U.P.

BOC CRIMINAL LAW II CRIMINAL LAW

Elements:
H. CRIMES AGAINST
Mode 1: Mode 2: Mode 3:
Soliciting to Soliciting to Soliciting to PERSONS
a woman a woman wife/daughte
interested in under r/sister/ 1. Chapter I: Destruction of Life
pending offender’s relative of
matters custody person in SECTION 1. PARRICIDE, MURDER,
[PSP] [PSC] custody HOMICIDE
[PSR]
a. Article 246 – Parricide
1. Offender is a Public officer

2. He Solicits or makes immoral or indecent Elements: [KAA-FaMCADS]

advances to a woman 1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
3. Woman is 3. Woman is 3. Woman is a. Legitimate/illegitimate Father
interested in under the the wife, b. Legitimate/illegitimate Mother
matters Custody of daughter, c. Legitimate/illegitimate Child (should not
Pending the offender sister or be less than 3 days old, otherwise crime
before the who is a Relative is infanticide)
offender for warden or within the d. Other legitimate Ascendant
decision, or other public same degree e. Other legitimate Descendant
with respect officer by affinity of f. Legitimate Spouse
to which he directly the person in
is required to charged with the custody Relationship
submit a the care and of the Relationship of offender with the victim is an
report to or custody of offender. essential element of this crime; except for
consult with prisoners. spouses, only relatives by blood and in direct
a superior. line are covered. An adopted child is not
covered by parricide.
Solicitation
Solicit is to propose earnestly and persistently Rules on Relationship of Relatives
something unchaste and immoral to a woman. 1. Father, mother or child may be legitimate
The advances must be immoral or indecent. or illegitimate
Proof of solicitation is not necessary when 2. Other ascendants or descendants must be
there is sexual intercourse. [REYES, Book 2] legitimate
3. Child should not be less than 3 days old,
Consummated by Proposal otherwise, crime is infanticide
The crime is consummated by mere proposal. 4. Spouse must be legitimate; Muslim
It is not necessary that the woman should have husbands with several wives can be
yielded to the solicitation of the offender. convicted of parricide only in case the first
[REYES, Book 2] wife is killed. [People v. Subano, G.R. No.
L-20338 (1967)]
Mother of Person in Custody Not Included
The mother of the person in the custody of the NOTE: Relationship must be alleged in the
public officer is not included. [REYES, Book 2] Information to be convicted of Parricide.
[People v. Jumawan, G.R. No. 187495 (2014)]

