Chapter One.
Destruction of life
Section One. — Parricide, murder, homicide
Crime
PARRICIDE
Art. 246. Any person
who shall kill his father,
mother, or child, whether
legitimate or illegitimate,
or any of his ascendants,
or descendants, or his
spouse, shall be guilty of
parricide and shall be
punished by the penalty
of reclusion perpetua to
death.
Elements Important Points to Remember Penalty
1. That a person is 1. Other ascendants or descendants must be reclusion perpetua
killed legitimate. Father, mother, or child may be to death
legitimate or illegitimate (only direct line by blood
2. That the deceased relation) Indemnity
is killed by the (a) ₱ 75,000.00 as
accused 2. Relationship of the offender with the victim is civil liability
the essential element of this crime (b) ₱75,000.00 as
3. That the deceased moral damages
is the father, mother, 3. The proof of legitimacy is not necessary when (c) ₱30,000.00 as
or child, whether the deceased is a relative by blood (father, mother, exemplary
legitimate or & child), however, other ascendants and damages
illegitimate, or a descendants must be legitimate. Spouse must be (d) ₱25,000.00 as
legitimate other legitimate temperate damages
ascendant or other € interest of 6% per
descendent, or the 4. Relatives by affinity (in-laws) and relationship annum on all
legitimate spouse, of through adoption are not included in this provision. damages, to be
the accused reckoned from the
5. Relationship must be alleged, if not, it shall be finality of the
Cases when considered an aggravating circumstance. decision.
Parricide is not
punished with RP to 6. The child should not be less than 3 days old,
Death: otherwise the crime is infanticide
1. Parricide
committed through 7. There is crime of parricide thru reckless
negligence (Article Imprudence, the punishment of which is arresto
365) mayor in its maximum period to prision
correccional in its medium period. If committed
2. When it is through simple imprudence or negligence, the
committed by mistake penalty is arresto mayor in its medium and
(Article 249) minimum periods (Art. 365 [criminal negligence]
in relation to Art. 246)
3. When it is
committed under 8. Parricide by mistake is penalized in relation to
exceptional Art. 49. The law does not require knowledge of
circumstances relationship
(Article 247)
9. A stranger who cooperates in parricide will not
be guilty of parricide by only homicide or murder
 Crime Elements Important Points to Remember Penalty

DEATH OR 1. That a legally 1. Required to be a legally married person Destierro – if

PHYSICAL married person or a 2. The accused charged with the killing of his/her accused killed or
INJURIES parent surprises his spouse and/or paramour cannot enter into a inflicted serious
INFLICTED spouse or his daughter, conditional plea of guilty and be sentenced to physical injuries
UNDER the latter under 18 years destierro. The Court must receive evidence on the on spouse or
EXCEPTIONAL of age circumstances surrounding the killing. other person
CIRCUMSTANCES and living with him, in 3.The article does not seem to require that the parent
the act of committing be legitimate, it requires only that she is under 18 Exempt from
Art. 247. Any legally sexual and that she is living with her parents. punishment – if
married person who intercourse with another 4. The article does not apply to a married daughter, inflicted physical
having surprised his person because while under 18 years old and single, she is injuries are other
spouse in the act of under parental authority. than serious
committing sexual 2. That he or she kills 5. Surprising the spouse or daughter in ACT of
intercourse with any or both, of them or committing sexual intercourse an indispensable This article does
another person, shall inflicts upon requisite. not define and
kill any of them or any or both of them any 6. This article is not applicable when the penalize a
both of them in the serious physical injury accused did not see his spouse in the act of penalty
act or immediately in the act sexual intercourse with another person. It is enough
thereafter, or shall or immediately however that the circumstances show reasonably that Destierro is
inflict upon them any thereafter the carnal act is being committed or has just been intended to
serious physical committed protect spouse
injury, shall suffer the 3. That he has not 7. The provision does not include merely sleeping on from reprisals by
penalty of destierro. promoted or facilitated the same bed, neither when found after the act was relatives of
the prostitution of done. deceased spouse
If he shall inflict his wife or daughter, or 8. The killing or inflicting of injuries must be:
upon them physical that he or she had not (a) while in the act of sexual intercourse or, if not,
injuries of any other consented because they were able to run away (2) immediately
kind, he shall be to the infidelity of the after surprising them in the act of sexual intercourse.
exempt from other spouse 9. Article 247 applies only when spouse surprises
punishment. other spouse in flagrant adultery
(An absolutory cause) 10. The killing of the spouse by accused must be by
These rules shall reason of having surprised her in the act of sexual
be applicable, under intercourse with another person and the direct by-
the same product of the accused’s rage
circumstances, to 11. The discovery, the escape, the pursuit and the
parents with respect killing must all form part of one continuous act.
to their daughters 12. The provision does not say that the accused
under eighteen years should commit the killing instantly after surprising
of age, and their his spouse in the act of intercourse. It only requires
seducer, while the that the death cause be the proximate result of the
daughters are living outrage overwhelming the accused after chancing
with their parents. upon the spouse in the basest act of infidelity. But
the killing should have been motivated by the same
Any person who blind impulse, and must not have been influenced by
shall promote or external factors.
facilitate the 13. No criminal liability if physical injuries are less
prostitution of his serious or slight
wife or daughter, or 14. Accused cannot be held liable for injuries
shall otherwise have sustained by 3rd persons as a result thereof, since he
consented to the was NOT committing a felony. The general rule is,
infidelity of the other the one who is committing an offense is liable for all
spouse shall not be the consequences of his act, the rule presupposes that
entitled to the the act done amounts to a felony.
benefits of this 15. The benefits of this Article are not extended to
article. the accused who promoted or facilitated the
prostitution of his wife or daughter or who otherwise
consented to the infidelity of the other spouse.
 Crime Elements Important Points to Remember Penalty

