CRIME 246

PARRICIDE

247

Death/PI inflicted under EXCEPTIONAL CIRCUMSTANCES

248

MURDER

249

HOMICIDE

ELEMENTS The FATHER/MOTHER,

CHID (legit/illegit),ASCENDANT (legit)DESCENDANT (legit) of the accused is killed.

ADOPTED child/parent

In-LAWs

1) A legally MARRIED person or PARENT SURPRISES his SPOUSE/DAUGHTER (under 18 & living w/ him) in the act of committing sexual intercourse w/ another person;

2) He/she KILLS any/both of them; or inflicts SERIOUS PI in the act or immediately thereafter, and

3) He has NOT promoted/facilitated prostitution of his wife/daughter or that he has NOT consented to the infidelity of others.

Unlawful KILLING of any person w/c is NOT Parricide/Infanticide w/ the ff QCs:a) Treachery; Superior Strength; w/ the aid of

Armed Men; or employs means to Weaken the defense; or Means/Persons to Insure/afford Impunity;

b) In consideration of a Price/Reward/Promise;

c) By means of Inundation, fire, poison, shipwreck, stranding of a vessel, derailment, assault upon a railroad, fall of an airship, be means of motor vehicles, or w/ the use of any other means involving great waste/ruin;

d) On occasion of calamities in (c), or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;

e) Evident premeditationf) Cruelty, by deliberately & inhumanly

augmenting the suffering of the victim, or outraging/scoffing at his person/corpse.

g) Under the influence of DRUGS;h) By use of UNLICENSED firearm

1) A person is killed2) by the accused w/o any JC3) who had the INTENT to KILL

(presumed)4) not attended by any of the

QCs of Murder, Parricide & Infanticide

Relationship must be alleged

Knowledge of relshp is not required.

preparatory acts

Parent need NOT be legitimate Daughter must be SINGLE. If Less Serious/Slight PI NO liability If innocent 3rd persons are hurt

Reckless Imprudence

Treachery & EP are inherent in Murder by Poison, but the use of poison is not inherent in murder. It only becomes inherent if there is an INTENT to KILL and the poison is used as a MEANS to kill

Outraging – physical act; to commit an extremely vicious or insulting act

Scoffing – verbal act; to jeer

There is no such crime as Frustrated Homicide thru Reckless Imprudence (PI only)

In all crimes against PERSONS in w/c DEATH of the victim is an element, there must be satisfactory evidence of1) The fact of DEATH; and2) The victim’s IDENTITY.

251

DEATH caused in a TUMULTUOUS AFFRAY

252

PHYSICAL INJURIES inflicted in a TUMULTUOUS AFFRAY

1) There are SEVERAL (more than 2 but not very many) persons;2) They did NOT compose groups organized for the common purpose of assaulting &

attacking each other reciprocally (otherwise they may be held liable as co-conspirators)3) They QUARRELLED & assaulted one another in a CONFUSED & TUMULTUOS (at least 4

persons who are armed/ provided w/ means of violence);4) Someone (not necessarily a participant) was killed in the course of the affray;5) It CANNOT be ascertained who actually killed the deceased;6) Person/s who inflicted SPI or used VIOLENCE can be IDENTIFIED.

1) There is a tumultuous affray;2) That a PARTICIPANT/s thereof suffer/s S/LS PI3) The person responsible therefor CANNOT be identified;4) All those who APPEAR to have used VIOLENCE upon the person of the offended party are

KNOWN.

When the quarrel is bet a distinct group of indivs, one of whom was sufficiently IDENTIFIED as the principal author of the killing, as against a common particular victimHomicide

Injured victim must be a participant Only those who used violence are punished, because of the one who caused the PI is known,

he will be liable for the PI actually committed.

253 - Giving ASSISTANCE to SUICIDE

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.

Relationship to the person trying to commit suicide is immaterial. Euthanasia/Mercy-killing – a practice of painlessly putting to death a person suffering from an incurable disease.

Offender is liable for Murder if he did the killing himselfThe person killed did NOT want to die.

254 – DISCHARGE OF FIREARMS

1) Offender discharges a firearm AGAINST another person;2) He has NO intention to kill that person.

