Académique Documents
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ELEMENTS
246
247
248
249
PARRICIDE
MURDER
HOMICIDE
The FATHER/MOTHER,
1)
CHID (legit/illegit),
ASCENDANT (legit)
DESCENDANT
(legit) of the
accused is killed.
ADOPTED
child/parent
2)
3)
In-LAWs
Relationship must
be alleged
Knowledge of
relshp is not
required.
preparatory acts
liability
rd
If innocent 3 persons are hurt
Reckless Imprudence
In all crimes against PERSONS in w/c DEATH of the victim is an element, there must be satisfactory evidence of
1) The fact of DEATH; and
2) The victims IDENTITY.
1)
2)
3)
4)
A person is killed
by the accused w/o any
JC
who had the INTENT to
KILL (presumed)
not attended by any of
the QCs of Murder,
Parricide & Infanticide
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252
1)
2)
3)
4)
There are SEVERAL (more than 2 but not very many) persons;
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)
They QUARRELLED & assaulted one another in a CONFUSED & TUMULTUOS
(at least 4 persons who are armed/ provided w/ means of violence);
Someone (not necessarily a participant) was killed in the course of the
affray;
1)
2)
3)
4)
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
255
INFANTICIDE
256
INTENTIONAL ABORTION
257
UNINTENTIONAL ABORTION
258
ABORTION Practiced by the
Woman Herself or her
Parents
259
ABORTION Practiced by
a PHYSICIAN/MIDWIFE in
Dispensing Abortives
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
As to PHARMACISTS:
By DISPENSING abortives
w/o proper prescription.
ACTS:
if the child has been
1. Using any VIOLENCE upon the
dead or although born
person of the PREGNANT woman;
alive, it could NOT
2. Acting w/o using violence and w/o
sustain an independent
consent of the woman by
life when it was killed.
administering DRUGS/beverages
Treachery is inherent
upon such woman w/o her consent;
in infanticide.
3. Acting, w/ the CONSENT of the
pregnant woman, by administering
DRUGS/beverages.
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
Consummated by
dispensing abortive w/o
prescription
Immaterial that the
pharmacist knows that
the abortive would be
used for abortion.
otherwiseAccomplic
e to Abortion
260
Responsibility of Participants in a Duel
1. KILLING ones adversary in a DUEL;
2. INFLICTING upon ones 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
261
CHALLENGING 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. Challenger
2. Instigator
PHYSICAL INJURIES
262
MUTILATION
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 vics
body, other than the reproductive
organ, to deprive him of that body
part.
263
264
SERIOUS PI
ADMINISTERING
1. By WOUNDING
Injurious
2. BEATING
Substance/Beverag
3. ASSAULTING
es
4. ADMINISTERING Injurious substance
When the victim:
O inflicted upon
a) Becomes INSANE, IMBECILE, IMPOTENT (or
another SPI by
sterile), or totally BLIND;
KNOWINGLY
b) ..
administering to
i.
Loses the use of SPEECH, the power to HEAR,
him injurious
or to SMELL, or and EYE, a HAND, a FOOT, an
substance or
ARM or a LEG;
beverages or by
ii.
Loses the USE of any such member
taking adv of his
(principal);
weakness of mind
iii.
Becomes INCAPACITATED for the work he was
& credulity, without
HABITUALLY engaged (vic must have work at
intent to kill.
the time of injury).
c)
If there was
i.
becomes DEFORMED; or
INTENT to
ii.
loses any OTHER member of the body (not
KILLFrustrate
principal), or the USE thereof
d Murder
iii.
becomes ILL/INCAP for the perf of his
N/A when PI that
HABITUAL work for 90 days
resulted are
d) becomes ILL/INCAP for LABOR from 30-90
LESS S/Slight
days
265
LESS SERIOUS PI
1)
2)
266
SLIGHT PI
otherwiseSlight PI
May be committed thru Reckless Imprudence,
Simple Imprudence or Negligence
Lessening of efficiency due to injury is NOT
incap
Work includes study
RAPE
TRADITIONAL RAPE 335
By a MAN who shall have carnal
knowledge of a woman under the ff
circumstances:
a) thru
FORCE/THREAT/INTIMIDATIO
N;
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
mental age
O must NOT have known that
the vic is demented,
otherwiseQualified Rape