MURDER 1. That a person was Rules for application of the circumstances which qualify the killing to reclusion
killed murder: perpetua to
Art. 248. Any 2. That the accused (a) Murder will exist with only one of the circumstances described in Article death
person who, not killed him 248
falling within the 3. That the killing (b) When the other circumstances are absorbed or included in one qualifying
provisions of was attended by any circumstance, they cannot be considered as generic aggravating
Article 246 shall kill of the qualifying (c) Any of the qualifying circumstances enumerated in Article 248 must be
another, shall be circumstances ALLEGED in the information
guilty of murder and mentioned in Article
shall be punished by 248 Treachery (Alevosia)
reclusion perpetua 4. The killing is not Instances:
to death, if parricide or (a) the crime committed was against persons
committed with any infanticide (b) the offender employed means, methods or forms which tend to ensure the
of the following execution of the crime intended
attendant Qualifying (c) the offender consciously adopted the particular means, method or form
circumstances: Circumstances: employed by him
1. With treachery, 1. With treachery, (d) the victim was not in the position to defend himself at the time of the attack
taking advantage of taking advantage of (the attack was sudden unexpected and without warning)
superior strength, superior strength, (e) the attack was employed without risk to the aggressor arising from the
with the aid of with the aid of defense the victim may make.
armed men, or armed men, or
employing means to employing means to Abuse of Superior Strength
weaken the defense weaken the defense, - Use of purposely excessive force out of proportion to the defense available to
or of means or or of means or the person attacked
persons to insure or persons to insure or - To qualify the killing to murder, superior strength must be taken advantage of
afford impunity. afford impunity
2. In consideration 2. In consideration Aid of Armed Men
of a price, reward, of a price, reward or - The armed men must take part in the commission of the crime directly or
or promise. promise indirectly and the accused must avail himself of their aid or rely upon them
3. By means of 3. By means of when the crime is committed
inundation, fire, inundation, fire,
poison, explosion, poison, explosion, In Consideration of a Price, Reward or Promise
shipwreck, shipwreck, - The perpetrator is a principal by direct participation while the one who
stranding of a stranding of vessel, provided payment, reward or a promise is a principal by inducement
vessel, derailment derailment or
or assault upon a assault upon a Use of Poison
street car or railroad, fall of an - The use of poison became inherent in murder only when the offender has the
locomotive, fall of airship, by means of intent to kill the victim
an airship, by means motor vehicles, or - “by means” presupposes an objective to bring about a result
of motor vehicles, with the use of any
or with the use of other means Evident Premeditation
any other means involving great Requisites:
involving great waste and ruin (1) the time when the offender determined to commit the crime
waste and ruin. 4. On occasion of (2) an act manifestly indicating that the offender has clung to his determination
4. On occasion of any of the (3) A sufficient lapse of time between the determination and execution to allow
any of the calamities him to reflect upon the consequences of his act and to allow his conscience to
calamities enumerated in the overcome the resolution of his will
enumerated in the preceding
preceding paragraph, or of an Cruelty
paragraph, or of an earthquake, eruption Requisites:
earthquake, eruption of a (1) the injury caused deliberately increased by causing other wrong
of a volcano, volcano, destructive (2) the other wrong be unnecessary for the execution of the purpose of the
destructive cyclone, cyclone, great waste offender
epidemic or other and ruin
public calamity. 5. With evident Outraging – commit an extremely vicious or deeply insulting act
5. With evident premeditation
premeditation. 6. With cruelty, by Scoffing – jeer, and implies a showing of irreverence
6. With cruelty, by deliberately and
deliberately and inhumanly Note:
inhumanly augmenting the 1. The offender must have intent to kill to be
augmenting the suffering of the liable for murder committed by means of
suffering of the victim, or outraging fire, or other means enumerated in par. 3 of
victim, or outraging or scoffing at his Article 248
or scoffing at his person or corpse 2. The voluntary presence of the circumstances in par. (1), (2), (4), (5) and (6)
person or corpse. of Art. 248 qualifies murder, even in the absence of intent to kill.
3. Killing of a child of tender age is murder.
4. Treachery and premeditation are inherent in murder by poison and cannot be
considered as an aggravating circumstance.
5. When the intention of accused was merely to sexually excite a woman, and
not to kill her, the crime is homicide.
 Crime Elements Important Points to Remember Penalty

HOMICIDE 1. That a person Homicide – unlawful killing of any person, which is neither reclusion
is killed parricide, murder nor infanticide temporal
Art. 249. Any
person who, not 2. That the Accidental Homicide – death of a person brought about by a Penalty for
falling within accused killed lawful act performed with proper care and skill, and without homicide will be
the provisions him without any homicidal intent one degree
of Article 246, justifying higher when the
shall kill circumstances Corpus Delicti – actual commission of the crime charged; means victim is under
another without that the crime was actually perpetrated, and does not refer to the 12 years of age –
the attendance 3. That the body of the murdered person reclusion
of any of the accused had the *In all crimes against persons in which the death of the victim is an perpetua
circumstances intention to kill, element of the offense, there must be satisfactory evidence of:
enumerated in which is (1) the fact of death and (2) the identity of the victim
the next presumed
preceding Note:
article, shall be 4. That the 1. Intent to kill is conclusively presumed when death results
deemed guilty killing was not because the penal laws look particularly to the material results
of homicide and attended by any following the unlawful act and holds the aggressor responsible for
be punished by of the qualifying all the consequences thereof.
reclusion circumstances of
temporal. murder, or by 2. Evidence of intent to kill is important only in attempted or
that of parricide frustrated homicide. If there is no intent to kill, the offender is only
or infanticide liable for physical injuries.

3. Intent is usually shown by the kind of weapon used by the

offender and parts of the victim’s body at which the weapon is
aimed, as shown by the wounds inflicted.

4. Intent to kill must be proven beyond reasonable doubt

5. The offender is liable for all the consequences of his act. Hence,
the death of the victim due to his refusal to be operated on is NOT a
defense (Doctrine of Proximate Cause)

6. There is no offense of frustrated homicide through imprudence.

The element of intent to kill in frustrated homicide is incompatible
with negligence or imprudence.

7. Where the wounds that caused death were inflicted by two

different persons, even if they were not in conspiracy, each of them
is guilty of homicide.
- The burden of proof is on each of the defendants to show that
the wound inflicted by him did not cause death
- The one who inflicted a wound that contributed to the death of
the victim is equally liable
- The ruling is only applicable in the absence of conspiracy
between the perpetrator; otherwise the act of one is the act of all.

8. Where the killing results from the use of an unlicensed firearm,

the crime is no longer qualified illegal possession of firearm, but
murder or homicide as the case may be. The use of unlicensed
firearm is no longer considered as a separate crime but a mere
aggravating circumstances (RA No. 8294 amending PD No. 1866)
 Crime Elements Important Points to Remember Penalty

Article 250. Penalty Attempted Stage
for frustrated (a) offender commences the
parricide, murder or commission of the felony
homicide. – The courts, directly by overt acts
in view of the facts of (b) does not perform all acts of
the case, may impose execution which should produce
upon the person guilty felony
of the frustrated crime (c) non-performance of all acts
of parricide, murder or of execution was due to cause or
homicide, defined and accident other than his
penalized in the spontaneous desistance
preceding articles, a
penalty lower by one Requisites
degree than that which (a) There be external acts
should be imposed (b) External acts have direct
under the provision of connection with the crime
Article 50. intended to be committed.
Frustrated Stage
(a) offender performs all acts of
execution which would produce
the felony as a consequence,
(b) but the felony is not
produced,
(d) non-accomplishment was by
reason of causes independent of
the will of the perpetrator.
1. This article is permissive, not Frustrated Parricide,
mandatory Murder or Homicide -
Penalty lower
2. Court may impose penalty 2 by one degree than that
degrees lower for frustrated which should be imposed
parricide, murder or homicide under
provisions of Article 50
3. Court may impose penalty 3
degrees lower for attempted
parricide, murder or homicide
4. An attempt against the life of
the Chief Executive, any member
of his family, or any member of
his cabinet or any member the
latter’s family shall suffer the
penalty of reclusion perpetua to
death.
Attempted Parricide,
Murder or Homicide –
Penalty lower
by one under provisions of
Article 51

Requisites:
(a) the offender performs all acts
of execution, which would
produce the felony
(b) the felony is not produced
due to causes independent of the
perpetrator’s will.

