You are on page 1of 7

IRENE M.

QUIMSON 3RD YEAR LLB Lyceum-Northwestern UniversityS


Criminal Act Abduction Meaning Taking away a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or corrupt her. An abortion is when the pregnancy is ended so that it does not result in the birth of a child. Sometimes this is called 'termination of pregnancy'. Factum Probandum Elements: 1) The person abducted is any woman, regardless of her age, civil status or reputation; 2) The abduction is against her will; 3) The abduction is with lewd designs. INTENTIONAL ABORTION Elements: 1. There is a pregnant woman; 2. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom 4. The abortion is intended. Elements: 1) The woman is married; 2) She has sexual intercourse with a man not her husband; 3) As regards the man with whom she has sexual intercourse, he must know her to be married.

Abortion

Adultery

Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Arson is defined as the willful and malicious burning or charring of property. There must be a corrupt intent to influence the officer or, in his part, to influenced, in the discharge of his duties.

Arson

Elements: 1) The burning of the house or other thing; 2) The criminal agency which caused it. Elements 1. Offender is a public officer within the scope of Article 203; 2. Offender accepts an offer or a promise or receives a gift or present by himself or through another; 3. Such offer or promise be accepted, or gift or present received by the public officer a. With a view to committing some crime; or b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or

Bribery

Concubinage

This is committed by a husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place.

c. To refrain from doing something which it is his official duty to do. Elements: 1) The man is married; 2) He is either: a. keeping a mistress in the conjugal dwelling; or b. having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or c. cohabiting with a woman who is not his wife in any other place. 3) As regards the woman, she knows that the man is married.

Estafa

Estafa is a criminal offense wherein a person defrauds another by any of the following means: (1) by unfaithfulness or abuse of confidence; (2) by deceit; or (3) fraudulent means.

MISAPPROPRIATION AND CONVERSION (315 PAR.1(B)) Elements: 1. That money, goods, or other personal property be received by the offender in trust, or in commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender ARTICLE 171: FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER Elements 1. Offender is a public officer, employee, or notary public; 2. He takes advantage of his official position; 3. He falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric intent or attempt to imitate is inferred when there is sufficient

Falsification

resemblance or when it is likely to deceive an ordinary person receiving or dealing with the doc. Feigning is covered by this paragraph, which includes the case of forging signatures of people who do not know how to write. b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate as opposed to the former paragraph, imitation of signature is not necessary. c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; d. Making untruthful statements in a narration of facts there should be a legal obligation to disclose the truth. There should also be malice or deliberate intent unless the document falsified is a public one. e. Altering true dates the date must be essential and could change the effects of the document (such as dates of birth, marriage, or death) f. Making any alteration or intercalation in a genuine document which changes its meaning change or insertion must affect the integrity or effects of the document. Furthermore, the alteration should make the document speak something false, otherwise it would merely be a correction. g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement

contrary to, or different from, that of the genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Homicide Unlawful killing any person which is neither parricide, murder nor infanticide. Elements: 1. Person was killed; 2. Offender killed him without any justifying circumstances; 3. Offender had the intention to kill, which is presumed; 4. Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Elements: 1) There must be an imputation of i. a crime, ii. a vice or defect, real or imaginary, OR iii. any act, omission, condition, status, or circumstance; 2) The imputation must be made publicly; 3) It must be malicious; 4) The imputation must be directed at a natural or juridical person, or one who is dead; 5) The imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Elements: 1. Person was killed; 2. Accused killed him; 3. Killing attended by any of the following qualifying circumstances a. With treachery, taking advantage of superior strength, with the aid or armed men, or employing means to waken the defense, or of means or persons to insure or afford impunity; b. In consideration of a price, reward or promise; c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment

Libel

A published false statement that is damaging to a person's reputation; a written defamation.

Murder

Unlawful killing of any person which is neither parricide nor infanticide.

or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; d. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; e. With evident premeditation; f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. Slander The action or crime of making a false spoken statement damaging to a person's reputation. ELEMENTS (358) 1. action of a serious and insulting nature (Grave slander) 2. light insult or defamation not serious in nature (simple slander) 3. Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case ARTICLE 264 Elements: 1. Offender inflicted upon another any serious physical injury; 2. It was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity; 3. He had no intent to kill. 1) Offender is a man; 2) Offender had carnal knowledge of a woman; 3) Such act is accomplished under any of the following circumstances: i. By using force, threat or intimidation; ii. When the woman is deprived of

Physical Injury

The offender inflicts physical injuries. How committed: 1. By wounding; 2. By beating; 3. By assaulting; or 4. By administering injurious substance. ( Art. 264 )
Rape is the unlawful sexual intercourse with a woman against her will.

Rape

reason or is otherwise unconscious; iii. By means of fraudulent machination or grave abuse of authority; iv. When the woman is under 12 years of age (Statutory Rape) or is demented. Robbery The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. Elements: a. That there be personal property; belonging to another; b. That there is unlawful taking of that property; c. That the taking must be with intent to gain; and d. That there is violence against or intimidation of any person, or force upon anything.

Seduction

The act by which a man entices a woman to have unlawful sexual relations with him by means of persuasions, solicitations, promises, or bribes without the use of physical force or violence.

SIMPLE SEDUCTION
Elements: 1) That the offended woman must be single, or a widow; 2) Offended party is over 12 and under 18 yrs. of age; 3) She is of good reputation, single or widow; 4) Offender has sexual intercourse with her; 5) It is committed by means of deceit.

QUALIFIED SEDUCTION
Elements: 1) Offended party is a virgin, which is presumed if she is unmarried and of good reputation; 2) She must be over 12 and under 18 yrs. of age; 3) Offender has sexual intercourse with her; 4) There is abuse of authority, confidence, or relationship on the part of the offender. Theft A criminal act in which property belonging to another is taken without that person's consent. Elements of Theft: 1) That the there be taking of personal property 2) That said property belongs to another 3) That the taking be done with intent to gain. 4) That the taking be done without the consent of the owner. 5) That the taking be accomplished without the use of violence against or

intimidation of persons or force upon things. Unjust Vexation An offense of the same class and nature as coercion. Elements 1. Offender must be a creditor; 2. He seizes anything belonging to his debtor: 3. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; 4. The purpose of the offender is to apply the same to the payment of the debt.