Title 8: CRIMES AGAINST PERSONS 3.

P through mistake (249)

4. P under exceptional circumstances (247)
1. Parricide (246)
 Reclusion perpetua is not the proper penalty
2. Murder (247)
3. Homicide (249) Notes:
4. Death caused in a tumultuous affray (251)
 Relationship of the offender with the victim is the essential element; must be in
5. Physical injuries inflicted in a tumultuous affray (252)
the direct line and not in the collateral line
6. Giving assistance to suicide (253)
 Relationship must be alleged
7. Discharge of firearms (254)
 For F, M, or C – proof of legitimacy is not required
8. Infanticide (255)
 The law does not require knowledge of relationship between them
9. Intentional abortion (256)
 Adoptive father or adopted son or father-in-law or son-in-law is not included in
10. Unintentional abortion (257)
the provision
11. Abortion practiced by the woman herself or by her parents (258)
 The victim is the spouse:
12. Abortion practiced by a physician or midwife and dispensing of abortive
 Marriage certificate is the best proof; oral evidence if not objected to can be
(259)
considered
13. Duel (260)
 Information must allege the fact of a valid marriage
14. Challenging to a duel (261)
 Relationship must be considered aggravating even if not alleged in the info
15. Mutilation (262)
 Not applicable to common-law relationship
16. Serious physical injuries (263)
 Not applicable when marriage is void ab initio
17. Administering injurious substances or beverages (264)
 Conspiracy does not apply ( A stranger who cooperated in committing parricide is
18. Less serious physical injuries (265)
liable for murder or homicide)
19. Slight physical injuries and maltreatment (266)
 Indemnity depends on the circumstance (Eg. No indemnity when natural father
20. Rape (266-A)
killed his child because he is the presumptive heir of the deceased)
Tandaan: Forgiveness by the offended party shall not extinguish the penal action in
crimes against persons except for Rape  Art 247. Death or physical injuries inflicted under exceptional circumstances
 destierro
Rule:
A. Elements:
1. Age
1. That a legally married person or parent surprises his spouse or his
2. Relationship
daughter, the latter under 18 years of age and living with him, in the act
3. Qualifying Circumstance
of committing sexual intercourse with another person.
4. Homicide
2. That he or she kills any or both, of them or inflicts upon any or both of
Art 246. Parricide – Any person who shall kill his father, mother, or child whether
them any serious physical injury in the act or immediately thereafter.
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,
3. That he has not promoted or facilitated the prostitution of his wife or
shall be guilty of parricide and shall be punished by the penalty of (reclusion
daughter, or that he or she has not consented to the infidelity of the
perpetua to death)  reclusion perpetua
other spouse
A. Elements:
Notes:
1. That a person is killed
2. That the deceased is killed by the accused  Requisites of Art. 247 must be established by the evidence of the defense,
3. That the deceased is the F, M, or C, whether legitimate or illegitimate, because the prosecution will have to charge the defendant with parricide and/or
or a legitimate other ascendant or other descendant, or legitimate homicide
spouse, of the accused  Accused cannot enter into a conditional plea of guilty and be sentenced
B. With other Crimes immediately to destierro: to remove the accused from the vicinity and protect
1. P through reckless imprudence -- A. mayor max to P. correccional med him from acts of reprisal by relatives of the deceased
2. P through negligence -- A. mayor med to max (365)
 Does not require parent to be legitimate as long: as daughter is under 18 years Article 247 cannot be applied in favor of H because W and B were not in flagrante
old and single; and lives with her parents delicto. Therefore, H was committing a felony.
 Daughter must be living with the parent/s because the embarrassment and
Art 248. Murder  reclusion perpetua
humiliation were done not only to the parent but to the parental abode (If it was
Murder is the unlawful killing of any person which is not parricide or infanticide,
done in a motel, the article does not apply)
provided that any of the following circumstances is present:
 No MC or ACs considered because destierro is not a punishment per se
1. Treachery
 “surprise” -- to come upon suddenly and unexpectedly
2. Taking advantage of superior strength
 Applicable when:
3. With the aid of armed men
 Even if accused waited for the sexual act to commence
4. Employing means to weaken the defense
 The carnal act is being committed or has just been committed
5. Employment of persons to insure or afford impunity
 The killing must be the direct by-product of the accused rage
6. In consideration of price, reward, or promise
 “immediately thereafter” -- No break or interval of time from the time of
7. By means of inundation
revelation of the spouse’s infidelity up to the time of killing
8. By means of fire
 Does not apply when spouse was not voluntarily having sexual intercourse with
9. By means of poison
the man (Eg. Rape) – defense of a relative (Art. 11, par 2)
10. By means of explosives ( Repealed by RA 8244 – now homicide)
 Inflicting death under exceptional circumstances is not murder. Therefore, the
11. By shipwreck
accused cannot be held liable for injuries sustained by 3 rd persons as a result. The
12. By stranding a vessel
principle that one is liable for the consequences of his felonious act is not
13. By derailment or assault upon railroad
applicable because he is not committing a felony.
14. By means of fall of an airship
 No criminal liability is incurred when LSPI or slight PI are inflicted.