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U.P. BOC CRIMINAL LAW II
Parricide shall not be punished by
reclusion perpetua to death in the following
cases:
1. Reckless or simple imprudence [Art. 365]
2. Parricide by mistake [Art. 49]
3. Parricide under exceptional circumstances
[Art. 247]
b. Article 247 – Death or Physical
Injuries Under Exceptional
Circumstances
Elements: [M-SD-KiP]
1. A legally Married person, or a parent,
surprises the following in the act of sexual
intercourse with another person:
a. His Spouse or;
b. His Daughter, the latter under 18 years
of age and living with him;
2. He or 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. He has not Promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse.
Not a Felony
This article does not define a felony, rather it
serves as a defense for a person charged with
parricide, homicide or serious physical injuries.
[Id]
Sentence to Accused
General Rule: If all the requisites have been
met, the defendant will be sentenced to
destierro instead of the severe penalty for the
aforementioned crime [People v. Araquel, G.R.
No. L-12629].
Exception: If less serious or slight physical
injuries are inflicted, there is no criminal
liability. [Id]
Other Considerations:
1. Actual Sexual Intercourse – meaning
vaginal penetration by the penis and does
not include merely sleeping on the same
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bed [People v. Gonzales, G.R. No. 46310;
People v. Bituaanan 56 Phil 23, cited in
REYES, Book 2]
2. Accused must be legally married - if the
victim is his or her spouse. [People v.
Araquel, G.R. No. L-12629]
3. Whether or not the daughter is legitimate
or illegitimate is immaterial - provided she
is living with the guilty parent [Regalado]
4. Privilege cannot be invoked without
surprise – if the accused did not surprise
the supposed offenders in the very act of
committing adultery, he cannot invoke the
privilege of Art. 247. [People v. Gonzales,
G.R. No. 46310 (1939)]
Immediately Thereafter
There is no set time as jurisprudence has held
1 hour or even 4 hours as “immediately
thereafter”. However, the act done must be a:
a. Direct result of the outrage of the
cuckolded spouse; and
b. Continuous act from the moment of the
surprising. [US v. Vargas, G.R. No. 1053,
May 7, 1903]
When Article 247 does not apply: [BM]
1. If the surprising took place Before any
actual sexual intercourse could be done.
2. If the daughter is Married.
Although the article does not use the word
“unmarried,” this article applies only when
the daughter is single because while under
18 and single, she is still under parental
authority. If she is married, her husband
alone can claim the benefits of this article.
[REYES, Book 2]
c. Article 248 – Murder
Elements: [KAC-TCICPC-N]
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the following
qualifying Circumstances:
a. With Treachery, taking advantage of
superior strength, aid of armed men, or
employing means to weaken the
U.P. BOC CRIMINAL LAW II
defense, or of means or persons to
insure or afford impunity;
b. In Consideration of a price, reward or
promise;
c. By means of Inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means of
motor vehicles, or with the use of any
other means involving great waste and
ruin;
d. On occasion of any of the Calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic,
or any other public calamity;
e. With evident Premeditation;
f. With Cruelty, by deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his
person or corpse.
4. Killing is Not parricide or infanticide.
Rules for the Application of the
Circumstances which Qualify the Killing to
Murder
1. If there are more than one alleged in the
information for murder, only one will qualify
the killing to murder and the other
circumstances will be taken as generic
aggravating circumstance. [REYES, Book
2]
2. When the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating. [id]
3. Any of the qualifying circumstances
enumerated in Art. 248 must be alleged in
the information. [US v. Campo, 23 Phil 369]
Element of Intent to Kill
General Rule: Offender must have intent to kill
to be liable for murder.
Exception: In murder qualified by treachery, it
is required only that there is treachery in the
attack, hence, there is murder even if offender
has no intent to kill the person assaulted.
[REYES, Book 2]
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Killing by Fire
● If the primordial criminal intent of the
offender is to kill and fire was only used
as a means to do so, the crime is only
murder.
● If the primordial criminal intent of the
offender is to destroy property with the
use of pyrotechnics and incidentally,
somebody within the premises is killed, the
crime is arson with homicide, a single
indivisible crime penalized under Art. 326,
which is death as a consequence of arson.
[Id.]
Outraging v. Scoffing [Id]
Outraging Scoffing
Definition
To commit an It means to leer and
extremely vicious or implies a showing of
deeply insult in act. irreverence.
Example
The act of an When the intestines
accused in having of the dead were
anal intercourse with removed and hung
the woman after around the neck of
killing her. [People v. the victim’s brother
Butler, 120 SCRA “as a necklace” and
281] the lungs and liver
were described as
“pulutan.” [People v.
Carmina, 193 SCRA
429]
d. Article 249 – Homicide
Elements: [KJ-IQ]
1. Person was Killed;
2. Offender killed him without any Justifying
circumstances;
3. Offender had the Intention to kill
4. Killing was not attended by any of the
Qualifying circumstances of murder, or by
that of parricide or infanticide
No offense of Frustrated Homicide through
Imprudence.
The element of intent to kill in frustrated
homicide is incompatible with negligence or
U.P. BOC CRIMINAL LAW II
imprudence. [People v. Castillo, C.A. No. 227
(1946)]
Refusal to be Operated; Not a Defense
Refusal of the deceased to be operated on
does not relieve the offender of the criminal
liability for his death. [People v. Sto. Domingo,
G.R. No. 3783, (1939)]
Intent to kill
General Rule: Conclusively presumed when
death results.
Exception: Evidence of intent is crucial to a
finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 120744-
46]
Physical Injuries
Accused is liable for physical injuries if there is
no intent to kill on the part of the offender in an
attempted or frustrated homicide. [REYES,
Book 2]
Accidental Homicide
It is the death of a person brought about by a
lawful act performed with proper care and skill
and without homicidal intent, there is no felony.
[Id]
e. Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide
Courts may impose a penalty: [Art 250]
1. 2 degrees lower for frustrated parricide,
murder, or homicide
2. 3 degrees lower for attempted parricide,
murder, or homicide.
The imposition of a penalty lower by one
degree than that imposed under Arts. 50 and
51 depends on the courts, in view of the facts
of the case. [Id]
Note that under the RPC, the following
penalties shall be imposed:
1. Frustrated Felony - the penalty next lower
in degree than that prescribed by law for
the consummated felony [Art. 50, RPC].
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2. Attempted Felony - the penalty lower by
two degrees than that prescribed by law for
the consummated felony shall be imposed
[Art. 51, RPC].
NOTE: Any attempt on, or conspiracy against,
the life of the Chief Executive of the Philippines
or that of any member of his family, or against
the life of any member of his cabinet or that of
any member of the latter’s family, shall suffer
the penalty of death. [REYES, Book 2]
f. Article 251 - Death Caused in
Tumultuous Affray
Tumultuous Affray
It is a commotion in a confused manner to an
extent that it would not be possible to identify
who the killer is if death results, or who inflicted
the serious physical injury, but the person or
persons who used violence are known.
[REYES, Book 2]
NOTE: It exists when at least four persons took
part. [id].
Elements: [SGQKAI]
1. There are Several persons;
2. They do 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 or persons who inflicted serious
physical injuries or who used violence can
be Identified.
Persons Liable [IK]
1. Person or persons who Inflicted the serious
physical injuries
2. If it is not Known who inflicted the serious
physical injuries on the deceased, all
persons who used violence upon the person
of the victim are liable.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

