So what is a Statutory Rape?

A statutory rape is committed by a man who shall have carnal knowledge (sexual intercourse) with a woman who is younger than that statutory age of consent. In the Philippines, UNDER twelve (12) years old is considered to be below the age required to legally consent to the behavior as provided for by Article 266-A of the Revised Penal Code (as amended by R.A. No. 8353) (so now you understand me as to whether it is a compliment or a sarcasm ^_^) When the offended party is UNDER twelve (12) years of age or demented, Rape is committed even though NONE of the following circumstances are present: 1. through force, threat or intimidation; 2. when the offended party is deprived of reason or is otherwise unconscious; 3. by means of fraudulent machination or grave abuse of authority. Accordingly, Rape is committed even if the girl UNDER twelve (12) years old is a prostitute. Further, it is committed although she consented to the sexual act. The law does not consider that kind of consent voluntary, as the offended party under 12 years old cannot have a will of her own.

Rape sc.judiciary.gov.ph/jurisprudence/2013/janua ry2013/201447.pdf

Reproduced hereunder are the pertinent provisions of the Revised Penal Code, as amended: ART. 266-A. Rape; when and how committed. Rape is committed 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat or intimidation; b) When the offended party is deprived of reason or is otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. xxxx ART. 266-B. Penalties. Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. xxxx

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. (Emphases supplied.) x x x.

The elements of rape under Article 266-A, paragraph (1)(a) of the Revised Penal Code, as amended, are: (1) that the offender had carnal knowledge of a woman; and (2) that such act was accomplished through force, threat, or intimidation.26 But when the offender is the victims father, there need not be actual force, threat, or intimidation, as the Court expounded in People v. Fragante27 : It must be stressed that the gravamen of rape is sexual congress with a woman by force and without consent. In People v. Orillosa, we held that actual force or intimidation need not be employed in incestuous rape of a minor because the moral and physical dominion of the father is sufficient to cow the victim into submission to his beastly desires. When a father commits the odious crime of rape against his own daughter, his moral ascendancy or influence over the latter substitutes for violence and intimidation. The absence of violence or offer of resistance would not affect the outcome of the case because the overpowering and overbearing moral influence of the father over his daughter takes the place of violence and offer of resistance required in rape cases committed by an accused who did not have blood relationship with the victim. (Citations omitted.)

Then to raise the crime of simple rape to qualified rape under Article 266-B, paragraph (1) of the Revised Penal Code, as amended, the twin circumstances of minority of the victim and her relationship to the offender must concur.28 The foregoing elements of qualified rape under Article 266-A, paragraph (1)(a), in relation to Article 266-B , paragraph (1), of the Revised Penal Code, as amended, are sufficiently alleged in the Information against Amistoso, viz: (1) Amistoso succeeded in having carnal knowledge of AAA against her will and without her consent; (2) AAA was 12 years old on the day of the alleged rape; and (3) Amistoso is AAAs father. x x x."

Art. 248. Murder. Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. 2. In consideration of a price, reward, or promise. 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin. 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. 5. With evident premeditation. 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

1. 2. 3. 4.

Elements of murder That a person was killed That the accused killed him That the killing was attented by any of the qualifying circumstances mentioned in art 248 The killing is not parricide or infanticide

Rule to qualify the killing to murder 1. When one circumstances is present 2. Circumstances was absorbed or included in one qualifying circumstances they cannot be considered as generic aggravating 3. Art 248 information should be alleged in the information Except of outraging or scoffing at his person or corpse. Us vs. Abaigar spoke and hack was only homicide. Even with armed but did not help. PP vs Vicente Mendoza- Singing contest abuse of superior strength US Vs Burn there was an arson which resulted to killing and the rule was only arson w/ homicide. People Vs Cagoco - Killed a person without any intent

Us vs Candelaria- when the armed men killed a person lashes with gumamela Killing a child is considered as murder Prove 1. The time 2. Act of the offender manifestly sufficient lapse of time Cruelty is not appreciated
Art. 252. Physical injuries inflicted in a tumultuous affray. When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted. When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.
1. 2. 3. 4. Elements That there is a tumultuous affray as referred to in the preceding article. That a participant or some participants thereof suffer physical injuries or physical injuries of a less serious nature only. That the person responsible therefor cannot be identified That all those who appear to have used violence upon the person of the offended party are known. Note That only those who used violence are punishable and not known.