15. By means of motor vehicles
 “Living together” is only for minor daughter; the spouses need not live together
16. Use of other means involving great waste and ruin
 No civil liability for causing such death because there is no criminal liablity
17. On occasion of any calamities: earthquake, eruption, cyclone, epidemic, etc.
 If relative causes death under Exceptional circumstances, he may invoke Art 11
18. With evident premeditation
(self-defense)
19. With cruelty by deliberately and inhumanly augmenting the suffering victim
 If in course of firing upon a spouse or paramour, a third party is caught in the
20. Destroying or scoffing at person or corpse
crossfire, the crime is Art 365 – LSPI or SPI through simple imprudence. There is
no attempted homicide because there is no intent to kill and offended spouse is A. Elements:
not committing a crime. 1. That a person is killed
 Since Art 247 is merely an exempting circumstance, the accused must first be 2. That the accused killed him
charged with: 3. That the killing was attended by any of the qualifying circumstances
1. Parricide – if the spouse is killed 4. That the killing is not parricide or infanticide
2. Murder or Homicide – depending on how the killing was done insofar as the
Notes:
paramour or the mistress is concerned
3. Homicide – through simple negligence, if a third party is killed  Victim must be killed to consummate the crime; otherwise, it is either attempted
4. Physical Injuries – through reckless imprudence, if a third party is injured or frustrated
Case #1:  Offender must have intent to kill to be liable for murder committed by means of
H and W are married. W and B are also lovers who were very intimate on one Sunday (#7 to #16 means)
morning. H caught them while they were in the preparatory acts and killed them.  Killing of a person with treachery is murder even if there is no intent to kill
Also, a man named G who was peeping during that time was also killed.  Murder and Homicide have both intent to kill but difference lies in the means,
What crimes were committed by H? methods, or forms of attack
 When more than one of the circumstances are preset, the others must be
Answer: H to W -- Parricide considered as generic aggravating; however, when other circumstances are
H to B -- Homicide absorbed or included in 1 QC, they cannot be considered as generic AC
  Any of the QC must be alleged in the information—or else could only be #6 In consideration of price, reward, or promise
considered as generic AC (Eg. treachery cannot qualify the killing to murder, the  The one who gave the price or reward or who made the promise is a
crime charged being only homicide) principal by induction
 The PRP could be the Immediate; Proximate; Sole/ Primary/ Primordial;
#1 Treachery Compelling motive
Requisites:
a. At the time of the attack, victim was not in position to defend himself #7 to #16 By means of fire, poison, explosion, etc.
b. Offender consciously and deliberately adopted the particular means,  There should be an actual design to kill
methods, or forms of attack employed by him  The means should be purposely adopted as a means to that end
 Essence: To deprive the victim to defend himself and insure the execution of  Use of poison is not inherent in murder. It becomes inherent only when the
crime without risk on the offender offender has the intent to kill the victim and he uses poison as a means to
 Applicable only to crimes against persons kill him.
 When aggression is continuous – T must be present in the beginning
Case #2:
 When assault is not continuous – T must be present at the moment the fatal
H and W are married. W poisoned H. What crimes were committed by W?
blow was given
Answer:
 Treachery cannot be presumed
The crime is Parricide. Treachery is considered as aggravating and
 If assault was frontal – sudden and unexpected
applicable in increasing award for moral damages
 Must be alleged in the info
 Appreciated also in:
#19 Cruelty
- Aberration ictus (when the unintended victims were helpless to defend
 There is cruelty when the injuries or wounds are inflicted deliberately by the
themselves)
offender, which are not necessary for the killing of the victim.
- Error in personae
 Victim must be alive when the wounds were inflicted
 Treachery absorbs craft, abuse of superior strength, employing means to
weaken defense, band, aid of armed men, nighttime Art 249. Homicide  reclusion temporal
 T does not change the nature of a special complex crime like Robbery w/ Homicide is the unlawful killing of any person which is neither parricide, murder, nor
homicide infanticide.
 It is enough that there is treachery in the attack even if the offender has no
A. Elements:
intent to kill the person assaulted
1. That a person is killed
2. That the accused killed him w/o any justifying circumstance
#2 Abuse of Superior Strength
3. That the accused had the intention to kill, which is presumed
 Size, age, strength are considered
4. That the killing was not attended by any of the QC or murder, or by that of
 There is inequality of forces between the victim and the aggressor with
parricide or infanticide
superior strength or advantages
Case #3:
 Absorbs band
Father killed a 2-day baby while driving. What crime/s were committed by F?
 To qualify killing, superior strength must be taken advantage
Answer:
The crime is reckless imprudence resulting to infanticide. There is no intent
#3 With the Aid of Armed Men
to kill.
Requisites:
a. Armed men must take part in the commission of the crime directly or Notes:
indirectly  When victim is under 12 years old, penalty is reclusion perpetua
b. The accused must have availed himself or their aid or rely upon them  Intent to kill is conclusively presumed when death resulted
when the crime is committed  Evidence of intent to kill is important only in attempted or frustrated homicide
and is usually shown by: kind of weapon used by the offender; and parts of the
victim at which the weapon was aimed
 If intent to kill is not proved in A/F Homicide, accused is liable for Physical injuries
 Intent to kill must be proved by clear and convincing evidence
 Killing must not be justified (Eg. Self-defense, Defense of a stranger or relative)
 Intent to kill in frustrated homicide is incompatible with negligence/ imprudence
 If intent to kill is not established and victim did not die, only physical injuries
 RA 7610 – if the victim of H, M, SPI or Intentional Mutilation is under 12
years old, punishment is always Reclusion perpetua
 RA 9262 – if there is death or violence with intent to kill, apply M or H;
If there is violence without intent to kill, VAWC provisions apply
 RA 8294 –
 Illegal possession of firearms is AC in M or H (Nepomuceno, P also)
 Use of unlawfully manufactured, acquired, or possessed explosives is AC
in any crimes in the RPC if it results to injury or death (except political
crimes such as rebellion/insurrection, sedition, attempted coup that is
just absorbed as an element of the crime)
 Simple illegal possession of firearms can only be committed if no other
crime is committed with such firearm. IF there is some other crime
committed, the Illegal possession is absolved (Eg. alarms and scandal,
attempted homicide, etc..)
 What is an unlicensed firearm? – one without license, one with expired
license, unauthorized use of licensed firearm in the commission of crime
 What is Person is killed in the course of or in the occasion of carnapping?
It becomes qualified carnapping. Art 48 does not apply
 Wounds that caused death were inflicted by 2 persons (who are not in
conspiracy), each of them is guilty of homicide -- the burden of proof is on each
defendant to show that the wound caused by him did not cause the death
 Use of unlicensed firearm is an aggravating circumstance in homicide
 Accidental homicide is not a felony
 Corpus delicti – the actual commission of the crime charged; there must be
satisfactory evidence of:
a. Fact of the death
b. Identity of the victim
Art 250. Penalty for frustrated parricide, murder, or homicide
 Court’s discretion; Mandatory
 Two degrees lower for frustrated; Three degrees lower for attempted
 PD 110-A: An attempt on or a conspiracy against the life of the President,
member of his family, any member of his cabinet or member of the latter’s family
is punishable by reclusion perpetua without right of probation
Art 251. Death caused in a tumultuous affray
A. Elements
1. There be several persons
2. That they did not compose groups organized for the common purpose
of assaulting and attacking each other reciprocally (otherwise, they may
be held liable as co-conspirators)
3. That these several persons quarreled and assaulted one another in a
confused and tumultuous manner
4. That someone is 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 – prision mayor
(p2) If it cannot be determined who inflicted the serious physica injuries on the
deceased, the penalty of prision correccional ini its med and max periods shall be
imposed upon all those who shall have used violence upon the person of the victim.
