration, that is mutilation of organs necessary for generation,
such as the penis or ovarium;
2.) That the mutilation is caused purposely and deliberately, that is, to deprive the
offended party of some essential organ for reproduction;

Two Kinds of Mutilation:

1.) By intentionally mutilating another by depriving him, either totally or partially, of
some essential organ for reproduction;
2.) By intentionally making other mutilation, that is by lopping or clipping off any part
of the body of the offended party, other than the essential organ for reproduction, to
deprive him of that part of his body.
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Nota Bene:
 Putting out of an eye does not fall under this definition (US v. Bogel, 7 Phil 285);
 The offender must have the intention to deprive the offended party of a part of his
body, otherwise, the offense may be physical injuries only.
 CASTRATION consists of the amputation of whatever organ necessary for
generation. The law could not fail to punish the utmost severity such a crime, which,
although not destroying life, deprives a person of the means to transmit it. But
according to this article, in order for “castration” to exist, it is indispensable that the
same be made purposely. The law does not look only to the result but also to the
intention of the act.
 If the mutilation involves a part of the body, other than an organ for reproduction,
such as the cutting of the outer ear or arm of the offended party, with a deliberate
purpose of depriving him of the part of his body, it is other intentional mutilation
under the 2nd paragraph of Art. 262.
 MAYHEM is the term used for “other mutilation”.
 The penalty when the victim of other intentional mutilation is under 12 years old
shall be one degree higher than that imposed by law.

Mutilation Physical Injuries

-caused purposely and deliberately to Such intention is not present.
lop or cliff off some part of the body so
as to deprive the offended.

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Art. 263. Serious Physical Injuries.

How committed:
1.) By wounding;
2.) By beating;
3.) By assaulting;
4.) By administering injurious administering substances.

Kinds of Serious Physical Injuries

1.) Where the injured person becomes insane, imbecile, impotent, or blind in
consequence of the injuries inflicted;
2.) Where the injured person (a) loses the use of speech or the power to hear or to
smell or loses an eye, a hand, a foot, an arm or a leg or (b) becomes incapacitated for
work he was habitually engaged as a consequence of the physical injuries inflicted;
3.) Where the person injured (becomes deformed), or (b) loses any other of his body, or
(c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of
work which he was habitually engaged for more than 90 days.
4.) Where the injured person becomes ill or incapacitated for labor for more than 30
days (but must not be more than 90 days), as a result of the injuries inflicted.

Physical Injuries Attempted/Frustrated Homicide

15
Offender inflicts physical injuries
Offender HAS NO intent to kill
Attempted Homicide may be committed
even if there is no infliction of physical
injuries.
Offender HAS intent to kill.

Nota Bene:
 Blindness must be complete as mere defect in the vision is not included;
 If there was intent to kill when the offender inflicted any of the serious physical
injuries described, the crime would be ATTEMPTED/FRUSTRATED
HOMICIDE/MURDER/PARRICIDE, as the case may be;
 Since the effect is the same; loss of power to procreate, the term impotent should
include inability to copulate and sterility;
 Penalty shall be one degree higher if the victim be under 12 years of age (RA No.
7610)
 Under par.1, the blindness must be of 2 eyes. Under par. 2, it covers the loss of
one eye only; (same rule with the ears as to its power to hear);
 The loss of use of hand or incapacity for habitual work under par. 2 must be
PERMANENT;
 All those mentioned in par. 2 are principal members of the body. Par. 3 on the
other hand covers ant other member of the body that is not principal member of
the body, such as fingers.

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 BUT, where it was alleged in the information and proved that the loss of the use
of three fingers also resulted in the loss of the use of the hand itself, it falls under
par. 2.
 It is a serious physical injury when the offended party becomes deformed, which
requires:
- Physical ugliness;
- Permanent and define abnormality; and
- Conspicuous and visible;

 It would seem that if the injury would require medical attendance for more than
30 days, the illness may be considered as lasting for more than 30 days. The fact
that there was medical attendance for that period of time shows that the injuries
were not cured for that length of time;
 Work includes studies or preparation for a profession;
 Par. 4 speaks of incapacity for any kind of labor. It does not refer to labor in
which the offended party is engaged at the time the serious physical injuries
were inflicted. The incapacity is for any kind of labor.
 Where the category of the offense of serious physical injuries depends on the
period of illness or incapacity for labor, there must be evidence of the length of
that period, otherwise the offense is only SLIGHT PHYSICAL INJURIES.
 There is no incapacity if the injured party could still engage in his work although
less effective than before.
 QUALIFIED SERIOUS PHYSICAL INJURIES is committed against any of the
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persons enumerated in the article defining parricide or with the attendance of
the circumstances mentioned in the article defining murder.
 Serious physical injuries by excessive chastisement by parents are not qualified.

In PP vs. Balubar, 66 Phil 698, it held that: (READ IN FULL TEXT)

The injury to cause deformity is one that cannot be replaced by nature and if the loss
of the teeth is visible and impairs the appearance of the injured party, it constitutes a
disfigurement. The substitution of the artificial teeth for the natural teeth he has lost does
not repair the injury although it may lessen the disfigurement.

Art. 264. Administering injurious substances or beverages.

Elements:
1.) That the offender inflicted upon another any serious physical injury;
2.) That it was done by knowingly administering to him any injurious substances or
beverages or by taking advantage of mis weakness of mind or credulity;
3.) That he had no intent to kill.

Nota Bene:
 The offense would be FRUSTRATED MURDER if there is an intent to kill.

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 This article would not apply if the act resulted to less serious physical injuries or
slight physical injuries.

Art. 265. Less serious physical injuries.

Elements:
1.) That the offender inflicted physical injuries upon another; and
2.) That the physical injuries inflicted either (a) incapacitated the victim for labor for 10
days or more (but not more than 30), or the injuries required medical assistance for
more than 10 days (Enrile vs. Manalastas, G.R. No. 166414)

Nota Bene:
 Medical attendance or incapacity is required in less serious physical injuries. Thus, if
the physical injuries do not incapacitate the offended party for labor nor there is
medical attendance, the crime is slight physical injuries.
 Qualified Less Serious Physical Injuries:
A. 1.) there is manifest intent to insult or offend the injured person, or 2.) there are
circumstances adding ignominy to the offense.
B. The victim is either the 1.) the offender’s parents, ascendants, guardians,
curators or teachers; 2.) persons of rank or persons in authority, provided that
the crime is not direct assault.
 The felony would only be SLIGHT PHYSICAL INJURIES if there would be no proof of
the injuries sustained or the medical records is silent as to the number of days of
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medical attention/barring complications needed by the victim (FMimie)
 1-9 days-slight physical injuries
10-30 days-less serious physical injuries
30+ days-serious physical injuries

In G.R. No. L-12141, January 30, 1962, it held that: (READ IN FULL TEXT)

Whenever an act has been committed which inflicts upon a person less serious physical
injuries with the manifest intent to insult or offend him, or under circumstances adding to the
offense, the offender should be prosecuted for less serious physical injuries. The same act
constitutes the complex crime of slander by deed with less serious physical injuries, because
such complex crime only exists in cases where the Code has no specific provision penalizing
the same with specific penalty.

Art. 266. Slight physical injuries and maltreatment.

3 kinds of Slight Physical Injuries:

1.) Physical injuries which incapacitated the offended party for labor from 1-9 days or
required medical attendance during the same period;
2.) Physical injuries which do 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.

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Nota Bene:
 In the absence of evidence to show actual injury, as when the deceased died of other
causes and there is no evidence as to how many days the deceased lived after the
injury, the crime is only slight physical injuries, it appearing that the wounds
inflicted by the accused could not have caused death.
 A physical injury which incapacitates the offended party from working for 9 days
and some hours without amounting to 10 days, is a slight physical injury.
 Where the original information was for slight physical injuries as there is no
evidence of the injuries suffered such as the Medical certificate, but after the filing of
the case in court, it was found that the crime was a more SERIOUS one as the victim
needed to have a surgery, the AMENDMENT or a NEW CHARGE can still be done
and the same would not place the accused in double jeopardy. (FMimie)
 Ill-treatment is committed by the inflicting of pain, and without causing any
dishonor, although there is no wound. Example: slapping one’s face, pinching one’s
arm.

Art. 266-A. Rape, When and How committed.

Art. 266-B. Penalties

Art. 266-C. Effect of Pardon

Art. 266-D. Presumptions.

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Elements of Rape under paragraph 1.
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 following circumstances:
a.) By using 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 woman is under 12 years of age or demented.

Elements of Rape under paragraph 2.

1.) That the offender commits an act of sexual assault;
2.) That the act of sexual assault is committed by any of the following means:
a.) By inserting his penis into another’s mouth or anal orifice;
b.) By inserting any instrument or object into the genital or anal orifice of another
person.
3.) That the act of sexual assault is accomplished under any of the following
circumstances:
a.) By using force or intimidation;
b.) When the woman is deprived of reason or otherwise unconscious; or
c.) By means of fraudulent machination or grave abuse of authority;
d.) When the woman is under 12 years of age or demented.

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IMPORTANT:
Pursuant to R.A. No. 8353, otherwise known as the Anti Rape Law of 1997, “the
definition of the crime of rape has been expanded to include not only rape by sexual
intercourse but also rape by sexual assault.” Said RA has not likewise made any distinction
on the sex of either the offender or the victim. So rape may now be committed by any
person, male or female against another person, male or female.

This is illustrated in the case of Ordinario vs. People and CA, G.R. No. 155415, May
20, 2004) READ IN FULL TEXT.

PARAGRAPH 1
Nota Bene:
 In paragraph 1, RAPE is through SEXUAL INTERCOURSE. There must be a contact of
the male penis with the woman’s vagina.
 Slightest penetration of the vagina is enough, and proof of omission is not necessary.
 While the evidence may not show full penetration on both occasions of rape the
slightest penetration is enough to consummate the offense in fact there was vulva
penetration in both cases. The fact that the hymen was intact upon examination
does not belie rape for a broken hymen is not an essential element of rape nor
does the fact that the victim has remained a virgin negate the crime. What is
fundamental is that the entrance of at least the introduction, of the male organ into
the labia of the pudendum is proved. As in the case at bar, it can be said that there
was penetration although incomplete, and it was sufficient to prove carnal
19
knowledge of a child under twelve years of age. A medical examination is not an
indispensable element in a prosecution for rape. The accused may be convicted
on the sole basis of complainant’s testimony of credible and the findings of the
medico-legal officer do not disprove the commission of rape. (Peole vs. Escober),
Emphasis supplied. NOTE THAT THIS THE REASON ALSO WHY THERE IS NO SUCH
THING AS FRUSTRATED RAPE.
 The failure to specify the exact date or time when the rapes where committed does
not ipso facto render the informations defective. Neither the date nor the time of the
commission of rape is a material ingredient of the crime, for the essence of the crime
is carnal knowledge of a female against her will through force or intimidation.
Precision as to the time when the rape is committed has no bearing on its
commission. Consequently, the date or the time of the commission of the rape need
not be stated in the complaint or information with absolute accuracy, for it is
sufficient that the complaint or information states that the crime was committed at
any time as near as possible to the date of its actual commission. (G.R. No. 195424,
June 15, 2015).
 When force or intimidation is employed by the offender, it is not necessary that the
woman be unconscious when he had carnal knowledge of her.

ATTEMPTED RAPE vs. ACTS OF LASCIVIOUSNESS

 The intent of the offender to lie with the female defines the distinction between
attempted rape and acts of lasciviousness. The felony of attempted rape requires such
intent; the felony of acts of lasciviousness does not. Only the direct acts of the offender
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establish the intent to lie with the female. However, merely climbing on top of a naked
female does not constitute attempted rape without proof of his erectile penis being in
a position to penetrate the female’s vagina. (G.R. No. 166441. October 8, 2014).

PARAGRAPH 2
Nota Bene:
 Rape by sexual assault is committed when a finger is inserted in the victim’s vagina
(People vs. Alfonso).
 The force need not be irresistible. It need not be present and so long as it brings the
desired result, all considerations of whether it was more or less irresistible is beside
the point. (People vs. Momo, supra).
 It is not necessary that the force employed against the complaining woman in rape
be so great or of such character as could not be resisted. It is enough that that the
force used is sufficient to consummate the culprit’s purpose of copulating with the
offended woman. The force or violence necessary in rape is naturally a relative term,
depending on the age, size and strength of the parties and their relation to each
other. (People vs. Savellano).
 In a number of cases, the Supreme Court has ruled that the moral ascendancy or
influence exercised by the accused over the victim substitutes for the element of
physical force or intimidation in cases of rape, and it may be added, acts of
lasciviousness.
 It is settled that the crime of rape is difficult to prove because it is generally left
20
unseen and very often, only the victim is left to testify for herself. However, the
accused may still be proven as the culprit despite the absence of eyewitnesses.
Direct evidence is not a condition sine qua non to prove the guilt of an accused
beyond reasonable doubt. For in the absence of direct evidence, the prosecution
may resort to adducing circumstantial evidence to discharge its burden.
Circumstantial evidence consists of proof of collateral facts and circumstances from
which the existence of the main fact may be inferred according to reason and
common experience. (G.R. No. 234825, September 5, 2018).
 Each of the four defendants who raped the victim, having conspired with the others
to rape her, is responsible not only for the rape committed personally by him, but
also for those committed by the others, because each sexual intercourse had,
through force by each one of them with the victim, was consummated separately
and independently from that had by each of the others. Each of the defendants was
held liable for four crimes of rape, in the commission of which he participated by
direct execution and by acts without which the commission of the crimes would not
have been accomplished. (People vs. Villa, et. Al, 81 Phil 193)

 The elements necessary in every prosecution for statutory rape are:

1.) The offended party is under 12 years of age;
2.) The accused had carnal knowledge of the victim, regardless of whether there
was force, threat, or intimidation or grave abuse of authority.
It is enough that the age of the victim is proven and there was sexual intercourse.
(G.R. No. 214762. September 20, 2017).
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 In connection with statutory rape, please see the provision of child abuse (sexual
abuse) as mentioned in R.A. No. 7610.

 Pursuant to R.A. No. 9346, when the rape committed is punished by death, the
penalty imposed shall BE RECLUSION PERPETUA WITHOUT ELIGIBILITY FOR
PAROLE, in lieu of death.

 There is a complex crime of RAPE WITH HOMICIDE. (even if the deceased is not the
victim of rape).

 IMPORTANT: Rape cannot be complexed with a violation of R.A. No. 7610.

Reasons:
1.) It will give rise to double jeopardy;
2.) A felony under the RPC cannot be complexed with an offense penalized by a
special law.

 It is now acknowledged that rape, as a form of sexual violence, exists within

marriage. A man who penetrates his wife without her consent or against her will
commit sexual violence upon her, and the Philippines, as a state party to the United
Nations Convention on the Elimination of all Forms of Discrimination Against
Women and its accompanying Declaration, defines and penalizes the act of rape
under R.A. No. 8353.
21  The subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty, provided that the marriage is not void ab initio.
 Since rape is now a crime against persons, marriage of the offender and the victim
only extinguishes the penal action and the penalty only as to the offender, and not to
his accessories and accomplices.

 Evidence which may be accepted in the prosecution of rape:

a.) Any physical overt act manifesting resistance against the act of rape in any
degree from the offended party; or
b.) Where the offended party is so situated as to render him/her incapable of giving
consent.

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