Consummated Stage – all the

elements necessary for execution
and accomplishment of felony
are present.
 Crime Elements Important Points to Penalty
Remember

DEATH CAUSED IN A
TUMULTUOUS AFFRAY
Art. 251. When, while several
persons, not composing of
groups organized for the
common purpose of assaulting
and attacking each other
reciprocally, quarrel and assault
each other in a confused and
tumultuous manner, and in the
course of the affray someone is
killed, and it cannot be
ascertained who actually killed
the deceased, but the person or
persons who inflicted serious
physical injuries can be
identified, such person or
persons shall be punished by
prision mayor.
If it cannot be determined
who inflicted the serious
physical injuries on the
deceased, the penalty of prision
correccional in its medium and
maximum periods shall be
imposed upon all those who
shall have used violence upon
the person of the victim.
1. That there be several Tumultuous Affray –
persons disturbance caused by more than
three persons who are armed or
2. That they did not are provided with means of
compose groups violence
organized for the
common purpose of Note:
assaulting and attacking 1. When there are two identified
each other groups of men who assaulted
reciprocally each other, then there is no
tumultuous affray
3. That there several
persons quarreled and 2. The person killed in the
assaulted one another in course of the affray need not be
a confused and one of the participants in the
tumultuous manner affray (can be a third person or a
bystander)
4. That someone was
killed in the course of 3. If the one who inflicted the
the affray fatal wound is known, the crime
is NOT homicide in tumultuous
5. That it cannot be affray but HOMICIDE under
ascertained who Article 249 against the one who
actually killed the inflicted the
deceased fatal wound
6. That the person or 4. The serious physical injuries,
persons who inflicted if inflicted by one of the
serious physical injuries participants, should not be the
or who used violence cause of the death of the
can be identified deceased
prision mayor – person(s)
who is identified to have had
inflicted serious physical
injuries when the person
who killed the victim cannot
be ascertained
prision correccional in its
medium and maximum
periods – person(s) who had
used violence upon the
deceased when neither the
person who had killed or
had inflicted serious
physical injuries to the
victim
Persons Liable for Death
in Tumultuous Affray:
1. Person(s) who inflicted
the serious physical injuries
2. If 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