Notes:
 Tumultuous affray -- disturbance that is caused by more than three persons who
are armed or are provided with means of violence (Art 153); there in no unity of
purpose and intention among the persons who used violence
 There is no crime of DTA if the quarrel is between two well-known groups
 Participant or non-participant can be killed of the affray
 Who are liable ?
a. Person/s who inflicted the SPI are liable
b. If it is not known who inflicted the SPI on the deceased, all the persons who
used violence are liable, but with a lesser liability
Art 252. Physical Injuries inflicted in a tumultuous affray
A. Elements
1. There is a tumultuous affray
2. That a participant or some participants suffer SPI or Less SPI
3. That the person responsible cannot be identified
4. That all those who appear to have used violence upon the person of the
offended part are known
(p2) When the physical injuries inflicted are of a less serious nature and the person
responsible therefore cannot be identified, all those who appear to have used
violence upon the person of the offended party shall be punishable by arresto mayor
from 5 to 15 days.
Notes:
 Injured party must be one or some of the participants in the affray
 Only those who used violence are liable
 Slight physical injuries are not included
 Those who inflicted PI are known—liable for PI and not Art 252
Art 253. Giving assistance to suicide
Any person who shall assist another to commit suicide shall suffer the penalty of
prision mayor, if such person lends his assistance to another to the extent of doing Art 254. Discharge of firearms
the killing himself, he shall suffer the penalty of reclusion temporal. However, if the Any person who shall shoot at another with any firearm shall suffer the penalty of
suicide is not consummated, the penalty of arresto mayor in its medium and prision correccional in its minimum and medium periods, unless the facts of the case
maximum periods shall be imposed. are such that the act can be held to constitute frustrated or attempted parricide,
Notes: murder, homicide, or any other crime for which a higher penalty is prescribed by any
 Acts punishable: of the articles of this Code.
a. Assisting another to commit suicide (Consummated or not)
b. Lending his assistance to commit suicide to the extent of doing the killing A. Elements:
himself 1. The offender discharges a firearm against or at another person
 Penalty of 1 or 2 degrees lower than that provided for consummated suicide 2. Offender has no intention to kill that person
should be imposed depending upon whether it is frustrated or it is attempted B. Complex Crime: illegal discharge of firearm with physical injuries (SPI/
suicide. LSPI)
 Art 253 does not make any reference t the relation of the offender with the  The act constituting the offense is shooting at another with any firearm, without
person committing suicide (M/F/C/spouse/relative) intent to kill
Case #4:  IF the firearm is not discharged at a person, that is not punished under Art 254.
H decided to commit suicide. He jumped in the bridge. He did not die, instead, killed  The discharge of the firearm should have been directed or initially aimed to the
B. Is there a crime? What crime/s were committed by H? offended party
Answer:  The purpose of the offender is only to intimidate or frighten the other party
1. Yes. H is liable for reckless imprudence resulting to homicide.  Intent to kill is negated by the distance or at least one shot only not multiple
2. No. Persons committing suicide is not criminally liable because suicide is not
a felony. No Intent to Kill No Intent to Kill No Intent to Kill W/ intent to W/ intent to kill
Case #5: Public place & A Aimed at a Fired at a kill Fired at a person
H decided to commit suicide. He jumped in the bridge. He did not die, instead, killed fired to the sky person person & Hit Fired at & inflicted mortal
B. Is there a crime? What crime/s were committed by H? person but did wound but lived
Answer: Art 153 not hit nor any d/t meds
1. Yes. H is liable for reckless imprudence resulting to homicide. (Tumults/Serious Art 254 (Illegal Physical injuries mortal wound Frustrated
2. No. Persons committing suicide is not criminally liable because suicide is not Disturbances) discharge of (S, L, or slight) Attempted Homicide or M
Art 155 (Alarms firearms) Homicide or
a felony.
and Scandals) M

Case #6:
A person has decided to commit suicide and requested another to assist in his
suicide. If the initiative did not come from the deceased, obviously it is H or M. Article 255. Infanticide  reclusion perpetua
 Mother (to conceal dishonor)  prision mayor medium and max
Case #7: Grandparents (to conceal dishonor)  reclusion temporal
A, a pregnant woman, tried to commit suicide by means of poison, but instead of  Infanticide is the killing of any child less than 3 days old, whether the killer is the
dying, the fetus in her womb was expelled. Is she liable for abortion? parent or grandparent, or any other person
Answer: A. Elements
1. No. Persons committing suicide is not criminally liable because suicide is not 1. That a child was killed
a felony. She is therefore, not liable for abortion for expelling the fetus 2. That the (X) child was less than 3 days old or 72 hours
instead. Also, abortion that resulted is unintentional, abortion not having 3. That the accused killed the child
been intended by her, and unintentional abortion is punishable only when it  Delinquent mother must be of good reputation and good morals, in order that
is cause by violence, not by poison. (Not to mention that the violence must concealing dishonor may mitigate her liability (NORA AUNOR)
come from another person not the victim)  Treachery and abuse of superior strength are inherent in infanticide, not as AC
 Conspiracy is applicable to conspiring relative and stranger in infanticide
 No infanticide is committed where the child was born dead, or although born
alive, it could not sustain an independent life when it was killed.  Child must be
born alive and fully-developed, that is, it can sustain an independent life.
Article 256. Intentional abortion
Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the
person of the pregnant woman.
2. The penalty of prision mayor, if, without violence, he shall act without the
consent of the woman
3. The penalty of prision correccional in its medium and max periods, if the
woman shall have consented.
