Reviewer in Crim Title 8 and 9

8/13/2019 Reviewer in Crim Title 8 and 9

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Art. 246 Parricide

Elements:

1. That a person is killed.2. That the deceased is killed by the accused.3. That the deceased is the father, mother or child,

whether legitimate or illegitimate, or legitimate other

ascendant or other descendant or the legitimate spouse

of the accused.

Essential Element: Relationship

Penalty: RPerpetua to Death

Nota Bene:

1. Only relatives by blood may be legitimate orillegitimate. An adoptive parents and a adopted son is

not included in 246.

2. Relationship must be alleged. If not it can beconsidered as aggravating.

3. Parricide through reckless imprudence is punished byAMayor to PCorreccional Medium.

Art. 247 Death or Physical Injuries inflicted under exceptional

circumstance

Elements:

1. That a legally married person or a parent surprises hisspouse or his daughter, the latter under 18 years of age

and living w/ him in the act of committing sexual

intercourse w/another woman.

2. That he/she kills any or both of them or inflicts uponany or both of them any serious physical injuries in the

act or immediately thereafter.

3. That he has not promoted or facilitated the prostitutionof his wife or daughter, or that he/she has not

consented to the infidelity.

Penalty: DestierroNota Bene:

1. Surprising-during2. Killing- immediately thereafter3. Not applicable when accused did not see his spouse in

the act of sexual intercourse. Principle of

Obfuscation

4. The discovery, the escape,the pursuit and the killingmust all form part of 1 continuous act.

5. No criminal liability when less serious or slightphysical injuries are inflicted.

Art. 248 Murder

Elements:

1. That a person is killed.2. That the accused killed him.3. That the killing was attended by any of the qualifying

circumstances mentioned.

4. The killing is not parricide or infanticide.Qualifying circumstance=Treachery/ Taking advantage of superior strength/ with aid of

armed men/ employing means to weaken the defense/ or means or

persons to insure or afford impunity

-in consideration of a price, reward or promise

-by means of inundation, fire, poison, shipwreck, stranding of a

vessel, derailment or assault upon the railroad, fall of an

airship, by means of motor vehicle (s), use of any other means

involving great waste and ruin.

-on occasion of any calamities; earthquake, eruption of a

volcano, destructive cyclone, epidemic other public calamity

-with evident premeditation

-with cruelty, deliberately and inhumanly augmenting the

suffering of the victim, outraging or scoffing at his person or

corpse.

Penalty: RP to Death

Nota Bene:

1. Rules for the application of the circumstances which qualify

the killing to murder:

-that murder will exist with only one of the circumstances

-when more than one of said circumstances are present, the others

must be considered as generic aggravating.

-that when other circumstances are absorbed or included in one

qualifying circumstance, they cannot be considered as generic

aggravating.

-that any of the qualifying circumstance must be alleged.

2. The killing of the victim is qualified with treachery, when

the killing is sudden and unexpected, and the victim is not in

the position to defend himself.

3. Employing means or persons to insure his impunity- to prevent

from being recognized, or to secure himself against detection and

punishment

4. The offender must have intent to kill to be liable for murder

committed by means of fire or other means under par 3.

Art 249 Homicide

Elements:

1. That a person is killed.2. That the accused killed him w/o any justifying

circumstance.

3. That the accused had intention to kill, which ispresumed.

4. That the killing was not attended by any of thequalifying circumstance of murder, or that of parricide

or infanticide.

Penalty: RTemporal

Nota Bene:

1. The penalty of homicide shall be RPerpetua when thevictim is under 12 y/o.

2. The use of unlicensed firearm is not considered as aseparate crime but shall be appreciated as an

aggravating circumstance.

3. Accidental homicide is the death of a person broughtabout by a lawful act perform proper care and skill, and

w/o homicidal intent.

Ex: Boxing game (Generally, not felonious except when

the rules is violated it would be homicide thru

negligence)

Art. 250 Penalty for frustrated parricide, murder or homicide

Penalty; degree lower than that to be imposed in Art 50

Art 50- penalty for the principals of a frustrated crime- penalty

next lower in degree (in view of the facts of the case)

Attempted Crime: 2 degrees lower

Art 251 Death caused in Tumultuous Affray

Elements:

1.

That there be several persons2. That they did not compose groups organized for thecommon purpose of assaulting and attacking each other

reciprocally.

3. That these several persons quarreled and assaulted oneanother in a confused and tumultuous manner.

4. That someone was 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 seriousphysical injuries or who used violence can be

identified.

Penalty:

-If the person who inflicted the injuries can be identified

PMayor

-If cannot be determined-PCorreccional Med and Max shall be

imposed upon all those who used VIOLENCE.

Nota Bene:

1. Tumultuous affray exist when atleast 4 persons tookpart.

2. The person killed need not be a participant in theaffray.

3. Who are liable for Death in tumultuous affray?-The person (s) who inflicted the serious physical

injuries.