Purpose: is merely to intimidate/frighten

n/a to police officers in the perf of their duties

If the offended party is hit & wounded Complex Crime of Discharge of Firearm w/ Serious PI But if only Slight PI were inflicted2 Separate crimes even if the gun was not pointed at the offended party when it ws fired, as long as it was INITIALLY aimed by the accused at/against him. If firearm was NOT aimed against/at another personAlarms & Scandals No offense for Illegal Discharge of Firearm thru Imprudence

255INFANTICIDE

256INTENTIONAL ABORTION

257UNINTENTIONAL ABORTION

258ABORTION Practiced by the Woman Herself or her Parents

259ABORTION Practiced by a PHYSICIAN/MIDWIFE in Dispensing Abortives

The killing of any child LESS than 3 Days old, whether the killer is a relative or a stranger.

The willful killing of the FETUS in the UTERUS or the VIOLENT EXPULSION of the fetus from the maternal womb w/c results to its death.

A Child less than 3 days (72hrs) old is killed by the accused.

VIOLENCE is exerted or DRUGS/beverages administered or the accused acts upon a PREGNANT woman, and as a result, the Fetus dies, either in the womb or after having been expelled therefrom, the abortion having been INTENDED.

VIOLENCE is intentionally used upon a pregnant woman W/O intending abortion and as a result, the fetus dies either in the womb or after having been expelled therefrom.

Pregnant woman intentionally suffers an abortion caused by:

a) the pregnant woman HERSELF;

b) any other person, w/ her CONSENT;

c) any of her PARENTS, w her CONSENT, for the purposes of concealing her dishonor

As to PHYSICIAN/MIDWIFE:By taking adv of his scientific knowledge/skill, causes or assists in causing the intended abortion of a pregnant woman. n/a if abortion was NOT

intended or was a result of a mistake

if the woman was not really pregnantImpossible Crime

if the child has been dead or although born alive, it could NOT sustain an independent life when it was killed. Treachery is inherent in

infanticide.

ACTS:1. Using any VIOLENCE upon the person of

the PREGNANT woman;2. Acting w/o using violence and w/o

consent of the woman by administering DRUGS/beverages upon such woman w/o her consent;

3. Acting, w/ the CONSENT of the pregnant woman, by administering DRUGS/beverages.

In b), the woman is liable for 258 while the 3rd person is liable under 256 Intentional Abortion

If the purpose is other than to conceal the dishonor of the woman, abortion by any of her parents is Intentional Abortion

Liability of pregnant woman is MITIGATED if her purpose is to conceal her dishonor, but NO MITIGATION for PARENTS (unlike in Infanticide).

As to PHARMACISTS:By DISPENSING abortives w/o proper prescription.

Consummated by dispensing abortive w/o prescription

Immaterial that the pharmacist knows that the abortive would be used for abortion. otherwiseAccomplice to Abortion

MC – only if the (1) Mother is unmarried and of good moral character (not a delinquent/prostitute) AND the (2) Maternal Grandparent are entitled to MC for concealing dishonor

Persons Liable:1. The person who intentionally caused the

abortion;2. The pregnant woman if she consented

under Art 258. As long as fetus dies as a result of

VIOLENCE/DRUGS, it is Abortion even if fetus is more or less 6months, or full term

If fetus could sustain an INDEPENDENT LIFE (have had intrauterine life of at least 7 months) AFTER its separation form the wombInfanticide

Fetus must have died, if not Frustrated Intentional Abortion

If abortion is NOT intended & fetus NOT die PI

If there is NO intent to cause abortion & NO violenceno abortion of any kind.

If intent to cause abortion is not sufficiently established when the accused killed his wifeComplex Crime of Parricide w/ Unintentional Abortion

If grave threats were made to cause abortionComplex Crime of Grave Threats w/ Intentional Abortion

If light threats were made2 SEPARATE crimes of Light Threats and Intentional Abortion

There is NO crime of Parricide w/ Abortion

260Responsibility of Participants in a Duel

1. KILLING one’s adversary in a DUEL;2. INFLICTING upon one’s adversary PI;3. MAKING a COMBAT although no PI have been inflicted

Persons Liable:1) Person who KILLED/INFLICTED PI upon his adversary or BOTH Combatants in any other

case [principals];2) Seconds [accomplices].