 There is an intent to cause the abortion
 Two methods are included:
a. Violence (p1) without the consent of the woman
b. Acting (p2) either with or without consent of the woman includes
administering, ingesting, threats, intimidation
 Offender is aware that the woman is pregnant
 Abortion  willful killing if the fetus in the uterus, or the violent expulsion of the
fetus form the maternal womb which results in the death of the fetus
 Frustrated Intentional abortion when all the acts of execution have been
performed
Art 257. Unintentional Abortion
The penalty of prision correccional in its minimum and medium periods shall be
imposed upon any person who shall cause an abortion by violence, but
unintentionally.
A. Elements
1. There is a pregnant woman
2. There is violence upon the pregnant woman without intending an
abortion
3. The violence is intentionally exerted
4. As a result, the fetus dies, either in the womb or after having been
expelled
B. Complex crime:
1. UA through imprudence
2. Homicide with UA
3. Parricide with UA (such as H killed his 9 month-pregnant W)
 There is no frustrated unintentional abortion
 If violence was caused by imprudence, it is not UA, just reckless/ simple
imprudence resulting to UA
 Possible only through intentional violence exerted by another person
 Mere intimidation is not enough unless the degree of intimidation already
approximates violence. If pregnant woman aborted because of intimidation, the
crime committed is only light threats
Case #8:
A, a pregnant woman, tried to commit suicide. She did not die but suffered
miscarriage. Is she liable for IA or UA abortion?
Answer:
1. No. She is not liable under Art 256 (IA) because persons committing suicide
is not criminally liable because suicide is not a felony. She is therefore, not
liable for abortion for expelling the fetus instead. The one penalized in
suicide is the one giving assistance and not the person trying to commit
suicide.
No. She is not liable under Art 257 (UA). What is contemplated in UA is that
the force or violence must come from another. If it was the woman doing
the violence upon herself, it must be to bring about an abortion. The
violence must come from another person and not from the woman herself.
Case #9:
H gave to his pregnant W a bitter substance since she was suffering from a stomach
ache. The purpose was to cure it. However, W suffered an abortion instead. Is H
liable for abortion?
Answer: No. H is not liable for any abortion because it was not intended and it could
not be UA because there was no violence used.
Intentional Abortion Unintentional abortion
With or without violence Always with physical violence
By woman herself or another person Always by another person
Offender knows of the pregnancy Offender may or may not know of
pregnancy
There is intent to abort There is intent to inflict violence, but no
intent to abort
Art 258. Abortion practiced by the woman herself or by her parent
(p1) The penalty of prision correccional in its med and max periods shall be imposed
upon a woman who shall practice an abortion upon herself or shall consent that any
other person should do so.
(p2) Pregnant woman, to conceal her dishonor  prision correccional in its min and
med periods.
(p3) Maternal grandparents or either of them +with consent of the pregnant woman
for the purpose of concealing her dishonor  prision correccional in its medium and
max periods.
 A. Elements
1. There is a pregnant woman who suffered an abortion
2. The abortion is intended
3. The abortion is caused by
a. Pregnant woman herself
b. Any other person, with her consent
c. Any of her parents, with her consent, to conceal dishonor
Art 259. Abortion practiced by a physician or midwife and dispensing of abortives
(p2) Any pharmacist who, without the proper prescription from a physician, shall
dispense any abortive shall suffer arresto mayor and a fine not exceeding 1000 pesos.
A. Elements for Dr and Midwife
1. There is a pregnant woman who suffered an abortion
2. The abortion is intended
3. The offender is either a physician or midwife, causes or assists in
causing abortion
4. Said physician or midwife takes advantage of his or her scientific
knowledge or skill
B. Elements for Pharmacists
1. The offender is pharmacist
2. There is no proper prescription from a physician
3. The offender dispenses any abortive
 Penalties provided for IA (Art 256) shall be imposed in its max period upon
physician or midwife they incur a heavier guilt in making use of their
knowledge for the destruction of human life, where it should be used only for its
preservation
 For Pharmacists, the act constituting the offense is dispensing of abortive w/o
proper prescription from a physician. It is not necessary that the abortive be
actually used. If he knew that it will cause an abortion accomplice in the crime
 If the abortion is produced by a physician to save the life of the mother, there is
no liability. This is known as a therapeutic abortion. But abortion without medical
necessity to warrant it is punishable even with the consent of the woman or her
husband.
Case example:
A woman is pregnant got sick. The doctor administered a medicine which resulted in
abortion. The crime committed was unintentional abortion through negligence.
Art 260. Responsibility of a participant in a duel
(p1) Person who killed his adversary  reclusion temporal
(p2) Person who inflicted physical injuries  proper penalty accdg to nature
(p3) Combatants with / without injuries  arresto mayor
(p4) Seconds shall be punished as accomplices
Notes:
 Intent to kill is disregarded in considering the penalty for duel when only physical
injuries are inflicted upon the adversary.
Art 261. Challenging to a duel
The penalty of prision correccional in its min period shall be imposed upon any
person who shall challenge another, or incite another to give or accept a challenge
to a duel, or shall scoff at or decry another publicly for having refused to accept a
challenge to fight a duel.
Notes:
 Challenge to a due—must have in mind a formal combat to be concerted
between him and the one challenged in the presence of two or more seconds.
 Persons responsible are: challenger and Instigator
CHAPTER TWO: PHYSICAL INJURIES
Art 262. Mutilation
(p1) The penalty of reclusion temporal to reclusion perpetua shall be imposed upon
any person who shall intentionally mutilate another by depriving him, either totally
or partially, of some essential organ for reproduction.
(p2) Any other intentional mutilation shall be punished by prision mayor in its med
and max periods.
A. Elements
1. There be castration
2. Mutilation is caused purposely and deliberately, that is to deprive the
offended party of some essential organ for repro
Notes:
 Mutilation – lopping or the clipping off of some parts of the body
Kinds:
a. (Castration )By intentionally mutilating another be depriving,
either totally or partially, of some essential organ for reproduction
b. (Mayhem) By intentionally making other mutilation: lopping or
clipping off any part of the body if the offended party, other than
the essential organ for repro, to deprive him of that part
 There must be intent to mutilate, so it cannot be done by culpa.