h. Article 253 - Giving Assistance to

Presence of Conspiracy Suicide
If there is conspiracy, this crime is not
committed. The crime would be murder or Giving Assistance to Suicide
homicide. [REYES, Book 2] Giving assistance to suicide means giving
means (e.g., arms, poison, etc.) or whatever
g. Article 252 - Physical Injuries manner of positive and direct cooperation (e.g.,
Caused in Tumultuous Affray intellectual aid, suggestions regarding the
mode of committing suicide, etc.). [REYES,
Elements: [TIK] Book 2]
1. There is a Tumultuous affray;
2. A participant or some participants thereof Modes: [AL]
Suffered serious physical injuries or 1. Assisting another to commit suicide,
physical injuries of a less serious nature whether the suicide is consummated or not;
only; 2. Lending his assistance to another to commit
3. Person responsible cannot be Identified; suicide to the extent of doing the killing
and himself.
4. All those who appear to have used violence
upon the person of the offended party are NOTE: The person who commits suicide is not
Known. criminally liable; only the person assisting him
or her. [Id.]
Presence of Violence
All those who appear to have used violence Euthanasia – commonly known as mercy-
shall suffer the penalty next lower in degree killing; the practice of painlessly putting to
than that provided for the serious physical death a person suffering from some incurable
injuries inflicted. [Art. 265, RPC] disease.
• A doctor who resorts to euthanasia of his
Death Caused in Tumultuous Affray v. patient may be liable for murder. But if the
Physical Injuries Caused in Tumultuous patient himself asks to be killed by his
Affray doctor, this Article applies. [Id]
Physical Injuries
Death Caused in
Caused in i. Article 254 - Discharge of Firearms
Tumultuous
Tumultuous Affray
Affray [Art. 251]
[Art. 252] Elements: [DN]
Participants 1. Offender Discharges a firearm against or at
The person killed The injured party in another person.
in the course of the the crime of physical 2. Offender has No intention to kill that
affray need not be injuries inflicted in a person.
one of the tumultuous affray
participants in the must be one or Crime as long as Initially Aimed at Offended
affray. some of the Party
participants. The crime is the discharge of firearm, even if
[REYES, Book 2] the gun was not pointed at the offended party
when it fired, as long as it was initially aimed by
the accused at or against the offended party
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21,
cited in REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

If Offended Party is Hit and Wounded To intimidate To cause To demand

If in the discharge of a firearm, the offended or frighten a disturbance money or
party is hit and wounded, there is a complex person or scandal impose any
crime of discharge of firearm with serious or other
less serious physical injuries. [People v. condition
Arquiza, G.R. No. 42128-42129]
SECTION 2. INFANTICIDE AND ABORTION
Animus Interficendi
Intent to kill or animus inteficendi cannot be j. Article 255 – Infanticide
automatically drawn from the mere fact that the
use of firearms is dangerous to life. Animus Elements: [C-3]
interficendi must be established with the same 1. Child was killed by the accused;
degree of certainty as is required of the other 2. Deceased child was less than 3 days old (72
elements of the crime. [Dado v. People G.R. hours).
No. 131421(2002)] Persons Liable:
1. Father or mother of the child, whether
Discharge of Firearms v. Homicide legitimate or illegitimate; or
Discharge of 2. Any other legitimate ascendant of the child
Homicide/Murder
Firearms [REYES, Book 2]
[Arts. 248/249]
[Art. 254]
As to Intent to Kill Must be Born Alive
There must be no There is intent to kill It is necessary that the child be born alive and
intent to kill (conclusively viable (capable of independent existence). [US
presumed if a person v. Vedra, G.R. No. 4779 (1908)]
died)
As to Rationale Mitigating Circumstance
The discharge was Intent was to kill Only the mother and maternal grandparents
intended merely to another are entitled to mitigating circumstances of
frighten or cause concealing the mother’s dishonor. [Art. 255,
alarm to the RPC]
offended party
[People v. Hinolan, NOTE: The delinquent mother who claims to
C.A., 47 O.G. 3596, be concealing dishonor must be of good
cited in Reyes, reputation and good morals [REYES, Book 2]
Book Two].
Other Persons who Cooperate
Alarms and Scandals vs. Discharge of Others who cooperate with the mother or
Firearms v. Grave Threats [BOADO] grandparent for killing a child less than 3 days
Discharge of Alarms and Grave old will suffer the penalty for murder. (US v.
Firearms Scandals Threats Aquino, G.R. No. 11653]
[Art. 254] [Art. 155] [Art. 282]
As to the Place Parricide vs. Infanticide [Reyes]
At any place Public place At any place Parricide Infanticide
(and aimed at [Art. 246] [Art. 255]
a specific As to Basis of Crime
person) Based on
Based on the age of
As to Purpose relationship of
the child (must be
offender and the
less than 3 days old)
victim

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As to Victim If the mother as a consequence of abortion

May be committed Victim need not be a suffers death or physical injuries, there is a
against a relative relative complex crime of murder or physical injuries
As to Applicability of Mitigating and abortion. [Id]
Circumstance
of Concealment of Dishonor Impossible Crime
Mitigating If the woman turns out not to be pregnant and
Not mitigating someone performs an abortion upon her, he is
circumstance
liable for an impossible crime if the woman
k. Article 256 - Intentional Abortion suffers no physical injury. [Id]

