Vous êtes sur la page 1sur 10

Page 1 of 10


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
1. That a person is killed. both of them any serious physical injury in the act or
2. That the deceased is killed by the accused. immediately thereafter
3. That the deceased is the father, mother, or child, 3. He has not promoted or facilitated the prostitution of his
whether legitimate or illegitimate, or a legitimate other wife or daughter, or that he has not consented to the
ascendant or other descendant, or the legitimate infidelity of the other spouse.
spouse of the accused.
1. Article does not define or penalize a felony
1. The relationship of the offender with the victim is the
2. Not necessary that the parent be legitimate
essential element of the felony
3. Article applies only when the daughter is single
2. Parents and children are not included in the term
4. Surprise: means to come upon suddenly or
ascendants or descendants
3. The other ascendant or descendant must be legitimate. 5. Art 247 is applicable when the accused did not see his
On the other hand, the father, mother or child may be spouse in the act sexual intercourse with another person.
legitimate or illegitimate However, it is enough that circumstances reasonably
4. The child should not be less than 3 days old. Otherwise, show that the carnal act is being committed or has
the offense is infanticide
been committed
5. Relationship must be alleged
6. Sexual intercourse does not include preparatory acts
6. A stranger who cooperates in committing parricide is
7. Immediately thereafter: means that the discovery,
liable for murder or homicide
escape, pursuit and the killing must all form parts of one
7. Even if the offender did not know that the person he had
continuous act
killed is his son, he is still liable for parricide because the
8. The killing must be the direct by-product of the rage of
law does not require knowledge of the relationship
the accused
Page 2 of 10

9. No criminal liability is incurred when less serious or slight Notes:

physical injuries are inflicted. Moreover, in case third 1. The victim must be killed in order to consummate the
persons caught in the crossfire suffer physical injuries, the offense. Otherwise, it would be attempted or frustrated
accused is not liable. The principle that one is liable for murder
the consequences of his felonious act is not applicable 2. Murder will exist with only one of the circumstances. The
because he is not committing a felony other circumstances are absorbed or included in one
qualifying circumstance. They cannot be considered as
C. ELEMENTS OF MURDER: (248) generic aggravating circumstances
1. That a person was killed. 3. Any of the qualifying circumstances must be alleged in
2. That the accused killed him. the information. Otherwise, they will only be considered
3. That the killing was attended by any of the following as generic aggravating circumstances
qualifying circumstances 4. Treachery and premeditation are inherent in murder with
1. with treachery, taking advantage of superior the use of poison.
strength, with the aid or armed men, or employing D. ELEMENTS OF HOMICIDE: (249)
means to weaken the defense or of means or 1. That a person was killed.
persons to insure or afford impunity 2. That the accused killed him without any justifying
2. in consideration of price, reward or promise circumstances.
3. by means of inundation, fire, poison, explosion, 3. That the accused had the intention to kill, which is
shipwreck, stranding of vessel, derailment or presumed.
assault upon a street car or locomotive, fall of 4. That the killing was not attended by any of the qualifying
airship, by means of motor vehicles or with the use circumstances of murder, or by that of parricide or
of any other means involving great waste or ruin infanticide.
4. on occasion of any of the calamities enumerated Notes:
in the preceding paragraph, or of an earthquake, 1. Intent to kill is conclusively presumed when death
eruption of a volcano, destructive cyclone, resulted. Hence, evidence of intent to kill is required only
epidemic or any other public calamity in attempted or frustrated homicide
5. with evident premeditation 2. There is no crime of frustrated homicide through
6. with cruelty, by deliberately and inhumanely negligence
augmenting the suffering of the victim or 3. When the wounds that caused death were inflicted by 2
outraging or scoffing at his person or corpse different persons, even if they were not in conspiracy,
4. The killing is not parricide or infanticide. each one of them is guilty of homicide
Page 3 of 10