 If no intent to mutilate  Serious physical injuries
 If there is intent to kill  Attempted or Frustrated H or M
 Mutilation cannot be punished under VAWC, but only under RPC
Art 263. Serious Physical Injuries
Any person who shall wound, beat, or assault another, shall be guilty of the crime of
serious physical injuries and shall suffer:
1 Prision mayor: the injured person shall become insane, imbecile, impotent, or
blind
2 P. Correccional (med to max): the person injured shall have lost an eye, a hand, a  Loss of an eye only
foot, an arm, or a leg, or shall have lost the use of any such member, or shall  Must be lost of power to hear of both ears, or else if only one, it is
have become incapacitated for the work in which he was therefore under P3
habitually engaged  Loss of the use of the hand or incapacity for usual work must be
3 P. Correccional (min to med): the person injured shall have become deformed, or permanent
shall have lost any other part of the his body, or shall have lost the use  Body parts contemplated are principal members of the body
thereof, or shall have been ill or incapacitated for the performance of the
LOST POWER TO – to speak, hear, smell
work in which he was habitually engaged for a period of more than 90 days
LOST USE OF – eye, hand, foot, arm, leg
4 Arresto mayor (max) to P. Correcional (min): if the PI inflicted shall have caused
LOST BODY PART – eye, hand, foot, arm, leg
the illness or incapacity for labor of the injured person for > 30 days
INCAPACITY TO WORK – permanent, as to job habitually
Proper Penalties Penalty if PI is committed to any person engaged in
in Art 246 or with any attendant QC in
Art 248 P3: Injured person becomes deformed, or loses any other member of
1 P. Mayor R. Temporal (med to max) the body, or the use therefor, or becomes ill or incapacitated for
the performance of the habitual work for > 90 days
2 P. Correccional (med to max) P. Correccional max to P. Mayor min
 Covers any non-principal members of the body
3 P. Correccional (min to med) P. Correccional (med to max)  Deformity must be :
a. Physical ugliness
4 A. Mayor (max) to P. Correccional (min) P. Correccional (min and med)
b. Permanent and definite abnormality
c. Conspicuous and visible
A. Complex crime:  Injury is such that it cannot be repaired by the action of nature
1. SPI through simple negligence or imprudence  Injured person must have an avocation or work at the time of the
2. SPI through reckless imprudence injury (includes studies or preparation for a profession)
3. Robbery with SPI – if injured is not responsible for the robbery
B. Resulting injuries P4: Injured person becomes ill or incapacitated for labor for > 30 days
P1: Injured person becomes Insane, Imbecile, Impotent or Blind  Comprehends any kinds of labor
 Impotence means loss of power to procreate which includes Q1: Does the length of the length of incapacity need to be proven?
inability to copulate and sterility A: In prosecution of this crime where the category of the offense and the
 When victim is under 12 yrs old, penalty shall be R. perpetua severity of the penalty depend on the period of illness or incapacity for
 Blindness must be of 2 eyes (not just merely weakness of labor, the length of this period must also be proven beyond reasonable
vision) doubt in much the same manner as the main act charged
 There is no incapacity if the injured party can still engage in his
MENTAL – insane or imbecile work although less effective than before
PHYSICAL – impotent or blind  Penalties are not to be imposed on a parent who inflicted PI upon
- Blindness : must be complete his child by excessive chastisement
- Impotence : Loss of power to procreate
- Castration was done with intent to deprive Q2: The offender threw acid on the face of the offended part. Were it not for
the victim of the power of generation : timely medical attention, a deformity would have been produced on the
Mutilation and not SPI face of the victim. After plastic surgery, the offended party was more
handsome than before the injury. What crime was committed?
P2: Injured person loses use of speech or power to hear or smell or
loses an eye, hand, arm, or leg, or loses use of any such member or A: The crime is SPI because the problem itself states that the injury would
becomes incapacitated for habitual work have produced a deformity. The fact that the plastic surgery removed the
 deformity is immaterial because in law what is considered is not the
artificial treatment but the natural healing process.
Notes:
 There must be no intent to kill
 The crime of PI is a crime of result. There is no attempted or frustrated PI is
because PI is determined on the gravity of the injury.
 In attempted homicide, there could be no physical injuries
 SPI related to robbery with physical injuries:
 Par 1, if committed “by reason or on occasion of robbery” (RT med - RP)
 Par 2, if committed “by reason or on occasion of robbery” (RT)
 Par 3-4, if com “in course of execution of robbery” (PM max- RT med);
means robbery is not yet fully accomplished when SPI were inflicted
Art 264. Administering injurious substances or beverages
A. Elements
1. The offender inflicted upon another any SPI
2. It was done by knowingly administering to him any injurious substances
or beverages or by taking advantage of his weakness of mind or
credulity
3. He had no intent to kill
Notes:
 Administering means introducing into the body the substance
 Art 264 does not apply when physical injuries that result are less or slight
 It cannot be done by culpa
 IF substance is poisonous  Murder
 IF offender did not know substance was injurious  Reckless imprudence
resulting to SPI
 IF substance is not enough to kill  SPI or LSPI; not an impossible crime
Art 265. Less serious physical injuries
(p1) Any person… who shall incapacitate the offended party for labor for 10 days or
more, or shall require medical attendance for the same period, shall be guilty of LSPI
and shall suffer the penalty of arresto mayor.
(p2) Whenever LSPI shall have been inflicted with the 1 manifest intent to insult or
offend the injured person, or under circumstances adding ignominy to the
offense,...plus P500.00
(p3) Any LSPI inflicted upon the offender’s parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority  P. correccional (min to med),
Provided that, in the case of persons in authority, the deed does not constitute the
crime of assault upon such persons.