Elements: [PVi-DI] Abortion v. Infanticide

1. There is a Pregnant woman; Abortion [Art.
Infanticide [Art. 255]
2. Violence is exerted, or drugs or beverages 256]
administered, or that the accused otherwise Fetus could not Fetus could sustain
acts upon such pregnant woman; sustain an independent life
3. As a result of the above acts, the fetus Dies, independent life. after separation from
either in the womb or after having been No legal viability. the mother’s womb.
expelled therefrom; and
4. Abortion is Intended. l. Article 257 - Unintentional
Abortion
Punishable Acts [VAAW]
1. Use of Violence upon the pregnant woman; Elements: [PVID]
2. Acting, but without using violence and 1. There is a Pregnant woman;
without the consent of the woman. (e.g., by 2. Violence is used upon such pregnant
administering drugs or beverages upon woman without intending an abortion;
such pregnant woman without her consent.) 3. The violence is Intentionally exerted;
3. Acting (by administering drugs or 4. Result of violence – fetus Dies, either in the
beverages), With the consent of the womb or expelled therefrom
pregnant woman.
Killed by Husband
Persons Liable: If the pregnant woman was killed by violence
1. Person who intentionally caused the by her husband, the crime committed is the
abortion under Art. 256; and complex crime of parricide with unintentional
2. Pregnant woman if she consented under abortion. [Id]
Art. 258 [REYES, Book 2]
Intentional Abortion vs. Unintentional
Abortion Abortion
The willful killing of the fetus in the uterus or the Intentional
violent expulsion of the fetus from the maternal Unintentional
Abortion
womb which results in the death of the fetus. Abortion [Art. 257]
[Art. 256]
[REYES, Book 2] As to Mode of Commission
Committed by:
Frustrated Abortion 1. Using any
Committed if the fetus that is expelled is viable violence upon the Committed only by
and, therefore, not dead. [Id] person of the violence, that is,
pregnant woman actual physical force.
Complex Crime of Murder/Physical Injuries 2. Acting without
and Abortion using violence

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

and without the Mitigating Circumstances

consent of the Penalty of pregnant woman is mitigated if her
woman (e.g., purpose is to conceal her dishonor. [RPC, Art.
administering 258(2)] There is no mitigation for parents of the
drugs or pregnant woman even if the purpose is to
beverages upon conceal dishonor in abortion, unlike in
her) infanticide. [RPC, Art. 258(1)]
3. Acting with the
consent of the
pregnant woman Intentional Abortion vs. Abortion Practiced
(e.g., by the Woman Herself
administering Abortion Practiced
Intentional
drugs or by the Woman
Abortion
beverages) Herself
[Art. 256]
As to Intent [Art. 258]
Violence inflicted As to Liability
upon the pregnant Third person who Only the woman
woman is caused the abortion herself or her parents
Abortion is intended intentionally exerted is liable can be liable
by the accused, but As to Consent
without intending an Woman must have
abortion. consented to the
As to Knowledge of Pregnancy Abortion could have abortion.
Accused has knowledge as to the been done with or
pregnancy of the woman. without the consent Parents are liable if
m. Article 258 - Abortion Practiced by of the pregnant they acted with the
the Woman Herself or by Parents woman. pregnant woman’s
consent to conceal
Elements: [PIC-HCP] her dishonor
1. There is a Pregnant woman who suffered
an abortion; n. Article 259 - Abortion by a
2. Abortion is Intended; Physician or Midwife and
3. Abortion is Caused by – Dispensing of Abortives
a. Pregnant woman Herself;
b. Any other person, with her Consent; or Persons Liable
c. Any of her Parents, with her consent for 1. Physician or midwife who, taking
the purpose of concealing her advantage of their scientific knowledge or
dishonour. skill, shall cause an abortion or assist in
causing an abortion.
Liability: 2. A pharmacist who, without proper
a. Pregnant Woman – under (a), (b), (c); prescription from a physician, shall
liable under this Article dispense any abortive. [RPC, Art. 259]
b. Third Person - under (b); liable under Art.
256 (Intentional Abortion) Elements (for Physicians or Midwifes):
c. Parents – if the parents acted with the [PIPA]
pregnant woman’s consent under (c) to 1. Pregnant suffered an abortion;
conceal her honor, they are also liable 2. Abortion is Intended;
under this article. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II
3. Offender is a Physician or midwife, who
caused or assisted in causing the abortion;
and
4. Said physician or midwife took Advantage
of his or her scientific knowledge or skill.
Elements (for Pharmacists): [PPD]
1. Offender is a Pharmacist;
2. No proper Prescription from a physician;
and
3. Offender Dispenses any abortive.
Imposable Penalty
The penalties provided for intentional abortion
shall be imposed in the maximum period.
[REYES, Book 2]
It is not necessary that the pharmacist
knows that the abortive would be used to
cause an abortion.
What is punished is the dispensing of the
abortive without the proper prescription. It is
not necessary that the abortive be actually
used either. [REYES, Book 2]
SECTION 3. DUEL
o. Article 260 - Responsibility of
Participants in a Duel
Modes: [DIC]
1. Killing one’s adversary in a Duel;
2. Inflicting upon such adversary physical
injuries; or
3. Making a Combat although no physical
injuries have been inflicted.
Persons Liable: [KS]
1. The person who Killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
2. The Seconds, as accomplices.
Definition of Terms
1. Duel - Formal or regular combat previously
concerted between 2 parties in the
presence of two or more seconds of lawful
age on each side, who make the selection
of arms and fix all other conditions of the
fight. [REYES, Book 2]
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2. Seconds - Persons who make the
selection of arms and fix the other
conditions of the fight. [Id]
Imposable Penalty if Death Results
If death results, the penalty is the same as that
for homicide. [Id]
Pre-Concerted Agreement to Fight
Self-defense cannot be invoked if there was a
pre-concerted agreement to fight, but if the
attack was made by the accused against his
opponent before the appointed place and time,
there is an unlawful aggression, hence, self-
defense can be claimed. [Justo v. CA, G.R. No.
L-8611]
p. Article 261 - Challenging to a Duel
Modes: [CIS]
1. Challenging another to a duel;
2. Inciting another to give or accept a
challenge to a duel; or
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
a duel.
Persons Responsible:
1. Challengers
2. Instigators [REYES, Book 2]
Challenging to Duel Different from
Challenging to Fight
The person making the challenge must have in
mind a formal combat to be concerted between
him and the one challenged in the presence of
two or more seconds. [REYES, Book 2]
2. Chapter II: Physical Injuries
a. Article 262 – Mutilation
Mutilation
Lopping or clipping off of some part of the body
[REYES, Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Punishable Acts: a. Becomes Deformed; or