PHYSICAL INJURIES
INFLICTED IN A
TUMULTUOUS AFFRAY
Art. 252. When in a tumultuous
affray as referred to in the
preceding article, only serious
physical injuries are inflicted
upon the participants thereof and
the person responsible thereof
cannot be identified, all those
who appear to have used
violence upon the person of the
offended party shall suffer the
penalty next lower in degree
than that provided for the
physical injuries so inflicted.
When the physical injuries
inflicted are of a less serious
nature and the 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.
1. That there is a 1. Victim must be one or some penalty next lower in degree
tumultuous affray as of the participants in the affray than that provided for the
referred to in the physical injuries so inflicted
preceding article 2. Only the one who used –
violence is liable because if the person(s) who used violence
2. That a participant(s) one who caused the physical upon the victim when the
thereof suffers serious injury is known, he shall be person responsible for
physical injuries or liable for the physical injuries inflicting the serious
physical injuries of a inflicted. physical injury cannot be
less serious nature only identified
3. Slight physical injury is
3. That the person excluded in the punishable arresto mayor from five to
responsible therefore offense in a tumultuous affray fifteen days – person(s) who
cannot be identified used violence upon the
victim when the person
4. That all those who responsible for inflicting the
appear to have used less serious physical injury
violence upon the cannot be identified
person of the offended
party is known
 Crime
GIVING ASSISTANCE
TO SUICIDE
Art. 253. Any person who
shall assist another to commit
suicide shall suffer the
penalty of prision mayor; if
such person leads his
assistance to another to the
extent of doing the killing
himself, he shall suffer the
penalty of reclusion
temporal. However, if the
suicide is not consummated,
the penalty of arresto mayor
in its medium and maximum
periods, shall be imposed.
DISCHARGE OF
FIREARMS
Art. 254. Any person who
shall shoot at another with
any firearm shall suffer the
penalty of prision
correccional in its minimum
and medium periods, unless
the facts of the case are such
that the act can be held to
constitute frustrated or
attempted parricide, murder,
homicide or any other crime
for which a higher penalty is
prescribed by any of the
articles of this Code.
Elements Important Points to Remember Penalty
Acts Punishable as Euthanasia – practice of painlessly prision mayor –
Giving Assistance to putting person(s) who assist in
Suicide: to death a person suffering from some suicide
1. By assisting another incurable disease
to commit suicide, reclusion temporal –
whether the Note: person(s) who assist in
suicide is consummated 1. A pregnant woman who tried to the suicide to the extent
or not commit suicide by means of poison, but of doing the killing
instead of dying, the fetus in her womb himself
2. By lending his was expelled is
assistance to another to NOT liable for abortion arresto mayor in its
commit suicide to the – in order to incur criminal liability for medium and maximum
extend of doing the the result not intended, one must be periods – when suicide
killing himself committing a felony but an attempt to is not consummated
commit suicide is not a felony
2. Assistance to suicide is different
from mercy killing as euthanasia is not
lending assistance to suicide. In
euthanasia, the person killed
does not want to die but was suffering
from an incurable disease
3. A doctor who resorts to mercy
killing of his patient may be liable for
assisting suicide
1. That the offender 1. The purpose of offender is only to prision correccional in
discharges a firearm intimidate or frighten the offended its minimum and
against or at another party. There must be no intention to kill medium periods
person
2. If the firearm is NOT discharged at a
2. That the offender has person, the crime of discharge of
no intention to kill that firearm is not consummated
person
3. If the shot was fired at random, the
crime is Alarm and Scandal under
Art. 155.
4. If the illegal discharge of firearm hit
and wounded the offended party, the
felony is complex crime of illegal
discharge of firearm with serious or
less serious physical injuries
– Exception: slight physical injuries;
light felony cannot be complexed with
grave and less grave felonies
5. The crime is committed even if the
gun was not aimed at a person when
fired as long as it was initially directed
against the offended party
6. A public officer who fires his
revolver in the air in order to capture
some gamblers and to prevent them
from escaping is NOT guilty of this
crime
Section Two. — Infanticide and abortion
Crime
INFANTICIDE
Art. 255. The penalty
provided for parricide in
Article 246 and for
murder in Article 248
shall be imposed upon
any person who shall kill
any child less than three
days of age.
If the crime penalized in
this article be committed
by the mother of the child
for the purpose of
concealing her dishonor,
she shall suffer the
penalty of prision
correccional 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 prision mayor.
Elements
1. That a child was killed
2. That the deceased child was
less than 3 days (72 hours) of
age
3. That the accused killed the said
child
Important Points to Remember Penalty
Infanticide – killing of any child reclusion perpetua to
less than three days of age, death –
whether the killer is the parent or any other person
grandparent, any other (either relative of the
relative of the child, or a stranger child or a stranger)
who shall kill any
Note: child less than three
1. The penalty is for parricide or days of age
murder, but the name of the crime is
always infanticide prision correccional
a. Father or mother or legitimate in its medium and
ascendant who kills child of less maximum periods -
than 3 days old to suffer penalty of committed by the
parricide mother of the child
b. Other persons who kills a child for the purpose of
less than 3 days old to suffer the concealing her
penalty for dishonor
murder
prision mayor –
2. Concealing dishonor is not an committed by the
element of infanticide but it maternal grandparents
mitigates the liability of mother or of the child for the
maternal grandparents purpose of concealing
Reason for mitigating the mother’s dishonor
circumstance:
obfuscation for fear of dishonor
3. Delinquent mother who claim
concealing dishonor must be of
good reputation; otherwise (i.e.
prostitute) she has no honor,
therefore does not benefit from the
mitigating circumstance
4. There is no crime of infanticide is
committed where the child was born
dead, or although born alive but
could not sustain an independent
life when it was killed
5. A fetus about 6 months old
cannot subsist by itself, outside the
maternal womb
 Crime
INTENTIONAL
ABORTION
Art. 256. Any person who
shall intentionally cause an
abortion shall suffer:
1. The penalty of reclusion
temporal, if he shall use any
violence upon the person of
the pregnant woman.
2. The penalty of prision
mayor if, without using
violence, he shall act without
the consent of the woman.
3. The penalty of prision
correccional in its medium
and maximum periods, if the
woman shall have consented.
UNINTENTIONAL
ABORTION
Art. 257. The penalty of
prision correccional in its
minimum and medium period
shall be imposed upon any
person who shall cause an
abortion by violence, but
unintentionally.
Elements
1. That there is a pregnant
woman
2. That violence is exerted,
or drugs or beverages
administered, or that the
accused otherwise acts
upon such pregnant
woman
3. That as a result of the use
of violence or drugs or
beverages upon her, or
any other act of the
accused, the fetus dies,
either in the womb or after
having been expelled
therefrom
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 (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
1. That there is a pregnant
woman
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
Important Points to Remember Penalty
Abortion – willful killing of the reclusion temporal – if
fetus in the uterus, or the violent the offender shall use
expulsion of the fetus from the any violence upon the
maternal womb which results in person of the pregnant
death of the fetus (before the 6th woman
month or before the term of its
viability or capability to sustain prision mayor – if,
life or even in full term) without using violence,
offender shall act
Abortion distinguished from without the consent of
Infanticide the woman
a. Infanticide – if fetus can
sustain an prision correccional
independent life after its separation medium and maximum
from – if the woman shall
the maternal womb, and is killed have consented
b. Abortion – otherwise
Persons Liable for
Note: Intentional Abortion
1. If the abortion is intended and a. Person who
the fetus survives, the crime is intentionally caused
either attempted or frustrated abortion
intentional abortion – under Article
2. If abortion is unintended, in 256
spite of violence intentionally b. Woman, if she
exerted, the crime may only be consented
physical injuries, in view of the – under Art. 258
lack of intention to cause
abortion,
1. This crime is committed only prision correccional in
by violence (actual physical its minimum and
force) intentionally exerted medium period
2. There is unintentional abortion
thru imprudence
3. as the author of the abuse which
cause the miscarriage, the
offender is not only liable for
maltreatment but also for the
consequences thereof, even if
he did not know that the woman
was pregnant (doctrine of
proximate cause)
4. The crime shall be complex
crime of homicide or murder, as
the case may be, with
unintentional abortion when
both the mother and the fetus
died.
5. Article 257 does not apply
when there is no intent to cause
abortion and there is no
violence inflicted
 Crime
ABORTION PRACTICED
BY THE WOMAN
HERSELF OR BY HER
PARENTS
Art. 258. The penalty of
prision correccional in its
medium and maximum
periods shall be imposed
upon a woman who shall
practice abortion upon herself
or shall consent that any
other person should do so.
Any woman who shall
commit this offense to
conceal her dishonor, shall
suffer the penalty of prision
correccional in its minimum
and medium periods.
If this crime be committed
by the parents of the pregnant
woman or either 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.
ABORTION PRACTICED
BY A PHYSICIAN OR
MIDWIFE AND
DISPENSING OF
ABORTIVES
Art. 259. The penalties
provided in Article 256 shall
be imposed in its maximum
period, respectively, upon
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 shall suffer
arresto mayor and a fine not
exceeding 1,000 pesos.
Elements
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
b)any other person, with her
consent
c) any of her parents, with
her consent, for the
purpose of concealing her
dishonor
Cases Covered
1. Abortion committed by
woman upon herself or by
any other person with her
consent
2. Abortion by the woman
upon herself to conceal her
dishonor
3. Abortion by any of the
parents of the woman with
the latter’s consent to conceal
her dishonor
Elements for Physician or
Midwife
1. That there is a pregnant
woman who has 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
4. That said physician or
midwife takes advantage of
his or
her scientific knowledge or
skill
Elements for Pharmacists:
1. That the offender is a
pharmacist
2. That there is no proper
prescription from a physician
3. That the offender
dispenses any abortive
Important Points to Remember Penalty
1. Woman is liable: prision correccional in
a. when she shall practice an medium and maximum
abortion upon herself periods –
b. when she shall consent that (1) woman who
any other person should do so practices abortion on
herself
2. Liability of pregnant woman is (2) parents of the
mitigated if purpose is to conceal woman or either of
dishonor them to conceal
dishonor
3. There is no mitigation for parents
of pregnant woman even if the prision correccional in
purpose is to conceal dishonor, minimum and
unlike in infanticide. medium periods – any
woman who does it to
conceal dishonor
1. Reason for penalty upon Penalties provided for
physician or midwife: use of in Article 256 in
knowledge for destruction of human maximum period upon
life, where it should only be used any physician or
for preservation midwife who takes
advantage of his
2. It is not necessary that the scientific knowledge
pharmacist knows that the abortive or skill:
would be used to cause an abortion, a) reclusion temporal –
what is punished is the act of if the offender shall
dispensing abortive without proper use any violence
prescription; upon the person of
the pregnant woman
3. The crime is committed even of b)prision mayor – if,
the abortive is not actually used without using
violence, offender
4. If the pharmacists knew that the shall act without the
abortive shall be used to cause consent of the
abortion and abortion resulted from woman
the used thereof, offender shall be c) prision correccional
charged as an accomplice in the medium and
crime of abortion. maximum – if the
woman shall have
consented
 arresto mayor and a
fine not exceeding
P1,000 – pharmacist

Section Three. — Duel

Crime Elements Important Points to Remember Penalty

RESPONSIBILITY Acts Punishable in Duel: Duel – formal or regular combat reclusion temporal – if
OF PARTICIPANTS 1. By killing one’s adversary in previously concerted offender killed his
IN A DUEL duel between two parties in the presence adversary
2. By inflicting upon such of two or more seconds
Art. 260. The penalty adversary physical injuries of lawful age on each side, who penalty provided for
of reclusion temporal 3. By making a combat although makes the selection of arms the injury inflicted
shall be imposed upon no physical injuries have and fix all other conditions of the (according to the
any person who shall been inflicted fight nature) – in
kill his adversary in a case where victim only
duel. Note: suffered physical
1. If death results, the penalty is the injuries
If he shall inflict same as that for homicide because
upon the latter physical when death results, intent to kill is arresto mayor –
injuries only, he shall conclusively presumed. combatants, although
suffer the penalty no physical injuries
provided therefor, 2. General principle: when there is have been inflicted
according to their intent to kill, the inflicting of
nature. physical injuries is either Persons Liable
attempted or frustrated homicide 1. The person who
In any other case, killed or inflicted
the combatants shall 3. The code disregards the intent to physical injuries upon
suffer the penalty of kill in considering the penalty for his adversary, or both
arresto mayor, duel when only physical injuries are combatants in any
although no physical inflicted upon the adversary other case, as
injuries have been principals
inflicted.
2. The seconds, as
The seconds shall in accomplices
all events be punished
as accomplices.