Notes:
 There must be proof as to the period of the required medical attendance
 Harming PIA is LSPI when PIA is not performing acts in the course of his duties or
if the offender did not know the victim was a PIA
Art 266. Slight physical injuries and maltreatment
The crime of Sight Physical Injuries shall be punished:
1. A. Menor – when the offender has inflicted PI which shall incapacitate the
OP for labor from 1- 9 days, or shall require medical attendance
during the same period
2. A. Menor/ Fine not exceeding P 200. 00 and censure – when the offender
has caused PI which do not prevent the OP from engaging in his
habitual work nor require med. Attendance
3. A. Menor (min) / Fine not exceeding P 50.00 – when offender shall ill-treat
another by deed without causing injury
Case #10:
a. A with intent to cause bodily harm, slapped B.  Slight Physical Injury (p3)
b. A slapped B to humiliate him.  Slander by deed
c. A slapped B to annoy him.  Unjust Vexation ( Art 287)
Notes:
 Contusion on the face or black eye produced by fistic blow (Art 266 p2)
 In the absence of evidence of actual injury, it is only slight physical injury (esp.
absence of proof as to the incapacity for labor of the required med attendance)
 Slapping the face of OP without causing dishonor is Slight PI under Art 266 p3
 Supervening event converting the crime into SPI after filing of the info for slight PI
can still be the subject of a new charge
Art 266-A. Rape.
Rape is committed—
1. By a MAN who shall have carnal knowledge of a woman under any of the ff
circumstances: (reclusion perpetua)
a. Through force, threat, intimidation
b. When the OP is deprived of reason or is otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the OP is under 12 years of age or is demented, even though
none of the cirs mentioned above be present
2. By ANY PERSON who, under any of the cirs in (p1), shall commit an act of
sexual assault by
a. inserting his penis into another person’s mouth or anal orifice, or
b. any instrument or object, into the genital or anal orifice of another
person
Art 266-B Penalties
 I. Reclusion perpetua:
1. Rape by sexual intercourse (p1)
2. Rape with use if deadly weapon or by 2 or more persons
3. Victim has become insane
4. Rape is attempted and a homicide is committed
5. Rape with homicide
II. Reclusion perpetua without eligibility for parole
1. Victim is under 18 yrs old and offender is parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity within the 3 rd
degree, or common law spouse of the parent of the victim
2. Victim is under the custody of the police or military authorities or any
law enforcement or penal institution
3. Rape is committed in full view of the spouse, parent, any of the children
or other relatives within the 3rd degree of consanguinity
4. Victim is a religious engaged in legitimate religious vocation or calling
and personally know by offender
5. Victim is below 7 years old
6. Offender is afflicted with HIV/ AIDS or any other STDs and the virus and
disease is transmitted to the victim
7. Committed by any 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
8. Victim has suffered permanent physical mutilation or disability
9. Offender knew of the pregnancy of the OP during the rape
10. Offender knew of the mental disability, emotional disorder and/or
physical handicap of the Op during the rape
III. For Rape by Sexual Assault (Prision mayor)
1. Use of deadly weapon or by 2 or more persons  Prision mayor to
Reclusion Temporal
2. Victim becomes insane  Reclusion temporal
3. Attempted rape with homicide  Reclusion perpetua
4. Rape with homicide  Reclusion perpetua
5. With any of the 10 AC/ QCs  Reclusion Temporal
Notes: Kinds of Rape
1. Rape by Sexual Intercourse
 Partial penetration is enough; Proof of emission is not necessary; slightest
penetration consummates the crime
 There must be sufficient and convincing proof that the penis indeed touched the
labias or slid into the female organ, and not merely stroked the external surface
to be convicted of consummated rape.
 Not applicable when there is no sexual intercourse and only acts of lewdness are
performed
 Broken or ruptured hymen is not essential element
 One out of 4 circumstance or modes is enough to consummate the crime
 Aka Penile rape or Organ rape
 Can be committed by a woman through (Principal by Indispensable cooperation,
by Inducement, or by Force, but nor through Direct Participation)
2. Rape by Sexual Assault
 Committed when a finger is inserted in the victim’s vagina or the accused partially
inserted his penis into the victim’s anal orifice
Notes (Random)
 By Using Force and Intimidation – relative depending on the age, size, and
strength of the parties and their relation to each other;
- when resistance is futile, does not amount to consent
- Not necessary that victim should have resisted unto death or sustained
physical injuries
- Force can be actual or constructive
- Enough that intercourse took place against her will or if she yields because
of the apprehension of harm to her is he did not do so
Note: the law does not impose upon the rape victim the burden of proving resistance
- Intimidation should have produced fear upon the victim (includes moral kind
such as threatening with the use of knife or gun)
- Moral ascendancy or influence substitutes for the element of physical force
or intimidation (resistance is not necessary anymore)
 Testimony of the offended woman must be uncorroborated; must be conclusive,
logical and probable
 Principles in prosecution of Rape cases:
a. Accusation for rape is difficult to prove, but more difficult for the
accused, though innocent, to disprove
b. Testimony of the complainant must be scrutinized with extreme caution
c. Evidence for the prosecution must stand or fall on its own merits, and
cannot be allowed to draw strength from the weaknesses of the
evidence of the defense
 OP deprived of reason or otherwise unconscious – deprivation need not to be
complete. Mental abnormality or deficiency is sufficient. Intercourse with a deaf-
mute is not rape, in the absence of proof that she is an imbecile. Intellectually
weak to the extent that she is not capable of giving consent to intercourse.
 There is not crime of frustrated rape but only attempted rape because not all the
acts of execution were performed. Offender merely commenced the commission
of a felony by overt acts
 Statutory Rape – when victim is under 12 years old despite consent or being a
prostitute. Burden of proof on the prosecution to prove: age of the complainant,
 identity of the accuse, and sexual intercourse bet OP and offender. No need for
force, threat, intimidation, or other circumstances to exist.
 Proof of Age – Certified True Copy of Birth Certificate  Baptismal Certificates
and school records  Credible testimony of the mother or any relative 
testimony of the victim
 Character of the offended part is immaterial in rape
 Conspiracy in Rape (or Multiple Rape) – Each is responsible for the rape
committed by him plus the rape committed by others because they participate by
direct execution and by acts without which the commission of the crimes would
have not been accomplished
 Rape with homicide is a special complex crime. (Is there is no Rape with Murder?)