Mode 1: Castration Mode 2: Mayhem b. Loses any other Member of his body; or
As to Body Part c. Loses the Use thereof; or
Castration is the Lopping or clipping d. Becomes Ill or incapacitated for the
mutilation of organs off any part of the performance of the work in which he was
necessary for body of the offended habitually engaged for more than 90
generation; deprives party, other than the days;
the offended, either essential organ for 4. Becomes ill or incapacitated for labor for
totally or partially, of reproduction, to more than 30 days (but must not be more
some essential deprive him of that than 90 days).
organ for part of his body.
reproduction. [REYES, Book 2] Intent to Kill
[REYES, Book 2] In physical injuries, there must be no intent to
As to Purpose kill, otherwise the crime is frustrated/attempted
Mutilation is caused Purposely and murder or homicide as the case may be. [Id]
deliberately
Physical Injuries v. Attempted or Frustrated
Intent Homicide
Offender must have the intention to deprive the Attempted or
Physical Injuries
offended party of a part of his body. If there is Frustrated
[Art. 263]
no such intention, the crime will be serious Homicide [Art. 249]
physical injuries. [REYES, Book 2] May be committed
even if no physical
No intent to kill
b. Article 263 - Serious Physical injuries are inflicted
offended party
Injuries and the offender has
intent to kill party
Modes of Commission: [WoBAA]
1. By Wounding; Characteristics of par. 1
2. By Beating; ● Insanity – deranged or perverted condition
3. By Assaulting; or of mental faculties and is manifested in
4. By Administering injurious substance. (Art. language and conduct. [People v.
264) Domingo, G.R. No. 184343]
● Imbecility - a more or less advanced
Serious Physical Injuries decay and feebleness of the intellectual
They are when the injured person, in faculties [Black’s Law Dictionary]
consequence of the physical injuries inflicted— ● Impotence - an inability to copulate,
[I-SMI-DMUI90-30] includes sterility.
1. Becomes Insane, imbecilic, impotent or ● Blindness - must be of two eyes [REYES,
blind Book 2]
2. If the person injured: ● Penalty is 1 degree higher when the victim
a. Loses the use of Speech or the power to is under 12 years of age. [Sec. 10, RA
hear or to smell, or loses an eye, a hand, 7610]
a foot, an arm, or a leg, or
b. Loses the use of any such Member; or Characteristics of par. 2
c. Becomes Incapacitated for the work in ● Loss of power to hear - must be of both
which he was theretofore habitually ears. If hearing in only one ear is lost, it falls
engaged, in consequence of the physical under par. 3.
injuries inflicted; ● Blindness – requires the loss of an eye
3. If the person injured: only, thus mere weakness of vision is not
contemplated [id.]