CHALLENGING Acts Punished under this Article:  A challenge to fight without Persons Responsible
TO A DUEL 1. By challenging another to a duel contemplating a duel is not Under this Article:
2. By inciting another to give or challenging to duel. The person 1. Challenger
Art. 261. The penalty accept a challenge to a duel making the challenge must have 2. Instigator
of prision correccional 3. By scoffing at or decrying in mind a formal combat to be
in its minimum period another publicly for having consented between him and the
shall be imposed upon refused to accept a challenge to one challenged in the presence of
any person who shall fight a duel two or more seconds.
challenge another, or
incite another to give or
accept a challenge to a
duel, or shall scoff at or
decry another publicly
for having refused to
accept a challenge to
fight a duel.
Chapter Two. Physical Injuries

Crime Elements Important Points to Remember Penalty

MUTILATION 1. By intentionally mutilating another Mutilation – lopping or clipping off reclusion

Art. 262. The penalty of
reclusion temporal to
reclusion perpetua shall be
imposed upon any person
who shall intentionally
mutilate another by
depriving him, either totally
or partially, or some
essential organ of
reproduction.
Any other intentional
mutilation shall be punished
by prision mayor in its
medium and maximum
periods.
by depriving him, of some part of the body temporal to
either totally or partially, of some reclusion
essential organ for Mayhem – other intentional perpetua –
reproduction mutilation essential organ
a) That there be castration for reproduction
(mutilation of organs necessary Art. 263
for generation such as a penis or par [1] – offender becomes impotent prision mayor in
ovarium) par [2] – offender lost any other medium and
b) That the mutilation is caused body parts/ organs maximum –
purposely or deliberately, that is, other mutilation
to deprive the offended party of Note:
some essential organ for 1. Mutilation of the first kind is *The penalty
reproduction castration which must be made shall be one
purposely. degree higher
2. By intentionally making other 2. The offender must have the than that
mutilation, that is, by lopping or intention to deprive the offended imposed by law
clipping off any part of the body of party of a part of his body (reclusion
the offended party, other than the (deliberate purpose of depriving the perpetua) when
essential organ for reproduction, to victim of that part of his body the victim is
deprive him of that part of his body. 3. If, by reason of an injury or under 12 years
attack, a person is deprived of the of age.
organs of generation, the act, though
voluntary, not being intentional to
that end, would not come under this
provision.

SERIOUS PHYSICAL
INJURIES
Art. 263. Any person who
shall wound, beat, or assault
another, shall be guilty of
the crime of serious
physical injuries and shall
suffer:
1. The penalty of prision
mayor, if in consequence of
the physical injuries
inflicted, the injured person
shall become insane,
imbecile, impotent, or blind;
2. The penalty of prision
correccional in its medium
and maximum periods, if in
consequence of the physical
injuries inflicted, the person
injured shall have lost the
use of speech or the power
to hear or to smell, or shall
have lost an eye, a hand, a
foot, an arm, or a leg or
shall have lost the use of
any such member, or shall
1. When the injured person becomes
insane, imbecile, impotent or blind in
consequence of the physical injuries
inflicted.
2. When 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) loses the use of any such
member, or
(c) becomes incapacitated for the
work in which we were theretofore
habitually engaged, in consequence
of the physical injuries inflicted.
3. When the person injured –
(a) becomes deformed, or
(b) loses any other member of his
body, or
(c) loses the use thereof, or
(d) becomes ill or incapacitated
for the
performance of the work in which he
was habitually engaged for more than
90 days, in consequence of the
physical injuries inflicted.
4. When the injured person becomes
ill or incapacitated for labor for more
than 30 days (but must not be more
1. Committed by wounding, The penalty
beating, assaulting or (Art. 264) shall be
administering injurious substance reclusion
2. May be committed by reckless perpetua when
imprudence, or by simple the victim is
imprudence or negligence under Art under 12 years
365 (criminal negligence) in relation of age
to Art. 263, when due to lack of
precaution, an injury is inflicted. Simple SPI
3. There must not be intent to kill Par [1] - prision
mayor
Paragraph [1]
o Impairment must be permanent Par [2] - prision
a) Insanity - complete deprivation correccional in
of intelligence or reason its medium and
b) Imbecility – having a mental maximum
development comparable to that periods
of children despite being
advanced in age
c) Impotence – inability to copulate
and loss of power to procreate
d) Blindness – loss of sight in both
eyes
Paragraph [2]
o Par [2] refers to principal
members of the body
o Par [2] requires only a loss of
one eye and loss of hearing,
have become incapacitated
for the work in which he
was therefor habitually
engaged;
Crime
3. The penalty of prision
correccional in its minimum
and medium periods, if in
consequence of the physical
injuries inflicted, the person
injured shall have become
deformed, or shall have lost
any other part of his body,
or shall have lost the use
thereof, or shall have been
ill or incapacitated for the
performance of the work in
which he as habitually
engaged for a period of
more than ninety days;
4. The penalty of arresto
mayor in its maximum
period to prision
correccional in its minimum
period, if the physical
injuries inflicted shall have
caused the illness or
incapacity for labor of the
injured person for more than
thirty days.
If the offense shall have
been committed against any
of the persons enumerated
in Article 246, or with
attendance of any of the
circumstances mentioned in
Article 248, the case
covered by subdivision
number 1 of this Article
shall be punished by
reclusion temporal in its
medium and maximum
periods; the case covered by
subdivision number 2 by
prision correccional in its
maximum period to prision
mayor in its minimum
period; the case covered by
subdivision number 3 by
prision correccional in its
medium and maximum
periods; and the case
covered by subdivision
number 4 by prision
correccional in its minimum
and medium periods.
The provisions of the
preceding paragraph shall
not be applicable to a parent
who shall inflict physical
than 90 days), as a result of the meaning both ears
physical injuries inflicted. o Incapacity of usual work must be
permanent
Elements Important Points to Remember Penalty
Classes of Serious Physical Paragraph [3] Par [3] - prision
Injuries: o Covers any member which is not correccional in
(a) consequences of the principal part of the body its minimum
injuries inflicted, o It is a serious physical injury and medium
(b) nature and character of the wound when the offended party periods
inflicted, becomes deformed:
(c) the proper penalty (a) physical ugliness Par [4] - arresto
(b) permanent and definite mayor in its
Qualified Serious Physical Injury abnormality maximum
(1) committed against any of the (c) conspicuous and visible period to
persons enumerated in Article 246 o The deformity repaired not by prision
[parricide] action of nature, although may correccional in
(2) with attendance of any of the lessen the disfigurement, is still its minimum
circumstances mentioned in Article punishable period
248 [murder] o Incapacity must show that the
physical injury has rendered the
offended party incapable of Qualified SPI
Physical Injuries Distinguished working in the fields which was Par [1] -
from Attempted or Frustrated the occupation in which was the reclusion
Homicide: occupation in which at the time temporal in its
a. In both, the offender inflicts he had been habitually engaged - medium and
physical injuries, however, homicide - par. [2] and [3] maximum
may be committed, even if no o There is illness for a certain periods
physical injuries are inflicted period of time, when the wound
b. There is no intent to kill in inflicted did not heal within that Par [2] - prision
physical injuries period – (par. [3] 90 days; par. correccional in
[4] 30 days) its maximum
o In par [2] and [3], offended party period to
Ordinary Physical Injuries must have an avocation or work prision mayor
Distinguished from at the time of the injury in its minimum
Mutilation: period
1. Mutilation – must have been Paragraph [4]
caused purposely and o Par [4] speaks of incapacity for Par [3] - prision
deliberately correccional in
any kind of labor
2. Physical Injuries –intention is not its medium and
present maximum
Note:
periods
o Medical attendance is not
important in serious physical Par [4] - prision
injuries correccional in
o Injury requiring hospitalization its minimum
for more than 30 days is serious and medium
physical injury periods
o 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
o Lessening of efficiency is not
incapacity
o If the offense is committed
against any of the person
enumerated in Art. 246
(parricide) or with attendance of
injuries upon his child by any of the circumstances
excessive chastisement. mentioned in Art. 248 (murder),
the law provides higher penalty.
o Serious physical injuries by
excessive chastisement by
parents is not qualified.

