Criminal Law Book 2 – Title Eight

TITLE EIGHT

I. CRIMES AGAINST PERSONS

 

DESTRUCTION OF LIFE

A. ELEMENTS OF PARRICIDE: (246)

  1. That a person is killed.
  2. That the deceased is killed by the accused.
  3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

Notes:

  1. The relationship of the offender with the victim is the essential element of the felony
  2. Parents and children are not included in the term “ascendants” or “descendants”
  3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate
  4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
  5. Relationship must be alleged
  6. A stranger who cooperates in committing parricide is liable for murder or homicide
  7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship

B.  DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES

Requisites:

  1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person
  2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter
  3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse.

Notes:

  1. Article does not define or penalize a felony
  2. Not necessary that the parent be legitimate
  3. Article applies only when the daughter is single
  4. Surprise: means to come upon suddenly or unexpectedly
  5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed
  6. Sexual intercourse does not include preparatory acts
  7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of one continuous act
  8. The killing must be the direct by-product of the rage of the accused
  9. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony

C. ELEMENTS  OF MURDER: (248)

  1. That a person was killed.
  2. That the accused killed him.
  3. That the killing was attended by any of the following qualifying circumstances
    1. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity
    2. in consideration of price, reward or promise
    3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin
    4. 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
    5. with evident premeditation
    6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse
  4. The killing is not parricide or infanticide.

Notes:

  1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder
  2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances
  3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances
  4. Treachery and premeditation are inherent in murder with the use of poison.

D. ELEMENTS OF HOMICIDE: (249)

  1. That a person was killed.
  2. That the accused killed him without any justifying circumstances.
  3. That the accused had the intention to kill, which is presumed.
  4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Notes:

  1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide
  2. There is no crime of frustrated homicide through negligence
  3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide
  4. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim

E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)

F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)

  1. That there be several persons.
  2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally.
  3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
  4. That someone was killed in the course of the affray.
  5. That it cannot be ascertained who actually killed the deceased.
  6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

Notes:

  1. Tumultuous affray exists hen at least 4 persons take part in it
  2. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray
  3. Persons liable are:
    1. person/s who inflicted serious physical injuries
    2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)

  1. that there is a tumultuous affray as referred to in the preceding article.
  2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only.
  1. that the person responsible therefor cannot be identified.
  2. That all those who appear to have used violence upon the person of the offended party are known.

H.GIVING ASSISTANCE TO SUICIDE: (253)

  • Acts punishable:
  1. Assisting another to commit suicide, whether the suicide is consummated or not
  2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.
  • Notes:
  1. A person who attempts to commit suicide is not criminally liable
  2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion
  3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder
  4. Penalty is mitigated if suicide is not successful.

I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)

  1. that the offender discharges a firearm against or at another person.
  2. That the offender has no intention to kill that person.
  • Notes:
  1. The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article
  2. A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, it is only alarm under art 155.
  3. Usually, the purpose of the offender is only to intimidate or frighten the offended party
  4. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards
  5. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party.

J. ELEMENTS OF INFANTICIDE: (255)

  1. That a child was killed.
  2. That the deceased child was less than three days (72 hours) of age.
  3. That the accused killed the said child.

Notes:

  1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide
  2. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating
  3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal
  4. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed.

K. ELEMENTS OF INTENTIONAL ABORTION: (256)

  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.

L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)

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

Notes:

  1. Unintentional abortion can also be committed through negligence
    1. The accused can only be held liable if he knew that the woman was pregnant
    2. If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not apply.

M. ELEMENTS  OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258)

  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 –
    1. the pregnant woman herself
    2. any other person, with her consent, or
    3. any of her parents, with her consent for the purpose of concealing her dishonor.

Notes:

  1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor
  2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for art 258

N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259)

  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.