4. In all crimes against persons in which the death of the 2. if it is not known who inflicted serious physical
victim is an element, there must be satisfactory evidence injuries on the deceased, all persons who used
of (1) the fact of death and (2) the identity of the victim violence upon the person of the victim.
(250) 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
1. That there be several persons.
2. That all those who appear to have used violence upon
2. That they did not compose groups organized for the
the person of the offended party are known.
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. H.GIVING ASSISTANCE TO SUICIDE: (253)
5. That it cannot be ascertained who actually killed the Acts punishable:
deceased. 1. Assisting another to commit suicide, whether the suicide
6. That the person or persons who inflicted serious physical is consummated or not
injuries or who used violence can be identified. 2. Lending his assistance to another to commit suicide to
Notes: the extent of doing the killing himself.
1. Tumultuous affray exists hen at least 4 persons take part Notes:
in it 1. A person who attempts to commit suicide is not
2. When there are 2 identified groups of men who criminally liable
assaulted each other, there is no tumultuous affray 2. A pregnant woman who tried to commit suicide by
3. Persons liable are: means of poison but instead of dying, the fetus in her
1. person/s who inflicted serious physical injuries 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
Page 4 of 10

death a person suffering from some incurable disease. In Notes:

this case, the person does not want to die. A doctor who 1. When the offender is the father, mother or legitimate
resorts to euthanasia may be held liable for murder ascendant, he shall suffer the penalty prescribed for
4. Penalty is mitigated if suicide is not successful. parricide. If the offender is any other person, the penalty
I. ELEMENTS OF DISCHARGE OF FIREARMS: (254) is that for murder. In either case, the proper qualification
1. that the offender discharges a firearm against or at for the offense is infanticide
another person. 2. When infanticide is committed by the mother or
2. That the offender has no intention to kill that person. maternal grandmother in order to conceal the dishonor,
Notes: such fact is only mitigating
1. The offender must shoot at another with any firearm 3. The delinquent mother who claims that she committed
without intention of killing him. If the firearm is not the offense to conceal the dishonor must be of good
discharged at a person, the act is not punished under reputation. Hence, if she is a prostitute, she is not entitled
this article to a lesser penalty because she has no honor to conceal
2. A discharge towards the house of the victim is not 4. There is no infanticide when the child was born dead, or
discharge of firearm. On the other hand, firing a gun although born alive it could not sustain an independent
against the house of the offended party at random, not life when it was killed.
knowing in what part of the house the people were, it is K. ELEMENTS OF INTENTIONAL ABORTION: (256)
only alarm under art 155. 1. That there is a pregnant woman.
3. Usually, the purpose of the offender is only to intimidate 2. That violence is exerted, or drugs or beverages
or frighten the offended party administered, or that the accused otherwise acts upon
4. Intent to kill is negated by the fact that the distance such pregnant woman.
between the victim and the offender is 200 yards 3. That as a result of the use of violence or drugs or
5. A person can be held liable for discharge even if the beverages upon her, or any other act of the accused,
gun was not pointed at the offended party when it fired the fetus dies, either in the womb or after having been
for as long as it was initially aimed at or against the expelled therefrom.
offended party. 4. That the abortion is intended.
1. That a child was killed. 1. That there is a pregnant woman.
2. That the deceased child was less than three days (72 2. That violence is used upon such pregnant woman
hours) of age. without intending an abortion.
3. That the accused killed the said child. 3. That the violence is intentionally exerted.
Page 5 of 10