Duel – a formal/regular combat previously concerted bet 2 parties in the presence of 2 or more seconds of lawful age on each side, who make selection of arms and fix all other conditions of the fight

SD cannot be invoked if there was a pre-concerted agreement to fight unless the attack was made by the accused against his opponent BEFORE the appointed place & time.

If DEATH results the penalty is the same for Homicide

261CHALLENGING TO A DUEL

1. CHALLENGING to a duel (NOT merely to fight);2. INCITING another to GIVE/ACCEPT a challenge to a duel;3. SCOFFING/DECRYING another PUBLICLY for having refused to accept a challenge to fight

a duel.

Persons Liable:1. Challenger2. Instigator

PHYSICAL INJURIES262MUTILATION

1. CASTRATION – intentionally mutilating another by depriving him totally/partially of some essential organ for reproduction There is mutilation of reproductive

organ/s Caused purposely & deliberately to

deprive the vic of some reproductive organ

Cutting off the organ or part is NOT necessary. It suffices that it is rendered useless.

2. MAYHEM – intentionally making other mutilation by LOPPING OFF/ clipping off any part of the vic’s body, other than the reproductive organ, to deprive him of that body part.

263SERIOUS PI1. By WOUNDING2. BEATING3. ASSAULTING4. ADMINISTERING Injurious substance

When the victim:a) Becomes INSANE, IMBECILE, IMPOTENT (or sterile), or

totally BLIND;b) ..

i. Loses the use of SPEECH, the power to HEAR, or to SMELL, or and EYE, a HAND, a FOOT, an ARM or a LEG;

ii. Loses the USE of any such member (principal);iii. Becomes INCAPACITATED for the work he was

HABITUALLY engaged (vic must have work at the time of injury).

c) …i. becomes DEFORMED; or

ii. loses any OTHER member of the body (not principal), or the USE thereof

iii. becomes ILL/INCAP for the perf of his HABITUAL work for 90 days

d) becomes ILL/INCAP for LABOR from 30-90 days

264ADMINISTERING Injurious Substance/Beverages

O inflicted upon another SPI by KNOWINGLY administering to him injurious substance or beverages or by taking adv of his weakness of mind & credulity, without intent to kill.

If there was INTENT to KILLFrustrated Murder

N/A when PI that resulted are LESS S/Slight

265LESS SERIOUS PI

1) Vic is INCAP for LABOR for 10-30 Days, or NEEDS attendance for the same pd;

2) PI must NOT be those describe in the preceding arts.

Includes:a) Inability to workb) Necessity for

medical attendance although the

wound required med. Attendance for only 2 days, yet if the vic was prevented from doing ordinary labor for 29 days

In ABSENCE of proof of the vic’s incap for labor or of the required med attendanceSlight PI

266SLIGHT PI

1) PI w/c incapacitated the vic for 1-9 Days or required med attendance during the same pd, or combo of the 2;

2) PI did NOT prevent the vic from engaging in his HABITUAL work, or did NOT require med attendance;

3) Ill-treatment of another by deed w/o causing any injury.

When there is NO evidence of actual injury

Supervening event converting crime into SPI after filing the info for Slight PI can still be the subj of a NEW CHARGE;

If PI were w/ INTENT to INSULT/HUMILIATEconsidered as and act of IGNOMINY in SPI

Separate crime of Slander by Deed in case of Slight PI.

The law looks not only to the Result, but also to the INTENTION/PURPOSE of the act.

Mutilation is always intentional. The INTENTION TO DEPRIVE the vic of

the body part is essential. CRUELTY is inherent in Mutilation If victim diesMurder qualified by

Cruelty but O may still claim that he had no intention to commit so grave a wrong.

Considered a FORMAL CRIME since it is based on the gravity of the injuries inflicted.

There must be NO intent to kill. Where the category of the offense of SPI depends on the

period of illness/incap for labor, there must be evidence of that length of period, otherwiseSlight PI

May be committed thru Reckless Imprudence, Simple Imprudence or Negligence

Lessening of efficiency due to injury is NOT incap Work includes study

Requisites for DEFORMITY1) Physical ugliness2) Permanent & definite abnormality3) Conspicuous & visible

QCs:1) If committed against persons in Parricide;2) w/ attendance of Circ w/c qualify the crime to murdern/a to parents against their children by Excessive Chastisement.

RAPETRADITIONAL RAPE 335 SEXUAL ASSAULT (RA 8353) QUALIFIED RAPE (266-B)By a MAN who shall have carnal knowledge of a woman under the ff circumstances:

a) thru FORCE/THREAT/INTIMIDATION;

b) When the vic is DEPRIVED of REASON or otherwise UNCONSCIOUS;

c) By means of FRAUDULENT MACHINATIONS or GRAVE ABUSE of AUTHORITY

d) When the vic is 12y/o or DEMENTED

By ANY PERSON who commits an act of sexual assault by:a) INSERTING his PENIS into another person’s MOUTH or

ANUS;b) INSERTING any INSTRUMENT/OBJECT into the

GENITAL/ANUS of another person, under a)-d) of 335

1. When committed:a) w/ the use of a DEADLY WEAPON; orb) by 2 or more persons;

2. By reason/occasion of the rape, vic has become INSANE;3. Attempted Rape w/ Homicide is committed by reason of or on occasion (Special

Complex Crime)4. Rape w/ Homicide5. Vic us 18 and Offender is a parent, ascendant, step-parent, guardian, relative by

consanguinity/affinity w/in 3rd Civil Deg or the common –law spouse of the parent. Info must state the EXACT AGE at the time of Rape. Step-daughter/father relshp presupposes a legitimate relshp bet the vic’s

mother and the offender.6. Vic was under the CUSTODY of the POLICE/MILITARY authorities or any LAW

ENFORCEMENT /PENAL INST;7. Committed in FULL VIEW of the Spouse, parent, child, relative w/in the 3rd civil deg of

Consanguinity8. Vic is a RELIGIOUS engaged in legit religious vocation and is PERSONALLY KNOWN to

be such by the O before, or at the time of the rape;9. Vic is 7y/o10. O KNOWS he has HIV/AIDS or any other STD and is TRANSMITTED to the vic;11. Committed by any member of the AFP/para-military units thereof, of the PNP or any

Law-enforcement agency/penal inst, when the O took adv of his position to facilitate the rape

12. By reason/occasion, victim suffered PERMANENT PHYSICAL MUTILATION/DISABILITY;

13. O KNEW of the PREGNANCY of the vic at the time of rape14. O KNEW of vic’s MENTAL/EMOTIONAL DISORDER, PHYS DISABILITY

“12 y/o” means not only chronological age, but also mental age

O must NOT have known that the vic is demented, otherwiseQualified Rape

Vic may be male/female O may be male/female Partial penetration is sufficient to consummate. Absent showing of the slightest penetrationAttempted Rape

or Acts of Lasciviousness Statutory Rape

even though there is CONSENT, or the girl is a prostitute even though girl is 12 but mind is 12 even though O did NOT know girl’s exact age.

Resignation to consummated act is NOT consent Force employed only be sufficient to consummate the crime Sex w/ a Deaf-Mute is NOT rape she is an imbecile no rape if drug/liquor is used to induce vic’s consent so as to

incite her to passion but did not deprive her of her will powerRape Shield Rule – Character of a woman is immaterial in rape.

When Homicide is committed NOT by reason or on occasion of Rape, it may be considered as IGNOMINY.

266-C: Effect of PARDON1. The SUBSEQUENT valid MARRIAGE bet O & the Vic shall extinguish the:

a) CRIMINAL ACTION;b) PENALTY already imposed.BUT only as to the PRINCIPAL Accomplices & Accessories

2. The SUBSEQUENT FORGIVENESS of the WIFE to the LEGAL H shall extinguish a) & b) unless the M is void and only as to the H Accomplice & Accessories

RA 8353: A Husband may now be guilty of rape.266-D: Presumptions:Evidence w/c may be used by the Prosecution:

1. Any PHYSICAL OVERT ACT manifesting RESISTANCE against the act of Rape in ANY DEGREE of the vic;2. Where vic is so situated as to render him/her INCAPABLE of GIVING CONSENT.