 No frustrated rape only frustrated rapists 
 Separate crimes of murder or homicide and not rape with homicide or murder
when victim is dead or at the point of dying when she was ravished. It is more of
an ignominy
 Victim is under 12 years old: Statutory rape (Art 266-A (1) (d) of RPC
 Victim is 12 years or older: Sexual abuse (Section 5 (b) of RA 7610 or rape
(Art 266-A except p1(d) of RPC
Art 266-C Effect of Pardon
 Marriage extinguishes that penal action and the penalty only as to the principal
(husband) and not as to the accomplices and accessories; provided marriage is
not void ab initial; also forgiveness of wife of her husband
 Also benefits of marriage cannot be extended to co-principals (including the
husband) in crime of multiple rape
 Marital rape – A husband may be guilty of rape of his wife “ In case it is the legal
husband who is the offender …” under Section 266-C of RA 8353
Art 266-D Presumptions
Evidence which may be accepted in the prosecution of rape:
a. Any physical overt act manifesting resistance
b. When OP is so situated as to render him/her incapable of giving consent
 No preferential right to file complaint – any peace officer or employee of the
government institution in charge of the execution of law violated can act as
complainant because of his knowledge of the evidence and facts of the case; no
consent of the OP is needed
 RA 8353 degenderized the crime of rape. It is a gender-free law. Victims could be
either gender.
Questions:
1. What if the offender inserts his organ and then his finder in a woman’s vagina?
-- is it 1 count of rape and 1 count of sexual assault?
SPECIAL LAWS
1. RA 9262: ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF
2004
VAWC – refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has
or had sexual or dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited
to, the ff acts:
A. Physical Violence – acts that include bodily or physical harm
B. Sexual Violence – an act which is sexual in nature, committed against a
woman or her child…
C. Psychological Violence – acts or omissions causing or likely to cause mental
or emotional suffering of the victim such as but not limited to intimidation,
stalking, damage to property, public ridicule or humiliation, repeated verbal
abuse and mental infidelity.
D. Economic Abuse – acts that make or attempt to make a woman financially
dependent…
Notes:
 Acts of Violence Against Women and their Children
a. Causing, Threatening, Attempting to cause physical harm to the woman or
her child
b. Placing the woman or her child in fear of imminent physical harm
c. Attempting to compel the woman or her child to engage in conduct wherein
they have right to desist; attempting to restrict their freedom of movement
d. Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions
e. Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman and her
child or her/his immediate family
f. Engaging in purposeful, knowing, or reckless conduct, personally or through
another that alarms or causes substantial emotional or psychological distress
to the woman or her child.
g. Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child
1. Actual, threatened, or attempted physical harm, or placing in constant fear
2. Controlling what woman or her child could do or restricting freedom (by
using physical, financial or emotional leverage)
3. Using force or intimidation to have the woman or child perform non-rape
sexual activity
 4. Acts that cause emotional or psychological distress, humiliation, or ridicule
to the woman or her child 3. RA 9775: ANTI-CHILD PORNOGRAPHY LAW
Who is a child?
- Below 18 years old
 If the acts are committed while the woman or her child is pregnant or committed
- Mentally incapacitated
in the presence of her child, the penalty to be applied shall be the max period
- Person of age, but depicted as a child
- Computer generated child
2. RA 8049: ANTI-HAZING LAW
Child pornography – representation, visual, audio, or written, of child engaged in
Hazing – This is an initiation rite or practice which is a prerequisite for admission into
real or simulated explicit sexual activities
membership in a fraternity or sorority or any organization which places the neophyte
Punishable Acts:
or applicant in some embarrassing or humiliating situations or otherwise subjecting
1. Producing child porn, hiring children, providing venues
him to physical or psychological suffering or injury.
2. Selling, distributing, broadcasting, or possession with the same intent
This does not include any physical, mental, psychological testing and training
 Presumed intent if there is possession of at least 3 copies of child
procedure and practice to determine and enhance the physical and psychological
porn in the same form (prima facie evidence of intent to do)
fitness of prospective members of: AFP, PNP, PMA, of officers or cadet corps of the
 Panderers are covered (selling material claiming to be child porn
CMT or CAT.
when it is not)
3. Parent/ guardian permitting child to engage in porn, or luring / grooming a
Elements of valid initiation rites:
child
1. No physical violence
 Luring: communicating through computer w/ child to facilitate
2. Prior written notice to school authorities or head of the org (ex. AFP) 7 days
sexual activity or porn production
before the initiation (school or org sends representative)
 Grooming: preparing child for sexual activity by communicating
3. Notice include names of those subjected and time period
child porn
4. Initiation must not exceed 3 days
4. Willfully accessing or possessing child porn
Liable as principals:
5. Conspiracy; Syndicated child porn (at least 3 persons conspiring or
1. Officers and members who actually participated in the infliction of physical
confederating with one another)
injury or death
2. Officers or alumni who planned the hazing through not present
4. RA 9344: JUVENILE JUSTICE AND WELFARE ACT
3. Parents and members whose house is used, if they knew but did not
Prohibited acts by competent authorities
prevent such acts from happening
1. Branding or labeling the child as young criminal, juvenile delinquent,
Liable as accomplices:
prostitute, or attach other derogatory names, or making discriminatory
1. Owner of the place where it was done, if he has actual knowledge of what
remarks
was happening
2. Employment of threats of whatever kind or nature
2. School authorities who consented to the hazing or knew, but did not
3. Abusive, coercive, and punitive measure, CIDT, involuntary servitude
prevent
Qualifying circumstances:
1. Recruitment by force, violence, threat, intimidation, or deceit
2. Recruit consented to join but wanted to quit upon learning about hazing, 5. RA 7610: SPECIAL PROTECTION AGAINST CHILD ABUSE
but was not allowed to quit Punishable acts of child prostitution:
3. Recruit was prevented from reporting to parents or authorities through 1. Promoting. Facilitating, or inducing child prostitution
force, violence, threat, intimidation  Attempt – non-relative of the child found alone with the latter
4. Hazing committed outside school or institution inside an area under circumstances that would lead a reasonable
5. Victim is below 12 years old person to believe the child is about to be exploited
Notes: 2. Those who commit sexual intercourse or lascivious conduct with child
 Praeter intentionem is not a defense under RA 8049 exploited in prostitution
  If child is under 12  Charge under RPC
 Attempt – receiving services from child in massage parlor, sauna,
health club, etc..