Crime Elements Important Points to Penalty

Remember

ADMINISTERING INJURIOUS 1. That the offender 1. knowingly Penalties established by the

SUBSTANCES OR BEVERAGES
Art. 264. The penalties established by
the next preceding article shall be
applicable in the respective case to any
person who, without intent to kill, shall
inflict upon another any serious
physical injury, by knowingly
administering to him any injurious
substance or beverages or by taking
advantage of his weakness of mind or
credulity.
inflicted upon another administering is an
any serious essential element. If the
physical injury accused did not know the
injurious nature of the
2. That it was done by substance, he is not
knowingly liable
administering to him
any 2. Administering
injurious substance or injurious substance
beverages or by taking means introducing into
advantage the body the substance
of his weakness of
mine or credulity 3. This article does not
apply when the physical
3. That he had no injuries that result are
intent to kill less serious or slight
4. Taking advantage of
weakness or credulity
may take place in case of
witchcraft, philters,
magnetism, etc.
5. The crime shall be
frustrated murder if
intent to kill is attendant
next preceding article
Simple SPI
Par [1] - prision mayor
Par [2] - prision correccional
in its medium and maximum
periods
Par [3] - prision correccional
in its minimum and medium
periods
Par [4] - arresto mayor in its
maximum period to prision
correccional in its minimum
period
Qualified SPI
Par [1] - reclusion temporal in
its medium and maximum
periods
Par [2] - prision correccional
in its maximum period to
prision mayor in its minimum
period
Par [3] - prision correccional
in its medium and maximum
periods
Par [4] - prision correccional
in its minimum and medium
periods

LESS SERIOUS PHYSICAL Attendance of one Matters to Note: arresto mayor – simple LSPI
INJURIES (1) inability to work (a) That the offended
(2) necessity for party is incapacitated for arresto mayor and fine not
Art. 265. Any person who shall inflict medical attendance labor for 10 days or exceeding 500 pesos – par [2]
upon another physical injuries not more (but not more than
described in the preceding articles, but Qualified Less 30), or needs medical prision correccional in its
which shall incapacitate the offended Serious Physical attendance for same minimum and medium periods
party for labor for ten days or more, or Injuries period of time – par [3]
shall require medical assistance for the 1. Paragraph [2]: (b) That the physical
same period, shall be guilty of less a) there is manifest injuries must not be
serious physical injuries and shall intent to insult or those described in the
suffer the penalty of arresto mayor. offend the injured preceding articles
Whenever less serious physical person
injuries shall have been inflicted with b) there are Note:
the manifest intent to kill or offend the circumstances 1. Medical attendance or
injured person, or under circumstances adding ignominy incapacity is required
adding ignominy to the offense in to the offense 2. It is only slight
addition to the penalty of arresto physical injury when
mayor, a fine not exceeding 500 pesos 2. Paragraph 3: there is no medical
shall be imposed. a) the offender’s attendance or incapacity
Any less serious physical injuries parents, ascendants, for labor
inflicted upon the offender's parents, guardians, curators 3. Actual medical
ascendants, guardians, curators, or teachers attendance is required
teachers, or persons of rank, or persons b) persons of rank or 4. There must be proof
in authority, shall be punished by persons in as to the period of the
prision correccional in its minimum authority, provided required medical
and medium periods, provided that, in the crime is not attendance or illness of
the case of persons in authority, the direct assault more than 10 days
deed does not constitute the crime of
assault upon such person.

Crime Elements Important Points to Remember Penalty

SLIGHT PHYSICAL
INJURIES AND
MALTREATMENT
Art. 266. The crime of slight
physical injuries shall be
punished:
1. By arresto menor when
the offender has inflicted
physical injuries which shall
incapacitate the offended
party for labor from one to
nine days, or shall require
medical attendance during
the same period.
2. By arresto menor or a fine
not exceeding 20 pesos and
censure when the offender
has caused physical injuries
which do not prevent the
offended party from engaging
in his habitual work nor
require medical assistance.
3. By arresto menor in its
minimum period or a fine not
exceeding 50 pesos when the
offender shall ill-treat another
by deed without causing any
injury.
Kinds of Slight Physical
Injuries:
1. Physical injuries which
incapacitated the offended
party for
labor from 1 to 9 days, or
required medical
attendance
during the same period
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
1. When there is no evidence of
actual injury, it is only slight
physical injuries
2. Physical injuries which do not
prevent the offended party
from engaging in his habitual
work or require medical
assistance are classified as
slight physical injuries
3. Physical injuries which
incapacitates the offended
party from working for nine
days and some hours without
amounting to 10 days is slight
physical injury
4. Example of paragraph 3 is
slapping the face of offended
party
5. Supervening event converting
the crime into serious physical
injuries after the filing of the
information for slight physical
injuries may still be the subject
of a new penalty
arresto menor – offended
party is incapacitated for
labor or require medical
attendance from one to nine
days
arresto menor or a fine not
exceeding 20 pesos and
censure - physical injuries
which do not prevent the
offended party from
engaging in his habitual
work nor require medical
assistance
arresto menor in its
minimum period or a fine
not exceeding 50 pesos -
offender shall ill-treat
another by deed without
causing any injury
 Republic Act 9262:
Anti-Violence Against Women and Their Children Act of 2004
Crime
SECTION 3. Definition of Terms. – As used in this Act:
(a) “Violence against women and their children” refers to
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, which
result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes,
but is not limited to, the following acts:
A. “Physical Violence” refers to acts that include bodily
or physical harm;
B. “Sexual violence” refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
a) Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim’s
body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child
to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the
abuser;
b) Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other
harm or coercion;
c) Prostituting the woman or child.
C. “Psychological violence” refers to acts or omissions
causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of
the right to custody and/or visitation of common children.
D. “Economic abuse” refers to acts that make or attempt
to make a woman financially dependent which includes,
but is not limited to the following:
1) Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of
the Family Code;
Acts of Violence
SECTION 5. Acts of Violence Against Women and Their
Children.- The crime of violence against women and their children
is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical
harm;
(e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her 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:
1) Threatening to deprive or actually depriving the woman or
her child of custody to her/his family;
2) 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;
3) Depriving or threatening to deprive the woman or her child
of a legal right; and
4) 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.
(f) Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions;
(g) 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;
(h) 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.
(i) 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.
2) Deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of
the conjugal, community or property owned in
common;
3) Destroying household property;
4) Controlling the victims’ own money or properties or
solely controlling the conjugal money or properties.
Protection Orders
SECTION 8. Protection Orders.– A protection order is an
order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified
in Sec. 5 of this Act and granting other necessary relief. The
relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any
disruption in the victim’s daily life, and facilitating the
opportunity and ability of the victim to independently regain
control over her life. The provisions of the protection order
shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO).
SECTION 9. Who may file Petition for Protection Orders. –
A petition for protection order may be filed by any of the
following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers
of local government units (LGUs);
(e) Police officers, preferably those in charge of women and
children’s desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the
petitioner;
(h) At least two (2) concerned responsible citizens of the city
or municipality where the violence against women and their
children occurred and who has personal knowledge of the
offense committed.
Penalty
SECTION 6. Penalties.– The crime of violence against
women and their children, under Sec. 5 hereof shall be
punished according to the following rules:
(a) Acts falling under Sec. 5(a) constituting attempted,
frustrated or consummated parricide or murder or homicide
shall be punished in accordance with the provisions of the
Revised Penal Code;
If these acts resulted in mutilation, it shall be punishable in
accordance with the Revised Penal Code; those constituting
serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall
be punished by prision correccional; and those constituting
slight physical injuries shall be punished by arresto mayor;
Acts falling under Sec. 5 (b) shall be punished by
imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than arresto
mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by
arresto mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision
correccional;
(d) Acts falling under Sec. 5(f) shall be punished by arresto
mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision
mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished
by prision mayor.
If the acts are committed while the woman or child is
pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty
prescribed in the Sec.
In addition to imprisonment, the perpetrator shall
(a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three
hundred thousand pesos (300,000.00);
(b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
Chapter Three. Rape