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U.P. BOC CRIMINAL LAW II
● Loss of the use of hand or incapacity for
work - must be permanent.
● All the body parts mentioned are principal
members of the body (eye, hand, foot etc.)
[Id]
Characteristics of par. 3
● It covers any other part of the body which
is not a principal member of the body.
● Fingers of the hand are not principal
members and the loss of such fall under the
third type. However, if it is proven that the
loss of the fingers resulted in the loss of the
use of the hand itself, it would fall under the
second type. [US v. Punsalan, G.R. No.
7539 (1912)]
Elements of Deformity: [UAV]
1. Physical Ugliness,
2. Permanent and definite Abnormality,
and
3. Conspicuous and Visible.
Illness or Incapacity under Pars 2, 3, and 4.
● What is required is illness or incapacity and
not medical attendance. [REYES, Book 2]
● Injured party must have a vocation at
the time of the injury - Incapacity
therefore must relate to a certain kind of
work only [Id.]
● Work - includes studies or preparation for
a profession. Mere lessening of efficiency
due to injury is not incapacity. [Id]
● Type of Work
a. Par. 3 – work in which the offended party
is habitually engaged
b. Par. 4 – any type of labor
No Attempted or Frustrated Physical
Injuries
This felony is defined by the gravity of the
injury. It is a crime of result. As long as there is
no injury, there can be no attempted or
frustrated stage thereof. [Id]
Committed through Reckless Imprudence
Serious physical injuries may be committed by
reckless imprudence or by simple imprudence
or negligence under Art. 365 in relation to Art.
263. [Id]
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CRIMINAL LAW
Qualifying Circumstances:
1. If it is committed against any of the persons
referred to in the crime of parricide under
Article 246;
2. If any of the circumstances qualifying
murder attended its commission. [Art. 263,
RPC]
NOTE: The said qualified penalties are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement [Art, 263(7), RPC]]
c. Article 264 - Administering
Injurious Substances or
Beverages
Elements: [IKI]
1. Offender Inflicted any serious physical
injury;
2. It was done by Knowingly administering to
him any injurious substance or beverages or
by taking advantage of his weakness of
mind or credulity; and
3. There was no Intent to kill.
NOTE: Art 264 does not apply when the
Physical Injuries Resulted to Less Serious or
Light as they will be treated under Art. 265 or
Art. 266, as the case may be. [Id]
d. Article 265 - Less Serious Physical
Injuries
Elements: [IMP]
1. Offended party:
a. Is Incapacitated for labor for 10 days or
more (but not more than 30 days); or
b. Needs Medical attendance for the same
period of time;
2. Physical injuries must not be those
described in the Preceding articles.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualified Less Serious Physical Injuries Slapping of Offended Party

Addition of a Fine General Rule: Slapping is a form of ill-
not exceeding treatment which is a form of slight physical
Higher Penalty
P50,000 injuries.
Imposed
[Sec. 60, RA 10951
in re: Art. 265] Exception: If the slapping is done to cast
The victim is either: dishonor upon the person slapped, or to
1. Offender’s humiliate or embarrass the offended party out
1. There is a parents, of a quarrel or anger, the crime is slander by
manifest intent to ascendants, deed. [REYES, Book 2]
insult or offend guardians,
the injured curators or Summary:
person; or teachers; or Gravity Injury Days
2. There are 2. Persons of rank or Incapacity from
Permanent
circumstances person in habitual work
adding ignominy authority, Illness/incapaci
Over 90
to the offense. provided the Serious ty from habitual
days
crime is not direct [Art. 263] work
assault. Illness/incapaci
31-90 days
ty from labor
Less Incapacity from
e. Article 266 - Slight Physical Serious labor/medical
10-30 days
Injuries and Maltreatment [Art. 265] attendance
required
Modes [1-9-PI] Incapacity from
1. Physical injuries incapacitated the offended labor/medical
1-9 days
party for labor from 1-9 days, OR required attendance
medical attendance during the same period; required
2. Physical injuries did not Prevent the Physical
offended party from engaging in his habitual injuries which
work or did not require medical attendance; did not prevent
Slight
or the offended
[Art. 266
3. Ill-treatment of another by deed without party from Regardless
causing any injury. engaging in of Days
habitual work
Duration of Incapacity or Medical nor did it
Attendance require medial
In the absence of evidence as to the duration attendance
of the offended party’s incapacity for labor or
medical attendance, the crime is only slight Physical Injuries vs. Attempted or
physical injuries. [People v. Arranchado, G.R. Frustrated Homicide
No. L-13943] Physical Injuries Attempted or
[Art. 263, 265, 266] Frustrated
Supervening Event Converting the Crime Homicide
Supervening event converting the crime into Existence of Physical Injuries
serious physical injuries after the filing of the General Rule: The
May be committed
information for slight physical injuries can still offender must have
even if no physical
be the subject of amendment or of a new inflicted physical
injuries inflicted
charge. [People v. Manolong, G.R.No. L-2288] injuries

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Chronological Age or Intellectual Disability

Exception: In determining whether a person is twelve (12)
Maltreatment (Art. years of age under par. (d), the interpretation
266(3)) should be in accordance with either the
Intent to Kill chronological age of the child if he or she is not
No intent to kill the With intent to kill suffering from intellectual disability, or the
offended party offended party mental age if intellectual disability is
established. [People v. Quintos, G.R. No.
199402, (2014)]
3. Chapter III : Rape
Classifications of Rape
a. Article 266 - A – Rape (as amended Rape by Sexual
by RA 8353) Sexual Assault
Intercourse
As to Offended Party
Mode 1: Rape by Sexual Intercourse Against a Woman or
Elements: [MCC-FRM12] Against a Woman
Man
1. Offender is a Man; As to Offender
2. Offender had Carnal knowledge of a
Can now be
woman;
committed by a man
3. Such act is accomplished under any of the
or woman, that is, if a
following Circumstances: Always a man woman or a man
a. By using Force, threat or intimidation;
uses an instrument
b. When the woman is deprived of Reason
on an orifice of male
or is otherwise unconscious;
or woman
c. By means of fraudulent Machination or
As to Commission of Offense
grave abuse of authority; or
Inserting a finger
d. When the woman is under 12 years of
inside the genital of a
age (Statutory Rape) or is demented.
woman or man is
Sexual intercourse
rape through sexual
Mode 2: Rape through Sexual Assault
assault within the
Elements: [SM-PI-C-FDM12]
context of object
1. Offender commits an act of Sexual assault;
2. Act is committed by any of the following
Complete Penetration is Not Necessary
Means:
In rape, from the moment the offender has
a. By inserting his Penis into another
carnal knowledge of the victim, he actually
person's mouth or anal orifice; or
attains his purpose, all the essential elements
b. By inserting any Instrument or object into
of the offense have been accomplished.
the genital or anal orifice of another
[People v. Orita, G.R. No. 88724 (1990)]
person;
3. Act is accomplished under any of the
Moreover, it is not the number of times that
following Circumstances:
appellant ejaculated but the penetration or
a. By using Force or intimidation; or
‘touching’ that determines the consummation
b. When the woman is Deprived of reason
of the sexual act. [People v. Ferrer, G.R. No.
or otherwise unconscious; or
142662 (2001); People v. Orilla, G.R. Nos.
c. By means of fraudulent Machination or
148939-40 (2004)]
grave abuse of authority; or
d. When the woman is under 12 years of
NOTE: There is NO crime of frustrated rape.
age or demented.
[Id]