-if unknown, all the persons who used violence upon the

victim.

Art. 252 Physical Injuries in a tumultuous affray

Elements:

1. That there is a tumultuous affray as referred in thepreceding article.

2. That a participant or some participants thereof sufferphysical injuries or less serious physical injuries.

3. That the person responsible therefor cannot beidentified.

4. That all those who appear to have used violence upon theperson of the offended party are known.

Penalty: Serious Physical Injuries- Next lower in degree than

that prescribed

Less serious Physical Injuries-AMayor from 5 to 15 days

Nota Bene:

1. Unlike in Art 257, the injured party must be one or someof the participant of the affray.

-If the one who caused physical injuries is known, he

will the only on liable for such.

Art. 253 Giving assistance to suicide

Acts punishable by giving assistance to suicide:

1. By assisting another to commit suicide, whether thesuicide is consummated or not- PMayor

2. By lending his assistance to another to commit suicideto the extent of doing the killing himself- RTemporal

3. If suicide is not consummated- AMayor Med and Max


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Nota Bene:

1. A person who attempts to commit suicide is notcriminally liable.

Art 254: Discharge of firearms

Elements:

1. That the offender discharges a firearm against or atanother person.

2. That the offender has NO INTENTION to kill that person.Penalty: PCorreccional Min and Med

Nota Bene:

1. Firing a gun against the house of the offended party atrandom, not knowing in what part of the house the people

inside were, is only alarm under 155.

2. There must be no intent to kill , the purpose of theoffender is only to intimidate or to frighten the

offended party.

3. If in the illegal discharge of firearm the offendedparty is hit and wounded, there is complex crime of

discharge of firearm w/ physical injuries.

Art. 255 Infanticide

Elements:

1. That a child was killed.2. That the deceased child was less than three days old (72

hrs)

3. That the accused killed the said child.Penalty:

-that of parricide and murder

-if committed for the purpose of concealing dishonor by mother-

PMayor Med and Max

=maternal grandparents or either of them- RTemporal

Nota Bene:1. If the father or mother or legitimate grandparent killsthe child, the penalty is that of corresponding to

parricide.

2. If the offender is not related to the child, the penaltycorresponding to murder shall be imposed.

3. Stranger cooperating with the mother in killing a childless than 3 days old is guilty of infanticide but the

penalty is that of murder.

Art. 256 Intentional Abortion

Ways of committing Intentional Abortion

1. By using any violence upon the person of the pregnantwoman- RTemporal

2. By acting but w/out using violence, w/out the consent ofthe woman-PMayor

3. By acting (administering drugs or beverages) with theconsent of the pregnant woman Pcorreccional Med and

Max

Elements:1. That there is a pregnant woman.2. That violence is exerted, or drugs or beverages

administered, or that the accused acts upon such

pregnant woman.

3. That as a result of the use of the violence or drugs orbeverages upon her or any other acts of the accused, the

fetus dies, either in the womb or after having been

expelled therefrom.

4. That the abortion is intended.Nota Bene:

1. In abortion, the fetus may be over or less than sixmonths old.

2. In par 3 (the woman consented) charge the mother under258.

Art. 257 Unintentional Abortion

Elements:

1. That there is a pregnant woman.2. That violence is used upon such pregnant woman w/out

intending an abortion.

3. That the violence is intentionally exerted.4. That as a result of the violence the fetus dies, either

in the womb or after having been expelled therefrom.

Penalty: PCorreccional Min and Med

Nota Bene;

1. Unintentional abortion is only committed throughviolence.

2. The violence must be intentionally exerted.3. Complex crime of Homicide with Unintentional Abortion

- A mother was killed including the child in herwomb.

4. Complex crime of parricide with abortion-A husband killed his pregnant wife.

Art. 258 Abortion practiced by the WOMAN HERSELF or by her

parents

Elements:

1. That there is a pregnant woman who has suffered anabortion.

2. That the abortion is intended.3. That the abortion is caused by:

-the pregnant woman herself- PCorrecccional Med and Max

-any of her parents with her consent; any of her parents

with her consent for the purpose of concealing her

dishonor- PCorreccional Med and Max

-the woman herself for the purpose of concealing her

dishonor-Pcorreccional Min and MedNota bene:

1. The woman is liable under Art 258 either (1) when sheshall practice an abortion upon herself, or (2) when she

shall consent that any other person shall do so.

Art. 259 Abortion practiced by a PHYSICIAN or MIDWIFE and

dispensing of abortive

Elements:

1. That there is a pregnant woman who ahs suffered anabortion.

2. That the abortion is intended.3. That the offender, who must be a physician or midwife

causes or assists in causing the abortion.

4. That said physician or midwife take advantage of his orher scientific knowledge or skill.

Penalty: Physician or midwife who cause or assist the abortion-Max of intentional abortion penalty

-Pharmacist who dispose abortive w/out prescription- AMayor and a

fine not exceeding 1K

Nota Bene:

1. If a pharmacist kew that the abortive would be used tocause an abortion and abortion resulted, the pharmacist

would be an accomplice in the crime of abortion.