4. That as a result of the violence that fetus dies, either in N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR
the womb or after having been expelled therefrom. MIDWIFE AND DISPENSING OF ABORTIVES: (259)
Notes: 1. That there is a pregnant woman who has suffered an
1. Unintentional abortion can also be committed through abortion.
negligence 2. That the abortion is intended.
1. The accused can only be held liable if he knew 3. That the offender, who must be a physician or midwife,
that the woman was pregnant causes or assists in causing the abortion.
2. If there is no intention to cause abortion and 4. That said physician or midwife takes advantage of his or
neither was violence exerted, arts 256 and 257 her scientific knowledge or skill.
does not apply.
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN 1. It is not necessary that the pharmacist knew that the
HERSELF OR BY HER PARENTS: (258) abortive would be used to cause abortion. What is
1. That there is a pregnant woman who has suffered an punished is the act of dispensing an abortive without the
abortion. proper prescription. It is not necessary that the abortive
2. That the abortion is intended. be actually used
3. That the abortion is caused by 2. If the pharmacist knew that the abortive would be used
1. the pregnant woman herself to cause abortion and abortion results, he is liable as an
2. any other person, with her consent, or accomplice
3. any of her parents, with her consent for the
purpose of concealing her dishonor.
1. Liability of the pregnant woman is mitigated if the Acts punished:
purpose is to conceal her dishonor. However, there is no 1. Killing ones adversary in a duel
litigation for the parents of the pregnant women even if 2. Inflicting upon the adversary serious physical injuries
their purpose is to conceal their daughters dishonor 3. Making a combat although no physical injuries have
2. In infanticide, parents can avail of the mitigating been inflicted
circumstance of concealing the dishonor of their
Persons liable:
daughter. This is not so for art 258
1. Principals person who killed or inflicted physical injuries
upon his adversary, or both combatants in any other
2. Accomplices as seconds
Page 6 of 10

Notes: 1. In the first kind of mutilation, the castration must be

1. Duel: a formal or regular combat previously concerted made purposely. Otherwise, it will be considered as
between 2 parties in the presence of 2 or more seconds mutilation of the second kind
of lawful age on each side, who make the selection of 2. Mayhem: refers to any other intentional mutilation
arms and fix all the other conditions of the fight
2. If death results, the penalty is the same as that for
P. CHALLENGING TO A DUEL: (261) How Committed
Acts punishable: 1. Wounding
1. Challenging another to a duel 2. Beating
2. Inciting another to give or accept a challenge to a duel 3. Assaulting
3. Scoffing at or decrying another publicly for having 4. Administering injurious substances
refused to accept a challenge to fight a duel What are serious physical injuries:
Persons liable: 1. Injured person becomes insane, imbecile, impotent or
1. Challenger blind
2. Instigators 2. Injured person
II. PHYSICAL INJURIES 1. loses the use of speech or the power to hear or to
1. A. MUTILATION: (262) smell, loses an eye, a hand, foot, arm or leg
2. loses the use of any such member
Kinds of Mutilation
3. becomes incapacitated for the work in which he
1. Intentionally mutilating another by depriving him, totally
had been habitually engaged
or partially, of some essential organ for reproduction
3. Injured person
2. Intentionally making another mutilation, i.e. lopping,
1. becomes deformed
clipping off any part of the body of the offended party,
2. loses any other member of his body
other than the essential organ for reproduction, to
3. loses the use thereof
deprive him of that part of the body
4. becomes ill or incapacitated for the performance
of the work in which he had been habitually
1. There be a castration i.e. mutilation of organs necessary
engaged in for more than 90 days
for generation
1. Injured person becomes ill or incapacitated
2. Mutilation is caused purposely and deliberately
for labor for more than 30 days (but not
more than 90 days)
Page 7 of 10

Notes: 11. Loss of both outer ears constitutes deformity and also loss of
1. Serious physical injuries may be committed through the power to hear. Meanwhile, loss of the lobule of the ear is
reckless imprudence or simple imprudence only a deformity
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility 12. Loss of the index and middle fingers is either a deformity or
4. Blindness requires lost of vision in both eyes. Mere loss of a member, not a principal one of his body or use of the
weakness in vision is not contemplated same
5. Loss of power to hear must involve both ears. Otherwise,
it will be considered as serious physical injuries under par 13. Loss of the power to hear in the right ear is considered as
3 merely loss of use of some other part of the body
6. Loss of use of hand or incapacity of usual work in par 2
must be permanent 14. If the injury would require medical attendance for more
7. Par 2 refers to principal members of the body. Par 3 on than 30 days, the illness of the offended party may be
the other hand, covers any other member which is not a considered as lasting more than 30 days. The fact that there
principal part of the body. In this respect, a front tooth is was medical attendance for that period of time shows that the
considered as a member of the body, other than a
injuries were not cured for that length of time
principal member
8. Deformity: means physical ugliness, permanent and 15. Under par 4, all that is required is illness or incapacity, not
definite abnormality. Not curable by natural means or by medical attendance
nature. It must be conspicuous and visible. Thus, if the
scar is usually covered by a dress, it would not be 16. In determining incapacity, the injured party must have an
conspicuous and visible avocation at the time of the injury. Work: includes studies or
9. The loss of 3 incisors is a visible deformity. Loss of one
preparation for a profession
incisor is not. However, loss of one tooth which impaired
appearance is a deformity 17. When the category of the offense of serious physical injuries
depends on the period of the illness or incapacity for labor,
10. Deformity by loss of teeth refers to injury which cannot be
there must be evidence of the length of that period.
impaired by the action of the nature
Otherwise, the offense will only be considered as slight
physical injuries
Page 8 of 10

