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Introduction:
Article 332 provides for an absolutory cause in
the crimes of theft, estafa and malicious
mischief by directing that “No criminal but only
civil liability, shall result” if the crimes
are mutually committed by the persons
enumerated therein. This is based on the
relationship between the accused and the
victim.
The exemption applies provided the crimes are
not complexed with other crimes
Kinds:
1. Forcible (Article 336) if made under
circumstances of forcible rape, i.e through
force, threat, violation, intimidation,
Abduction Notes:
There may or may not be deceit employed to
Concept: get the woman to agree, as for example,
The taking away of a woman with lewd designs i.e. convincing the woman to elope with the man.
to The consent must be given freely and
obtain sexual gratification. intelligently.
There be lewd design else the crime may be
1. Forcible (Article 342): if the taking away is inducing a minor to abandon the home
against her will.
Elements
a. The person abducted is any woman,
regardless or her age, civil status, or
reputation;
b. The abduction is against her will;
c. The abduction is with lewd designs.
Notes:
This presupposes the use of force, violence
threat or intimidation or any method to
overcome her resistance, or to deprive her of
the ability to resist
If the woman was thereafter raped, it the
crime is Forcible Abduction with Rape, and if
there be several rapes, the other rapes are
considered as separate crimes.
From Kidnapping/Serious Illegal Detention
o In kidnapping, there is no lewd design but
to either deprive or restrain the woman of
her personal liberty/freedom of
movement, or the purpose is to demand a
ransom
o If several rapes were committed on the
woman, the crime is kidnapping with rape
and the other rapes are absorbed and are
aggravating circumstances while in
Abduction, the other rapes are separate
offenses
It is Trafficking in Persons if the purpose is for
sexual exploitation, forced labor or services,
slavery, involuntary servitude or debt
bondage, or sale of organs
Elements
1. Offended party is a virgin;
2. She is over 12 and under 18 years of age;
3. Offender takes her away with her consent,
after solicitation or cajolery;
4. The taking away is with lewd designs
another, the accused was placed in an
CRIMINAL NEGLIGENCE emergency and compelled to act immediately
Introduction: to avoid an impending danger, and in so doing
Negligence may either be criminal or not. Non he injured another, even if his choice of action
criminal was not the wisest under circumstances. This
negligence may either be contractual or quasi- is similar to the exempting circumstance of
delictual. accident.
Criminal Negligence is the third among the three 3. The defense of contributory negligent does not
classes of crimes, the two others being intentional apply in criminal cases committed through
or reckless imprudence, since one cannot allege
malicious crimes and the other being crimes mala the negligence of another to evade the effects
prohibita. of his own negligence ( Manzanares s. PP, 504
SCRA 354)
Negligence is deficiency of perception or lack of 4. Contributory negligence on the part of the victim
foresight: the failure to foresee impending injury, merely mitigates the civil liability of the
thoughtlessness, failure to use ordinary care. accused.
Whereas, NOTE: If, in a vehicular accident, the accused
abandons the victims, this act will result to the
imprudence is deficiency of action in avoiding an imposition of a penalty one degree higher. Except
injury due to lack of skill. Both result to a culpable in
felony. the following instances:
a). if he leaves because he is in imminent dangerof
Reckless: If the danger to another is visible and being harmed
consciously appreciated by the accused. It is b). he leaves to report to the police
simple if the injury is not immediate or openly c). or to summon a physician, nurse or doctor.
visible.
Principles:
Defenses Allowed:
1. If both the victim and the accused were
negligent, the accused may be held liable
under the Doctrine of Last Clear Chance i.e it
was he who had the sufficient opportunity to
avoid the accident after noticing the danger
2. Emergency Rule: due to the negligence of