2. It is not necessary that the abortive be actually used.Art. 262 Mutilation

Two Kinds of Mutilation

1. By intentionally mutilating another by depriving him,either totally or partially of some essential organ for

reproduction. Rtemporal to RPerperua

2. By intentionally making other mutilation, that is, bylopping or clipping off any part of the body of theoffended party, other than the essential organ for

reproduction, to deprive him of that part of his body.-

PMayor Med and Max

Elements:

1. That there be a castration that is mutilation of organsnecessary for generation such as the penis or ovarium.

2. That the mutilation is caused purposely anddeliberately, that is, to deprive the offended party of

some essential organ for reproduction.

Art. 263 Serious Physical injuries

How is this crime committed?

-by wounding

-beating

-by assaulting

-by administering injurious substance

What are serious physical injuries?

-if in consequence of the injuries (insane, imbecile, impotent or

blind- -Prision Mayor/ ***RTemporal in its Med & Max-lost the useof speech, power to hear or to smell, shall have lost an eye, a

hand, a foot, a leg, lost use of any member of his/her body and

have become incapacitated for the work the victim is engaged- -PCorreccional in its Medium and Max period/ ***PCorreccional in

its Max to PMayor in its Min

--consequence: deformed, or shall have lost any part ofhis body or shall have lost the use thereof, or shallhave been ill or incapacitated for a period of more than90 days-PCorreccional in its Min and Med/ ***PCorreccional inits Med & Max-more than 30 days-Arresto Mayor in its Max period to

PCorreccional in its Min/ ***PCorreccional in its Min & Med


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-***if the offense shall have been committed against a father,

mother or child, ascendants, or descendants, or his spouse with

attending circumstance of 248 (murder)..

Nota Bene:

1. There must not be intent to kill, if there was, thecrime would be frustrated or attempted murder.. etc

2. The penalty under par 1 is RPerpetua when the victim isless than 12 y/o.

3. All those mentioned in Par 2 are principal members ofthe body

4. 4. Par 3 covers any member w/c is not principal memberof the body.

5. Deformity must be visible.Art. 264. Administering injurious substance or beverages

Elements:

1. That the offender inflicted upon another any seriousphysical injury.

2. That it was done by knowingly administering to him anyinjurious substances or beverages or by taking advantage

of his weakness of mind or credulity.

3. That he had no intent to kill.Penalty: Penalty established in the next preceding article.

Nota Bene;

1. The article does not apply when the physical injuriesthat result are less serious or light.

Art. 265. Less serious Physical Injuries

Matters to be noted in the crime less serious physical injuries

1. That the offended party is incapacitated for labor for10 days or more but not more than 30 days, or needs

medical attendance for the same period of time.

2. That the physical injuries must not be those describedin the next preceding article.

Penalty: Arresto Mayor

QUALIFIED less serious physical Injuries

1. A fine not exceeding P500, in addition to AMayor shallbe imposed for less serious physical injuries when

a. There is manifest intent to insult or offend the

injured person

b. There are circumstances adding ignominy to the

offense.

2. A higher penalty is imposed when the victim is either-a. The offenders parents, ascendants, guardians,

curators, or teachers

b. Persons of rank or person in authority, providedthe crime is not direct assault (for direct assault

PCorreccional Min and Med

Art. 266 Slight Physical Injuries and Maltreatment

Three kinds of Slight Physical Injuries

1. Physical injuries which incapacitated the offended partyfor labor from 1-9 days, or required medical attendance

during the same period Amenor

Physical injuries w/c did not prevent the offended from

engaging in his habitual work or w/c did not require

medical attendance.

-AMenor or a fine not exceeding 200

2. Ill-treatment by another w/out causing injury.-AMenor Min or a fine not exceeding 50.

Nota Bene:1. When there is no evidence of actual injury, it is only

slight physical injuries.

2. Example of slight physical injuries by ill-treatmentsuch as slapping or (black eye)

Art. 266-A Rape

When and How committed?

Elements of Rape under Par 1

1. That the offender is a man.2. That the offender has carnal knowledge of a woman.3. That such act is accomplished under any of the ff

circumstances.

a. By using force and intimidation

b. When the woman is deprived of reason and otherwiseunconscious

c. By means of fraudulent machination/ grave abuse ofauthority

d. When the woman is under 12 years of age ordemented.

Elements of Rape under Par 2

1. That the offender commits the act of sexual assault2. That the act of sexual assault is committed by any of

the ff means.

a. By inserting his penis into anothers person mouthor oral edifice

b. By inserting any instrument or object into thegenital or anal orifice of another person.

3. That the act of sexual assault is accomplished under anyof the circumstances mentioned in par 1.

Art. 266-B. Penalties

Under Par1: Reclusion Perpetua

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Reviewer in Crim Title 8 and 9