Crime Elements Important Points to Remember Penalty

Republic Act No. 8353 Paragraph [1] 1. Under the Anti-Rape Law, Rape committed
THE ANTI-RAPE LAW OF (1) Offender is a man offender may now be a male or under any of the
1997 (2) Offender had carnal female. 4 Circumstances:
knowledge of a woman 2. Only one of the four a. Par. 1 – RP
Article 266-A. When and How (3) Such act is accomplished circumstances is necessary b. Par. 2 – PM
Committed. - Rape is committed: under any of the ff 3. Resignation to consummated act
1. By a man who shall have carnal circumstance: is NOT consent Rape committed
knowledge of a woman under any of a) by using force or 4. Character of offended woman with use of
the following circumstances: intimidation; immaterial in rape deadly weapon
a) Through force, threat, or b)when the woman is or by 2 or more
intimidation; deprived of reason or Paragraph [1]: organ/ penile persons:
b) When the offended party is otherwise unconscious; rape – rape through carnal a. Par. 1 – RP
deprived of reason or otherwise
c) by means of fraudulent knowledge to death
unconscious;
machination or grave 1) In rape under par. [1], there b. Par. 2 – PM
c) By means of fraudulent
machination or grave abuse of abuse of authority; must be sexual intercourse. to RT
authority; and d) when the woman is under 2) The touching of the labia
d) When the offended party is under 12 years of age majora of the female genitalia Rape where
twelve (12) years of age or is e) demented (pudendum/vulva) constitutes victim becomes
demented, even though none of consummated rape. The labias insane:
the circumstances mentioned Paragraph [2] required to be touched by the a. Par. 1 – RP
above be present. (1) Offender commits an act penis are located beneath the to death
of sexual assault vaginal surface and to touch b. Par. 2 – RT
2) By any person who, under any of (2) That the act of sexual them with the penis is to attain
the circumstances mentioned in assault is committed by any some degree of penetration Attempted Rape
paragraph [1] hereof, shall commit of the following means: beneath the surface; not merely and Homicide:
an act of sexual assault by inserting a) by inserting his penis into stroking the external surface a. Par. 1 – RP
his penis into another person's mouth another person’s mouth or 3) Penetration of the penis by to death
or anal orifice, or any instrument or b) anal orifice; or entry into the lips of the vagina, b. Par. 2 – RT to
object, into the genital or anal orifice c) by inserting any even without rupture or RP
of another person. instrument or object into laceration of the hymen, is
the genital or anal orifice enough to justify conviction of Rape with
of another person rape. Homicide:
Article 266-B. PENALTY. - Rape
under paragraph 1 of the next (3) That the sexual act is 4) A broken hymen is not an a. Par. 1 –
preceding article shall be punished accomplished under the essential element od rape. death
by reclusion perpetua. circumstances mentioned in Penile invasion necessarily b. Par. 2 – RP
Whenever the rape is committed paragraph [1] entails contact with the labia,
with the use of a deadly weapon or but the proof of entrance of the Rape with
by two or more persons, the penalty male organ into the labia of the Aggravating
shall be reclusion perpetua to death. pudendum is sufficient. Circumstances:
a. Par. 1 –
When by reason or on the Paragraph [2]: death
occasion of the rape, the victim has instrument/object rape – b. Par. 2 – RT
become insane, the penalty shall rape by sexual assault
become reclusion perpetua to death. (also known as gender-free rape)
1) If there is no sexual intercourse
When the rape is attempted and a and only acts of lewdness are
homicide is committed by reason or performed, the crime may be
on the occasion thereof, the penalty rape through sexual assault
shall be reclusion perpetua to death.
under par. [2] or acts of
lasciviousness under Art. 336.
When by reason or on the
occasion of the rape, homicide is
2) Insertion of any instrument,
object or any part of the body
committed, the penalty shall be
death.
The death penalty shall also be
imposed if the crime of rape is
committed with any of the following
aggravating/qualifying
circumstances:
1) When the victim is under
eighteen (18) years of age and the
offender is a parent, ascendant,
step-parent, guardian, relative by
consanguinity or affinity within
the third civil degree, or the
common-law spouse of the parent
of the victim;
2) When the victim is under the
custody of the police or military
authorities or any law
enforcement or penal institution;
3) When the rape is committed in
full view of the spouse, parent,
any of the children or other
relatives within the third civil
degree of consanguinity;
4) When the victim is a religious
engaged in legitimate religious
vocation or calling and is
personally known to be such by
the offender before or at the time
of the commission of the crime;
5) When the victim is a child below
seven (7) years old;
6) When the offender knows that he
is afflicted with the Human
Immuno-Deficiency Virus
(HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or
any other sexually transmissible
disease and the virus or disease is
transmitted to the victim;
7) When committed by any member
of the Armed Forces of the
Philippines or para-military units
thereof or the Philippine National
Police or any law enforcement
agency or penal institution, when
the offender took advantage of
his position to facilitate the
commission of the crime;
8) When by reason or on the
occasion of the rape, the victim
has suffered permanent physical
mutilation or disability;
9) When the offender knew of the
pregnancy of the offended party
at the time of the commission of
the crime; and
10)When the offender knew of the
mental disability, emotional
Qualifying Circumstances:
1. When by reason or on
occasion of the rape, a
homicide is committed
2. When victim is under 18
and offender is parent,
ascendant, stepparent,
guardian, relative by
consanguinity or affinity
within 3rd civil degree, or
common-law spouse of
the parent of victim
3. When the victim is under
the custody of the police or
military authorities or any
law enforcement or penal
institution
4. When the rape is
committed in full view of the
husband, parent, any of the
children or other relatives
within the 3rd civil degree of
consanguinity
5. When the victim is a
religious engaged in
legitimate religious vocation
or calling and is personally
known to be such by the
offender before or at the time
of the commission of the
crime
6. When the victim is a child
below 7 years of age.
7. When the offender knows
that he is afflicted with
HIV/AIDS or any other
sexually transmissible
disease and the virus or
disease is transmitted to the
victim.
8. When committed by any
member of AFP or
paramilitary units thereof or
the PNP or any law
enforcement agency or
penal institution, when the
offender took advantage of
his position to facilitate the
commission of the crime
9. When by reason or on the
occasion of the rape, the
victim has suffered
permanent physical
mutilation or disability
other than the sexual organ into
the genital or anus of the victim
is rape by sexual assault and not
merely acts of lasciviousness.
A. Force and Intimidation Indemnity in
1) Force need not be irresistible, Rape:
but it should be present and Civil indemnity –
brings the desired results P100,000.00
2) Force employed need not be of Moral damages –
such character as could be P75,000.00
resisted. It is enough that the Temperate
force used is sufficient to damages –
consummate the culprit’s P 25,000.00
purpose of copulating with the Exemplary
victim damages –
3) Resistance when futile does not P100,000.00
amount to consent, especially if
the victim yields because of Indemnity in
genuine apprehension of harm Qualified Rape –
to her if she did not do so. Civil indemnity -
4) Intimidation is sufficient when P75,00020.
it produces fear that if the Moral damages –
victim does not yield to the 75,000.00
bestial demands of the accused, Exemplary –
something would happen to her P30,000.00
at the moment or thereafter. Indemnity in Rape
5) Intimidation includes the moral with Homicide –
kind, such as the fear caused by P50,000
threatening and P50,000
respectively
Moral Ascendency (P100,000)
1)Moral ascendency or influence 21. Damages in
exercised by the accused over Rape
the victim substitutes for the a. Moral Damages
element of physical force or – P50,000 without
intimidation (step-father to step- need
daughter) of proof
2)When the offender has b. Exemplary
ascendancy or influence over Damages – if one
victim, it is not necessary that or more
she put up a determined aggravating
resistance due to the offender’s circumstances was
strong moral and physical committed
influence and control over the
victim
B. Deprivation of Reason or
Unconscious
1)In rape of a woman deprived of
reason or otherwise unconscious,
the victim has no will.
2)Deprivation of reason
contemplated by law need not be
complete. Mental abnormality or
deficiency is sufficient
3)Sexual intercourse with an
insane woman or a feeble-
minded, idiotic woman is rape.
 disorder and/or physical handicap
of the offended party at the time
of the commission of the crime.
Rape under paragraph 2 of the
next preceding article shall be
punished by prision mayor.
Whenever the rape is committed
with the use of a deadly weapon or
by two or more persons, the penalty
shall be prision mayor to reclusion
temporal.
When by reason or on the
occasion of the rape, the victim has
become insane, the penalty shall be
reclusion temporal.
When the rape is attempted and a
homicide is committed by reason or
on the occasion thereof, the penalty
shall be reclusion temporal to
reclusion perpetua.
When by reason or on the
occasion of the rape, homicide is
committed, the penalty shall be
reclusion perpetua.
Reclusion temporal shall be
imposed if the rape is committed
with any of the ten aggravating/
qualifying circumstances mentioned
in this article.
10. When the offender knew
of the pregnancy of the
offended party at the time of
the commission of the crime
11. When the offender knew
of the mental disability,
emotional disorder and/or
physical handicap of the
offended party at the time of
the commission of the crime
Circumstances of having
Carnal Knowledge with a
Woman with Mental
Disability Considered Rape
(1) when offended party is
deprived of reason – includes
those suffering from mental
abnormality, deficiency or
retardation
(2) when offended party is
demented – person who has
dementia, which is a
condition of a deteriorated
mentality characterized by
marked decline of
individual’s former
intellectual level and often by
emotional apathy, madness or
insanity
Stages of Rape:
a. Consummated – enough
that there was penetration,
even partial/slight
b. Frustrated – none
c. Attempted – intent on the
part of accused to have carnal
knowledge of woman
Statutory Rape
1) Where the offended party is less
than 12 years of age, rape is
committed although she
consented to the sexual act. The
law does not consider the consent
voluntary, as the party under 12
years of age cannot have a will of
her own.
2) Rape with a minor may be
punished under Sec. 5[b] of RA
no. 7610 or under Art. 266-A –
but a special law cannot be
complexed with ab offense
penalized under the RPC
Burden of Proof
1) Age of the complainant
2) Identity of the accused
3) Sexual intercourse between the
accused and the complainant
Special Complex Crime of Rape
with Homicide
1) Rape with homicide is a special
complex crime. The presence of
circumstance will not qualify the
crime to murder and any
aggravating circumstance shall be
considered as a generic
aggravating circumstance only.
2) When homicide is committed
NOT by reason or on the occasion
of the rape, such as while the
woman was dying, the accused
had carnal intercourse with her, it
may be considered as ignominy.
3) When homicide is committed by
reason or on occasion of rape,
there is a complex crime of rape
with homicide even if the deceased
is not the victim of rape.
Note:
1. Rape may be proved by the
uncorroborated testimony of the
offended party. However, the
testimony must be conclusive,
logical and probable.
2. The offenders in Multiple Rape
shall be responsible for the rape
committed by every perpetrator
because each sexual intercourse
had, through force by each of
them with the victim, was
consummated separately and
independently from that done by