3. Deriving profit or advantage from child prostitution
Punishable acts of child trafficking:
1. Engaging in trading and dealing with children, as in buying and selling
children for consideration
2. Qualified trafficking if victim is under 12
Attempted child trafficking:
1. Child travels alone to foreign country w/o valid reason, clearance from
parents or guardian, or DSWD
2. Person or institution recruits women or couples to bear child to be trafficked
3. Doctor, midwife, nurse, or other hospital employee simulates birth for
purpose of child trafficking
4. Person finds children among low-income families, hospitals, clinic, etc. for
trafficking
6. RA 9208: ANTI-TRAFFICKING IN PERSONS ACT OF 2003
Section 2:
- Prioritize programs that will promote human dignity, protection from
any violence and exploitation, eliminate trafficking in persons, and
recovery and rehabilitation of trafficked persons
Section 3:
a. Trafficking in persons – recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victim’s consent or knowledge, or
benefitting therewith, within or across national borders by means of threat
or use of force, or other forms of coercion, abduction, fraud deception,
abuse of power or of position.
b. Child – below 18 or above 18 but unable to fully take care or protect self
from abuse, neglect, cruelty, exploitation, discrimination d/t physical or
mental disability or condition
Section 6: Qualified Trafficking in Persons
a. When the trafficked person is a child
b. When the adoption is effected through RA 8043 (Inter-Country Adoption Act
of 1995) for the purpose of prostitution, pornography sexual exploitation,
forced labor slavery, involuntary servitude or debt bondage.
c. Crime is committed by a syndicate on in large scale
d. Offender is an ascendant, parent, sibling, guardian, or a person who
exercises authority over the trafficked person or when the offense is
committed by a public officer or employee
e. The TP is recruited to engage in prostitution with any member of the
military or law enforcement agencies
f. Offender is a member of the military or law enforcement agencies
g. When by reason or on occasion of the act of the trafficking in persons, the
OP dies, becomes insane, suffers mutilation or is afflicted with HIV/AIDS
Section 11. Use of Trafficked Persons
a. First offense – 6 mo community service plus P 50, 000.00
b. Second offense – 1 year imprisonment plus P 100, 000. 00
Tandaan Trafficked persons shall be considered under the category “Overseas
Filipino in Distress”
7. RA 9372: HUMAN SECURITY ACT OF 2007
Section 2: Declaration of Policy
- Condemn terrorism as inimical and dangerous to the national security
of country and to the welfare of the people
- Make terrorism a crime against the Filipino people, against humanity,
and against the law of the nations
Section 3: Terrorism – any person who commits an act punishable under any of the
ff provisions of RPC
a. Art 122 (Piracy in General and Mutiny in the High Seas or in Phil. waters)
b. Art 134 (Rebellion or Insurrection)
c. Art 134-a (Coup d’Etat), including acts committed by private persons
d. Art 248 (Murder)
e. Art 267 (Kidnapping and Serous Illegal Detention)
f. Art 324 (Crimes involving Destruction, or under)
1. PD 1613 (Law on Arson); 2. RA 6969 (Toxic subs and Hazardous and
Nuclear Waste Control Act of 1990); 3. RA 5207 (Atomic Energy
Regulatory and Liability Act of 1968); 4. RA 6235 (Anti-Hijacking Law); 5.
PD 532 (Anti-piracy and Anti-highway Robbery Law of 1974); 6.
PD 1866 (Illegal and Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunitions or Explosives
Section 4: Conspiracy to Commit Terrorism – 40 years of imprisonment
Section 5: Accomplice –17 years, 4 mos, 1 day to 20 years
Section 6: Accessory – 10 years, 1 day to 12 years
a. By profiting himself or assisting the offender to profit by the effects of
the crime
b. By concealing or destroying the body of the crime
c. BY harboring, concealing, or assisting in the escape of the principal or
conspirator of the crime.
 Court of Appeals written order for surveillance contains: a) Identity of the
suspect, b) Identity of the team members, c) Offenses committed, d) Duration of
the authorization
 It is unlawful for any person, police officer or any custodian of the tapes, discs,
and recording, and their excerpts and summaries, written notes or memoranda to
copy, remove, delete, expunge, incinerate, shred or destroy in any manner
partially of totally the those items – 6 years to 12 years imprisonment
 Suspects may not be detained for more than 3 days w/o written approval of a
Mun/ City/ Provincial official of a HRC or judge of MTC/ RTC, CA, or Sb

Section 21: Rights of a Person under Custodial Detention

a. To be informed of the nature and cause of his arrest, To remain silent, To
have a competent and independent counsel of choice
b. To be informed of the cause/s of his detention in the presence of his counsel
c. Allowed to communicate freely and privately without restrictions with the
members of his family or w/ his nearest relatives and be visited by them
d. Allowed freely to avail of services of physician/s of choice

Section 24: No torture or Coercion in Investigation and Interrogation—otherwise

evidence is not admissible and usable

Section 53: Anti-Terrorism Council:

Executive Secretary – Chairman, DOJ Secretary -- Vice Chairman
Members -- Secretary of DFA, DILG, DOF, DND, National Security Adviser

8. RA 9745: ANTI-TORTURE ACT OF 2009

Torture – an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining form him/her or a
3rd person information or a confession
 Torture as a crime shall not absorb or shall not be absorbed by any other crime
or felony committed as a consequence or as means to commission.
Victim – person subjected to torture or other cruel punishment
Order of Battle – document with list of names of persons or organizations considered
as enemies of the State
Section 7: Prohibited Detention – Secret detention places, solitary confinement,
incommunicado or other similar forms of detention, where torture may be carried
out without impunity are hereby prohibited.
Section 8: Rights of a victim of torture:
a. To have a prompt and an impartial investigation by the CHR, DOJ, PNP, etc..
b. To have sufficient government protection against all forms of harassment
c. To be accorded sufficient protection in the manner by which he/she testifies
and presents evidence in any for a in order to avoid further trauma