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DESTRUCTION OF LIFE
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or
illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or homicide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not
require knowledge of the relationship
Requisites:
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 both of them any serious physical injury in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other
spouse.
Notes:
Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder
2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying
circumstance. They cannot be considered as generic aggravating circumstances
3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic
aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.
Notes:
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or
frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is
guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of
death and (2) the identity of the victim
Notes:
Acts punishable:
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.
Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her 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 death a person suffering
from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for
murder
4. Penalty is mitigated if suicide is not successful.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender
is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide
2. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if
she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was
killed.
Notes:
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation for the parents
of the pregnant women even if their purpose is to conceal their daughter’s dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for art
258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259)
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of
dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice
Acts punished:
Persons liable:
1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases
2. Accomplices – as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on
each side, who make the selection of arms and fix all the other conditions of the fight
2. If death results, the penalty is the same as that for homicide
Acts punishable:
Persons liable:
1. Challenger
2. Instigators
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential
organ for reproduction, to deprive him of that part of the body
Elements:
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second
kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
Notes:
1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of
the body. In this respect, a front tooth is considered as a member of the body, other than a principal member
8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be
conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a
deformity
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is
only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the
same
13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body
14. If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as
lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not
cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or
preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor,
there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although less effectively than before
19. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on
parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries
resulting from excessive chastisement by parents is not qualified serious physical injuries
Notes:
Notes:
1. Circumstances qualifying the offense:
1. when there is manifest intent to insult or offend the injured person
2. when there are circumstances adding ignominy to the offense
3. when the victim is either the offender’s parents, 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
5. It falls under this article even if there was no incapacity but the medical treatment was for 13 days
1. E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period
2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex.
Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor)
1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of
the RPC to be known as Chapter 3
1. By a man who have carnal knowledge of a woman under any of the following circumstances:
1. through force, threat or intimidation
2. when the offended party is deprived of reason or otherwise unconscious
3. by means of fraudulent machination or grave abuse of authority
4. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned
above be present
5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit an ac of sexual assault by
inserting
1. his penis into another person’s mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of another person
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
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
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities or any law enforcement or penal institution
4. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of
consanguinity
5. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime
6. a child below 7 years old
7. g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is
transmitted to the victim
8. h. offender; 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
9. victim suffered permanent physical mutilation or disability
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
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 insane
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
Notes: