BOOK II: CRIMES AGAINST PERSONS
2018 Preweek Reviewer in Criminal Law
If the consequence of the
employment of violence upon a
pregnant is unintended death of
fetus
If the consequence of the
employment of threat upon a
pregnant is unintended death of
fetus
Taking poisonous substance
Victim is killed inside the maternal
womb
Victim is killed outside the maternal
wond
Violence employed against
pregnant woman with intent to
abort, the woman suffered injuries
but the fetus was not aborted
Violence employed against
pregnant woman without intent to
abort, the woman suffered injuries
but the fetus was not aborted
Killing of Child less than 3 days old
Killing of Child exactly 3 days old
Husband intention is only to kill
wife no intention to abort; wife
died, fetus died
H mauled W who was pregnant for
6.5 months, w/o intent to kill her
and abort = Wife died and the child
was expelled prematurely after 36
hrs infant died
H mauled W who was pregnant for
6.5 months, w/o intent to kill her
Regardless of Viability
Non- Viable Fetus
Viable (Life of more than 6
mos)
If the person who killed is
the P/GP, penalty for
Infanticide is same as the
penalty for Parricide
Other = Murder
Mother to Conceal Dishonor
= lesser penalty (N/A to GP)
(Rule N/A to Parricide
committed by momd
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SPI and Unintentional Abortion
Basis: Art 257
Threat and Abortion
Basis Art 4
No liability: art 4 not applicable
since the act of taking poison is
not felony; art 257 also not
applicable taking abortive drugs
not covered by violence
Abortion or unintentional
abortion
Abortion or unintentional
abortion
Infanticide
Complex crime of PI with A/F
(depends to extent of injury)
abortion
Physical injuries
Not PI with A/F abortion (since no
intent to abort)
Infanticide
Murder/Parricide
CC of Parricide with unintentional
abortion
CC Parricide and Infanticide
Double Parricide
and abort = Wife died and the child
was expelled prematurely after
days child died
Killing father, mother, child, Parricide
whether legit/illegitimate ,
legitimate other ascendants,
descendants
Legitimate spouse
Killing of legitimate brother or sister Collateral relative Homicide or murder
Killed adopted son Homicide or murder
A, with the help of B killed A’s son C A = Parricide (Personal)
B = Homicide or Murder
Killing attended qualified by Consider: Murder
circumstances under Art 248 1. Doctrine of
Absorption
2. Rule on Qualifying
3. Rule on I, P, Murder
Killing in order to create a condition Terrorism
of widespread fear and panic
among the populace in order to (subj to variance rule and rule
coerce govt to give in to unlawful against dj)
demand
Kills another without qualifying Intent to kill is conclusively Homicide
circumstances of infanticide, presumed if victim died
murder, parricide
Inflicting mortal wound with intent Frustrated Homicide
to kill but did not kill

With intent to kill commences to PI

commit an overt act produces non
mortal wound only
Killing committed thru recklessness Reckless imprudence resulting in
homicide
No intent to Kill

Intent to mutilate him by depriving Intent to mutilate is an Mutilation

him of reproduction indispensable element
Intentional mutilation –child Penalty for IM is PM in its Under RA 7610 when the victim is
below12 (Qualifying circumstance) med-max less 12 yrs. old the penalty for
Intentional Mutilation is RP

Physical violence against a woman Crime is punished under RPC not

resulted mutilation RA 9262
No intent to Kill ITW = >90 ; I/S = >30 Serious PI
ITW = Incapacity to work Med 10 days not more 30 Less Serious PI
I/S =Illness I/S for 1-9 days Light PI

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Several persons quarrel in a
confused and tumultuous manner,
they are composed of groups not
organized for the common purpose
of assaulting each other
Frat A attacked Frat B a member of
Frat B died
Assist another to commit suicide or
lends his assistance to another to
the extent of doing the killing
himself
Shoots another with a firearm, the
act does not constitute M, P, H, I
Inflict harm or place a person in an
embarrassing situation as a
prerequisite for admission
Employment of violence against
women and children
Inflicting cruel and unusual
punishment upon the child
Committed by any person who shall
engage in the act of buying and
selling a kid.
Committed by any person who shall
promote or facilitate prostitution or
corruption of persons underage
Indispensible: The person Death caused in a Tumultuous
who killed the victim in a Affray – all who inflicted SPI or
tumultuous affray cannot be used violence
identified.
-no conspiracy PI caused in tumultuous affray- all
who inflicted violence = a person
suffered less serious –serious PI
In conspiracy, the act of the Members of Frat A are liable for
identified killer is the act of Homicide or Murder even though
all his co-conspirators the actual killer was not identified.
Giving Assistance to Suicide
No intent to kill Discharge of Firearm
(Non-commission of a graver
crime)
Anti-Hazing Law
RA 8049
* provided that the harm VAWC
dose not amount CAF
homicide, parricide, murder
and mutilation ( Sec 3., RA.
9262
Child Abuse Ra 7610
Child Trafficking
Corruption of minor

Doctrine of Absorption
- If there are two or more circumstances based on the same incident, only one will be appreciated
while others are absorbed
- Ex. Killing attended by advantage of superior strength to render him defenseless = Crime is
murder qualified by treachery. Advantage of superior strength is absorbed by treachery
- Killing attended by circumstance of nighttime to render him defenseless = Crime is murder
qualified by treachery. Nighttime is absorbed by treachery

Qualifying Circumstances
- If there are two or more circumstances attended the killing, one will be appreciated to qualify
crime into murder and the others to aggravate the criminal liability of the accused
- Ex. Killing + Treachery + Evident Premeditation = Killing is qualified by treachery into murder,
evident premeditation serves as aggravating.

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 - QC under Art 248 are also OAC under Art 14. XPN: scoffing at the corps and employing of means
to afford impunity (Not OAC)
- QC must be given priority over OAC
- Killing + Treachery + Wearing a mask = Killing will be qualified by treachery. Wearing a mask will
not be considered as QC but OAC, disguise

Rule on I, P, M, H
- To be liable for murder, the killing must not be IP,H

Intent to kill
- As an element of murder and homicide
- Praeter intentionem mitigating
- Intent to kill as requisite of the circs of by means of fire poison and explosion