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Elements of Murder

- On the other hand, Murder is defined and penalized under Article 248 of the Revised Penal Code (RPC),
as amended, which provides:

ART. 248. Murder. Any person who, not falling within the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of
the following attendant circumstances:

Through treachery, the use of superior power, the use of armed men, or the use of means to weaken
the protection, or the use of means or persons to ensure or afford impunity;

In exchange for a price, a reward, or a promise;

Inundation, fire, toxin, explosion, shipwreck, stranding of a vessel, derailment or attack on a railroad,
crash of an airship, motor vehicles, or any other means.

Generally, the elements of murder are:

A individual was killed; (2) the accused killed him; (3) all of the qualifying conditions mentioned in Art.
248 were present during the killing; (4) and the killing was not parricide or infanticide.

Elements of Parricide
Father is legitimate or illegitimate, and mother is legitimate or illegitimate.

Kid, legitimate or illegitimate (must be at least 3 days old, otherwise it is a crime)

Elements of Infanticide
To convict an accused of infanticide, the following elements
must be established: (a) a child was killed; (b) the deceased
child was under three (3) days old; and (c) the accused killed
the child.
Elements of Homicide
- Homicide Defined

The crime of Homicide is defined and penalized under Article 249 of the RPC, which reads:
Art. 249. Homicide. – Any person who, without falling under the provisions of Article 246, kills another
without the presence of any of the circumstances enumerated in the preceding article, is guilty of
homicide and subject to temporal reclusion.”

The elements of Homicide are the following:

(a) a person was killed;

(b) the accused killed him without any justifying circumstance;

(c) the accused had the intention to kill, which is presumed; and

(d) the killing was not attended by any of the qualifying circumstances of Murder, or by that of Parricide
or Infanticide.

Elements of abortion
Unlike infanticide24, the features of accidental abortion25 are as follows: (1) a pregnant woman; (2)
violence is used on such pregnant woman without intending to cause an abortion; (3) the violence is
deliberately used; and (4) the fetus dies as a result of the violence, either in the womb or after being
expelled from it.

. In the crime of infanticide, it is necessary that the child be born alive and be viable, that is, capable of
independent existence.26 However, even if the child who was expelled prematurely and deliberately
were alive at birth, the offense is abortion due to the fact that a fetus with an intrauterine life of 6
months is not viable.27 In the present case, the unborn fetus was also killed when the appellant stabbed
Lilybeth several times.

There are two kinds of abortion — the abortion pill and in-clinic abortion. Medication abortion (also
known as the abortion pill) consists of using two different medicines called mifepristone and misoprostol
to end a pregnancy. This medicine causes cramping and bleeding to empty your uterus.

Elements of rape
The following are the requisite elements of rape under Article 2
66-A of the Revised Penal Code: (1) the accused had carnal kno
wledge of a woman, and (2) he committed the act by force or c
oercion, or when she was deprived of reason or unconscious, or 
when she was under the age of 12 years, or when she was dem
ented.
Elements of physical Injuries
- Other common types of injuries include

The elements of the offense of less severe physical injuries, according to the statute, are: (1) the
perpetrator inflicted physical injuries on another; and (2) the physical injuries inflicted either
incapacitated the victim for labor for 10 days or needed medical aid for more than 10 days.

Animal bites

Bruises

Burns

Dislocations

Electrical injuries

Fractures (broken bones)

Sprains and strains.

Elements of VAWC
- Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their
Children Act of 2004 (“VAWC”), the concept of “violence” against women and children includes not just
physical violence, but also sexual violence, psychological violence, and economic abuse, including
threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.[1] The law
penalizes any act or a series of acts “committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or illegitimate, within or without
the family abode.”
In the 15 years since the enactment of the VAWC, some in Congress have perceived the need to expand
the law to specifically include acts of violence that utilize electronic communications and social media
platforms to inflict psychological violence. One such expression of this urge to modernize the law is
embodied by House Bill No. 8655, which seeks to enact the “Expanded” Anti-Violence Against Women
and Their Children Act”. It should not escape notice though that Republic Act No. 10175, or the
Cybercrime Prevention Act of 2012, had effectively updated the VAWC by criminalizing as cyber-crimes
those criminal acts under the VAWC that are committed through the use of information and
communications technologies. ¶

Elements of child abuse

(1) Psychological and physical violence, neglect, brutality, sexual abuse, and emotional maltreatment; (2)
Any act that debases, degrades, or demeans the inherent value and integrity of a child as a human
being, whether by actions or words.

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