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U.P. BOC CRIMINAL LAW II
Rules on Accompanying Circumstances
1. Force, Threat or Intimidation – It is not
necessary that the force employed against
the complaining woman in rape be so great
or of such a character as could not be
resisted. It is enough that the force used is
sufficient to consummate the culprit's
purpose of copulating with the offended
woman [People vs. Savellano, G.R. No. L-
31227 (1974)].
2. Deprived of Reason or Unconscious –
means that the victim has no will to give
consent intelligently and freely. [REYES,
Book 2]
3. Drowsiness - state of being drowsy, i.e.,
ready to fall asleep or half-asleep. [People
v. Siarza, G.R. No. L-111682 (1997)]
4. Statutory Rape - rape of a woman who is
below 12 years of age; victim is
conclusively presumed incapable of giving
consent to sexual intercourse with another.
[People v. Negosa, G.R. Nos. 142856-7
(2003)]
Rule on Resistance
General Rule: The law requires manifest and
tenacious resistance. A verbal refusal alone
will not do. There must be physical struggle,
taxing her powers to the utmost. Thus, mere
initial resistance of the offended party in rape
cases is not enough [REYES, Book 2 citing
People vs. Lago, CA, 45 OG 1356]
Exception: Where the victim resists, and the
resistance would be futile, even offering none
at all does not amount to consent to the sexual
assault. [People vs. Las Piñas, Jr. G.R. No.
133444, (2002)]
NOTE: When the offender in rape has an
ascendancy on influence over the girl i.e. a
father over his daugher, it is not necessary that
she put up a determined resistance. [People v.
Metin, G.R. No. 140781 (2003)]
Moral Ascendancy or Influence
Moral ascendancy or influence exercised by
the accused over the victim substitutes for the
element of physical force or intimidation such
as those committed by:
Page 209 of 277
CRIMINAL LAW
1. Fathers against their daughters [People v.
Bayona, G.R. No. 133343 (2000)]
2. Stepfathers against their stepdaughters
[People v. Vitor, G.R. No. 113690 (1995)]
3. A godfather against his goddaughter
[People v. Casil, G.R. No. 110836 (1995)]
4. Uncles against their nieces [People v.
Betonio, G.R. No. 119165 (1997)]
5. The first cousin of the victim’s mother
[People v. Perez, G.R. No. 129213 (1999)]
Qualified and Simple Seduction; When
Absorbed
Rape by means of fraudulent machinations and
grave abuse of authority absorbs the crime of
qualified and simple seduction. [Id]
Seclusion Not Necessary
Rape may, likewise, be committed in a room
adjacent to where the victim's family is
sleeping, or even in a room shared with other
people. [People v. Glivano, G.R. No. 177565
(2008)]
Evidence
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 him/her incapable of
giving his consent. [REYES, Book 2]
Sweetheart Doctrine
Operates on the theory that the sexual act is
consensual. It requires proof that the accused
and the victim were lovers and that she
consented to the sexual relations. [People v.
Udang, G.R. No. 210161, (2018)]
It was previously ruled that being sweethearts
does not negate the commission of rape
because such does not give the appellant the
license to have sexual intercourse against the
victim’s will [People vs. Olesco, G.R. No.
174861, (2011)]
However, in the later case of People vs. Udang
[id.], it has been ruled that the theory may apply
in acts of lasciviousness and rape, felonies
committed against or without the consent of the
victim, it operates on the theory that the sexual
U.P. BOC CRIMINAL LAW II
act was consensual. It requires proof that the
accused and the victim were lovers and that
she consented to the sexual relations.
Exception: Sweetheart doctrine cannot be
invoked in instances involving sexual
intercourse and lascivious conduct involving
child abuse cases under RA 7610, where the
victim abused cannot validly give their consent
to another person. In cases involving minors,
consent is immaterial [id.].
Rape Shield Rule
Character of the offended woman is immaterial
in rape. [People vs. Udang, id.]
Marital Rape
Prior to RA 8353, a husband cannot be guilty
of rape, however, under Art. 266-C of RA 8353,
he may now be held guilty. [People v.
Jumawan, G.R. No. 187495 (2014)]
Special Complex Crime
1. When the rape is attempted and a
homicide is committed by reason of or on
the occasion of attempted rape; and
2. When by reason of or on occasion of
consummated rape, homicide is committed.
[REYES, Book 2]
b. Article 266 - B – Qualified Rape
Qualifying Circumstances
1. If the victim: [18-C-7-M]
b. Is under 18 yrs. old, & the offender is a
parent, ascendant, step-parent,
guardian, relative by consanguinity or
affinity w/in the 3rd civil degree, or the
common law spouse of the parent of the
victim
c. Is under the Custody of the police /