EFFECT OF PARDON
Article 266-C. The subsequent
valid marriage between the
offended party shall extinguish the
criminal action or the penalty
imposed.
In case it is the legal husband
who is the offender, the subsequent
forgiveness by the wife as the
offended party shall extinguish the
criminal action or the penalty:
Provided, That the crime shall not
be extinguished or the penalty
shall not be abated if the marriage
is void ab initio.
PRESUMPTIONS
Article 266-D. Any physical overt
act manifesting resistance against
the act of rape in any degree from
the offended party, or where the
offended party is so situated as to
render her/him incapable of giving
valid consent, may be accepted as
evidence in the prosecution of the
acts punished under Article 266-A.
1. Subsequent valid marriage
between the offender and the
offended party shall
extinguish the criminal action
or the
penalty imposed.
2. In case it is the legal
husband who is the offender,
the subsequent forgiveness
by the wife as the offended
party shall extinguish the
criminal action or the penalty
1. Any physical overt act
manifesting resistance
against the act of rape in any
degree from the offended
party; or
2. Where the offended party
is so situated as to render
him/her incapable of giving
consent
each of the others. Each shall be
liable in the commission of which
he participated by direct
execution (principal by direct
participation) and by act without
which the commission of the
crime would not have been
accomplished (principal by
indispensable cooperation)
1. Effect of marriage extinguishes
not only
the penal action, but likewise the
penalty that may be imposed
2. Marriage extinguishes the penal
action and the penalty only as to
the principal and not to the
accomplices and accessories. Its
benefit cannot be extended to the
acts committed by the others of
which the husband is a co-principal
3. The crime shall not be
extinguished or the penalty shall
not be abated if the marriage is
void ab initio
4. When the offender is the legal
spouse, the subsequent forgiveness
by the wife as the offended party
shall extinguish the criminal action
or the penalty