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 or illegitimate. An adoptive parents and a adopted son is not included in 246. 2. Relationship must be alleged. If not it can be considered as aggravating. 3. Parricide through reckless imprudence is punished by AMayor to PCorreccional Medium. Art. 247 Death or Physical Injuries inflicted under exceptional circumstance Elements: 1. That a legally married person or a parent surprises his spouse 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 upon any or both of them any serious physical injuries in the act or immediately thereafter. 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he/she has not consented to the infidelity. Penalty: Destierro Nota Bene: 1. Surprising-during 2. Killing- immediately thereafter 3. 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 killing must all form part of 1 continuous act. 5. No criminal liability when less serious or slight physical 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 is presumed. 4. That the killing was not attended by any of the qualifying circumstance of murder, or that of parricide or infanticide. Penalty: RTemporal Nota Bene: 1. The penalty of homicide shall be RPerpetua when the victim is under 12 y/o. 2. The use of unlicensed firearm is not considered as a separate crime but shall be appreciated as an aggravating circumstance. 3. Accidental homicide is the death of a person brought about 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 persons 2. That they did not compose groups organized for the 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. 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. 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 took part. 2. The person killed need not be a participant in the affray. 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 the preceding article. 2. That a participant or some participants thereof suffer physical injuries or less serious physical injuries. 3. That the person responsible therefor cannot be identified. 4. That all those who appear to have used violence upon the person 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 some of 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 the suicide is consummated or not- PMayor 2. By lending his assistance to another to commit suicide to the extent of doing the killing himself- RTemporal 3. If suicide is not consummated- AMayor Med and Max

Nota Bene: 1. A person who attempts criminally liable.

to

commit

suicide

is

not

Art 254: Discharge of firearms Elements: 1. That the offender discharges a firearm against or at another 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 at random, 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 the offender is only to intimidate or to frighten the offended party. 3. If in the illegal discharge of firearm the offended party 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 motherPMayor Med and Max =maternal grandparents or either of them- RTemporal Nota Bene: 1. If the father or mother or legitimate grandparent kills the child, the penalty is that of corresponding to parricide. 2. If the offender is not related to the child, the penalty corresponding to murder shall be imposed. 3. Stranger cooperating with the mother in killing a child less 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 pregnant woman- RTemporal 2. By acting but w/out using violence, w/out the consent of the woman-PMayor 3. By acting (administering drugs or beverages) with the consent 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 or beverages 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 six months old. 2. In par 3 (the woman consented) charge the mother under 258. 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 through violence. 2. The violence must be intentionally exerted. 3. Complex crime of Homicide with Unintentional Abortion A mother was killed including the child in her womb. 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 an abortion. 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 Med Nota bene: 1. The woman is liable under Art 258 either (1) when she shall 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 an abortion. 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 or her scientific knowledge or skill. Penalty: Physician or midwife who cause or assist the abortionMax 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 to cause 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, by lopping or 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 his body.PMayor Med and Max Elements: 1. That there be a castration that is mutilation of organs necessary for generation such as the penis or ovarium. 2. That the mutilation is caused purposely and deliberately, 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 use of 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 of

his body or shall have lost the use thereof, or shall have been ill or incapacitated for a period of more than 90 days-PCorreccional in its Min and Med/ ***PCorreccional in
its Med & Max

-more

than 30 days-Arresto Mayor in its Max period PCorreccional in its Min/ ***PCorreccional in its Min & Med

to

-***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, the crime would be frustrated or attempted murder.. etc 2. The penalty under par 1 is RPerpetua when the victim is less than 12 y/o. 3. All those mentioned in Par 2 are principal members of the body 4. 4. Par 3 covers any member w/c is not principal member of the body. 5. Deformity must be visible. Art. 264. Administering injurious substance or beverages Elements: 1. That the offender inflicted upon another any serious physical injury. 2. That 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. 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 injuries that 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 for 10 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 described in the next preceding article. Penalty: Arresto Mayor QUALIFIED less serious physical Injuries 1. A fine not exceeding P500, in addition to AMayor shall be 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 eithera. The offenders parents, ascendants, guardians, curators, or teachers b. Persons of rank or person in authority, provided the 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 party for 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-treatment such 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

When the woman is deprived of reason and otherwise unconscious c. By means of fraudulent machination/ grave abuse of authority d. When the woman is under 12 years of age or demented. Elements of Rape under Par 2 1. That the offender commits the act of sexual assault 2. That the act of sexual assault is committed by any of the ff means. a. By inserting his penis into anothers person mouth or oral edifice b. By inserting any instrument or object into the genital or anal orifice of another person. 3. That the act of sexual assault is accomplished under any of the circumstances mentioned in par 1. Art. 266-B. Penalties Under Par1: Reclusion Perpetua

b.