military authorities / law enforcement
agency
d. Is a religious and such legitimate
vocation is known by the offender before
or at the time of rape
e. Is a child below 7 yrs. old;
f. Suffered permanent or physical
Mutilation or disability by reason or on
the occasion of rape
2. If the offender: [SAPMF]
Page 210 of 277
CRIMINAL LAW
a. Is afflicted with a Sexually transmissible
disease & the virus / disease is
transmitted to the victim;
b. Is a member of the AFP / PNP / any law
enforcement agency / penal institution, &
took advantage of his position;
c. Knew of the Pregnancy of the offended
party at the time of the commission of
rape;
d. Knew of the Mental disability, emotional
disorder, or physical handicap of the
offended party at the time of the
commission of rape
3. If Rape is committed in Full view of the
spouse, parent, any of the children, or other
relatives w/in the 3rd civil degree of
consanguinity
NOTE: Special qualifying circumstances have
to be alleged in the information for it to be
appreciated. [People v. Gallo]
c. Art. 266 - C - Effect of Pardon
The following shall extinguish the criminal
action or the penalty imposed:
1. Subsequent valid marriage between the
offender and the offended party, but only
as to the husband.
2. Subsequent forgiveness by the wife as the
offended party when the legal husband is
the offender, provided their marriage is not
void ab initio. [REYES, Book 2]
Applicability of Pardon; Only to Principals
Pardon is not applicable to accomplices,
accessories and multiple rapes. Since rape is
now categorized as a crime against persons,
marriage extinguishes the penal action only as
to the principal. This does not apply where
multiple rape was committed because while
marriage with one defendant extinguishes
criminal liability, it cannot be extended to acts
committed by others. [REYES, Book 2]
U.P. BOC CRIMINAL LAW II
d. Art. 266 - D - Presumptions
Evidence which may be accepted:
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
his/hear consent. [Art. 266-D, RPC]
I. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
1. Chapter I: Crimes Against
Liberty
SECTION 1. ILLEGAL DETENTION
a. Article 267 - Kidnapping and
Serious Illegal Detention
Elements [PPu-K-I-MoSSTMiFP]:
1. Offender is a Private individual or a Public
Officer who has no duty under the law to
detain a person;
2. He Kidnaps or detains another, or in any
other manner deprives the latter of his
liberty;
3. Detention or kidnapping is Illegal; and
4. In the commission of the offense, any of the
following circumstances is present:
a. Kidnapping lasts for More than 3 days;
b. It is committed Simulating public
authority;
c. Any Serious physical injuries are
inflicted upon the person kidnapped or
detained or Threats to kill him are made;
or
d. Person kidnapped or detained is a
Minor, Female, or a Public officer.
Essential Element
The essential element of kidnapping is the
deprivation of the offended party’s liberty under
any of the four instances enumerated. [People
v. Suarez, G.R. No. L-27352 (1969)]]
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CRIMINAL LAW
Lack of Consent is a Fundamental Element
The involuntariness of the seizure and
detention is the very essence of the crime.
Although the victim may have initially
consented to go with the offender to a place,
but the victim is thereafter prevented, with the
use of force, from leaving the place where he
was brought to with his consent and is detained
against his will, the offender is still guilty of
kidnapping and serious illegal detention.
[People v. Pickrell, G.R. No. 120409 (2003)]
Detention is Illegal
Detention is illegal when it is not ordered by
competent authority nor permitted by law.
[REYES, Book 2]
Placing Victim in an Enclosure is Not
Necessary
It is not necessary that the victim be placed in
an enclosure, as long as he is deprived, in any
manner, of his liberty. It suffices that there be
actual or manifest restraint on the person or
liberty of the victim. [People v. Cortez, et al.,
G.R. Nos. 131619-20 (2000)]
Lack of Freedom to Leave at Will is
Sufficient
Leaving a child in the house of another, where
he had freedom of locomotion but not the
freedom to leave it at will, deprives him of
liberty [People v. Acosta, 60 O.G. 6999, cited
in REYES, Book 2].
Qualifying Circumstances: [RKDRT]
When any of the following circumstances are
present, the penalty shall be death:
1. Purpose is to extort Ransom.
2. When the victim is Killed or Dies as a
consequence of the detention.
3. When the victim is Raped.
4. When victim is subjected to Torture or
dehumanizing acts.
Ransom
Means money, price or consideration paid or
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required and it
does not matter whether or not ransom was