Notes:

  1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used
  2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice

O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)

Acts punished:

  1. Killing one’s adversary in a duel
  2. Inflicting upon the adversary serious physical injuries
  3. Making a combat although no physical injuries have been inflicted

Persons liable:

  1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases
  2. Accomplices – as seconds

Notes:

  1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight
  2. If death results, the penalty is the same as that for homicide

P. CHALLENGING TO A DUEL: (261)

Acts punishable:

  1. Challenging another to a duel
  2. Inciting another to give or accept a challenge to a duel
  3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

Persons liable:

  1. Challenger
  2. Instigators

II. PHYSICAL INJURIES

  1. A.   MUTILATION: (262)

Kinds of Mutilation

  1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction
  2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body

Elements:

  1. There be a castration i.e. mutilation of organs necessary for generation
  2. Mutilation is caused purposely and deliberately

Notes:

  1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind
  2. Mayhem: refers to any other intentional mutilation
  1. B.   SERIOUS PHYSICAL INJURIES: (263)

How Committed

  1. Wounding
  2. Beating
  3. Assaulting
  4. Administering injurious substances

What are serious physical injuries:

  1. Injured person becomes insane, imbecile, impotent or blind
  2. Injured person –
    1. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg
    2. loses the use of any such member
    3. becomes incapacitated for the work in which he had been habitually engaged
  3. Injured person –
    1. becomes deformed
    2. loses any other member of his body
    3. loses the use thereof
    4. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days
      1. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days)

Notes:

  1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
  2. There must be no intent to kill
  3. Impotent should include inability to copulate and sterility
  4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
  5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3
  6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
  7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal member
  8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible
  9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature

11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same

13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body

14. If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time

15. Under par 4, all that is required is illness or incapacity, not medical attendance

16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession

17. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered  as slight physical injuries

18. There is no incapacity if the injured party could still engage in his work although less effectively than before

19. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries

 

  1. C.   ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)
    1. That the offender inflicted upon another person any serious physical injury
    2. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity
    3. He had no intent to kill

Notes:

  1. It is frustrated murder when there is intent to kill
  2. Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated.
  1. D.   ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
    1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time
    2. That the physical injuries must not be those described in the preceding articles

Notes:

  1. Circumstances qualifying the offense:
    1. when there is manifest intent to insult or offend the injured person
    2. when there are circumstances adding ignominy to the offense
    3. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers
    4. when the victim is a person of rank or person in authority, provided the crime is not direct assault
    5. It falls under this article even if there was no incapacity but the medical treatment was for 13 days
  1. E.   SLIGHT PHYSICAL INJURIES: (266)

3 Kinds:

  1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period
  2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. Black-eye)
  3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor)
  1. F.    RAPE (ART 355)

The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3

Elements: Rape is committed

  1. By a man who have carnal knowledge of a woman under any of the following circumstances:
    1. through force, threat or intimidation
    2. when the offended party is deprived of reason or otherwise unconscious
    3. by means of fraudulent machination or grave abuse of authority
    4. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present
    5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit an ac of sexual assault by inserting
      1. his penis into another person’s mouth or anal orifice, or
      2. any instrument or object, into the genital or anal orifice of another person

Rape committed under par 1 is punishable by:

  1. reclusion perpetua
  2. reclusion perpetuato DEATH when
    1. victim became insane by reason or on the occasion of rape
    2. b.    the rape is attempted and a homicide is committed by reason or on the occasion thereof
  3. DEATH when
    1. homicide is committed
    2. victim under 18 years and offender is:
      1. parent
      2. ascendant
      3. step-parent
      4. guardian
      5. relative by consanguinity or affinity with the 3rd civil degree or
      6. common law spouse of parent of victim
    3. c.    under the custody of the police or military authorities or any law enforcement or penal institution
    4. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity
    5. 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. a child below 7 years old
    7. g.    offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim
    8. h.    offender; member of the AFP, or para-military 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. victim suffered permanent physical mutilation or disability
    10. j.      the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
    11. k.    when the offender knew of the mental disability, emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime

Rape committed under par 2 is punishable by:

  1. 1.    prision mayor
  2. 2.    prision mayor to reclusion temporal
    1. use of deadly weapon or
    2. by two or more persons
  3. reclusion temporal – when the victim has become insane
  4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed
  5. reclusion perpetua – homicide is committed by reason or on occasion of rape
  6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above

Notes:

  1. The underscored words are the amendments provided by RA 8353
  2. Dividing age in rape:
    1. less than 7 yrs old, mandatory death
    2. less than 12 yrs old, statutory rape
    3. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on January 25, 2012, in Criminal Law and tagged . Bookmark the permalink. 1 Comment.

  1. “Criminal Law Book 2 – Title Eight Philippine Law Reviewers” was indeed a terrific
    posting, can not wait to read more of ur blog posts.
    Time to squander some time on-line lmao. Regards -Malcolm

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