18. There is no incapacity if the injured party could still engage 2. That the physical injuries must not be those
in his work although less effectively than before described in the preceding articles
19. Serious physical injuries is qualified when the crime is 1. Circumstances qualifying the offense:
committed against the same persons enumerated in the 1. when there is manifest intent to insult or offend the
article on parricide or when it is attended by any of the injured person
circumstances defining the crime of murder. However, serious 2. when there are circumstances adding ignominy to
physical injuries resulting from excessive chastisement by the offense
3. when the victim is either the offenders parents,
parents is not qualified serious physical injuries
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
1. C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES 5. It falls under this article even if there was no
OR BEVERAGES: (264) incapacity but the medical treatment was for 13
1. That the offender inflicted upon another person days
any serious physical injury 1. E. SLIGHT PHYSICAL INJURIES: (266)
2. That it was done knowingly administering to him 3 Kinds:
any injurious substances or beverages or by taking 1. That which incapacitated the offended party for labor
advantage of his weakness of mind of credulity from 1-9 days or required medical attendance during
3. He had no intent to kill the same period
Notes: 2. That which did not prevent the offended party from
1. It is frustrated murder when there is intent to kill engaging in his habitual work or which did not require
2. Administering means introducing into the body the medical attendance (ex. Black-eye)
substance, thus throwing of the acid in the face is not 3. Ill-treatment of another by deed without causing any
contemplated. injury (ex. slapping but without causing dishonor)
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
Page 9 of 10

1. F. RAPE (ART 355) 2. victim under 18 years and offender is:

The Anti-Rape Law of 1997 (RA 8353) now classified the crime 1. parent
2. ascendant
of rape as Crime Against Personsincorporated into Title 8 of the
3. step-parent
RPC to be known as Chapter 3
4. guardian
Elements: Rape is committed
5. relative by consanguinity or affinity with the
1. By a man who have carnal knowledge of a woman
3rd civil degree or
under any of the following circumstances:
6. common law spouse of parent of victim
1. through force, threat or intimidation
3. c. under the custody of the police or military
2. when the offended party is deprived of reason or
authorities or any law enforcement or penal
otherwise unconscious
3. by means of fraudulent machination or grave
4. committed in full view of the spouse, parent or any
abuse of authority
of the children or other relatives within the
4. when the offended party is under 12 years of age
3rddegree of consanguinity
or is demented, even though none of the
5. victim is a religious engaged in legitimate religious
circumstances mentioned above be present
vocation or calling and is personally known to be
5. By any person who, under any of the
such by the offender before or at the time of the
circumstances mentioned in par 1 hereof, shall
commission of the crime
commit an ac of sexual assault by inserting
6. a child below 7 years old
1. his penis into another persons mouth or
7. g. offender knows he is afflicted with HIV or AIDS
anal orifice, or
or any other sexually transmissible disease and the
2. any instrument or object, into the genital or
virus is transmitted to the victim
anal orifice of another person
8. h. offender; member of the AFP, or para-military
Rape committed under par 1 is punishable by:
units thereof, or the PNP, or any law enforcement
1. reclusion perpetua
agency or penal institution, when the offender
2. reclusion perpetuato DEATH when
took advantage of his position to facilitate the
1. victim became insane by reason or on the
commission of the crime
occasion of rape
9. victim suffered permanent physical mutilation or
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
Page 10 of 10

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
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
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