Art. 253. Giving assistance to suicide. Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.
Element 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extent of doing the killing himself. Mercy killing is different to Suicide Euthanasia Mercy Killing

Art. 254. Discharge of firearms. Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.
Element 1. That the offender discharge a firearms against or at another person 2. That the offender has no intention to kill that person.

Note If it is not discharge at a person, there is no crime of discharge of firearms It shall be alarm and scandal or grave treat or light treat There must be no intent to kill. The purpose of the offender is only to intimidate or to frighten the offended party. Complex crime of discharge of firearms with physical injuries when the physical injuries are serious or less serious.

Thursday, December 6, 2012

Crimes Against Person

CRIMES AGAINST PERSONS

Chapter One DESTRUCTION OF LIFE

Section One. Parricide, murder, homicide

Art. 246 Parricide Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. 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 a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

Relationship of the offender with the victim is the essential element of this crime.

Note: An illegitimate grandfather, grandson, is not guilty of parricide.

The child should not be less than 3 years of age called infanticide (art 255) Spouse must be legitimate (People Vs Subano)A case that the husband has three wife and killed the third wife. The best proof of spouses is a marriage certificate. The Killing was filed on murder but relation shall be considered an aggravating circumstances even the information was not allege in the information (People vs. Jumawin)

Illegitimate embraces all children born out of wedlock Adulterine Incestuous Sacrilegious children People vs Recote Parricide through reckless imprudence even without the intent to kill.

Note: Parricide through reckless imprudence is punished by arresto mayor in its maximum period to prison correctional in its medium period.

If committed through simple imprudence or negligence, the penalty is arresto mayor in its medium and maximum period.

If it was committed wrongly it shall be parricide but art 49 shall be regard as a proper penalty to be imposed not knowing it is his father.

The indemnity to the wifes heir is 50,000 (People vs Cruz) when a husband killed his wife.

If a father to a son no indemnity shall be imposed because the father is the presumptive heir of the deceased.

People Vs Embalido- Proof of legitimacy is not required. People vs Patricio- a stranger who killed the wife or husband shall not be guilty of parricide but only murder ot homicide as case maybe.

Art. 247. Death or physical injuries inflicted under exceptional circumstances. Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment. These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents. Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article. Requisite 1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act committing sexual intercourse with another person 2. That he or 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. That he has not promoted or facilitated the presumption of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse.
Note The Common Law wife Art 247 shall not be applicable because there is no legal marriage. A wife who killed or inflicts serious physical injury to her husband or concubine, art 247 is applicable. A daughter under 18 years of age and single the parent has the authority but if married the husband only has the right in Art 247. Surprise-means to come upon suddenly and unexpectedly People vs Gabriel- that he waited until sexual intercourse occur the accused was not held liable for the injuries suffered by the paramour.

If it doesnt surprise the person Art 247 shall not apply.

People vs Marquez.- when a man jump to the window and the wife ask forgiveness and killed the wife art 247 shall not apply it will be parricide. People Vs Bituanan- Sleeping together is not appreciated People vs Gonzales- done and fixing is not appreciated

According to Moran in Pp vs Gonzales, citing US vs Alano and Us vs Feliciano it is already enough that carnal knowledge has being commited or just been committed. Either 1. While they were in the act sexual intercourse 2. Immediately after surprising them in the act of sexual intercourse

Cases that penalty will not be reclusion perpetua 1. When the parricide is committed through negligence 2. When it is committed by mistake. 3. When it is committed under exceptional circumstances

Art. 248. Murder. Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. 2. In consideration of a price, reward, or promise. 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin. 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. 5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
Elements of murder 1. That a person was killed 2. That the accused killed him 3. That the killing was attented by any of the qualifying circumstances mentioned in art 248 4. The killing is not parricide or infanticide

Rule to qualify the killing to murder 1. When one circumstances is present 2. Circumstances was absorbed or included in one qualifying circumstances they cannot be considered as generic aggravating

3. Art 248 information should be alleged in the information Except of outraging or scoffing at his person or corpse. Us vs. Abaigar spoke and hack was only homicide. Even with armed but did not help. PP vs Vicente Mendoza- Singing contest abuse of superior strength US Vs Burn there was an arson which resulted to killing and the rule was only arson w/ homicide.

People Vs Cagoco - Killed a person without any intent

Us vs Candelaria- when the armed men killed a person lashes with gumamela Killing a child is considered as murder Prove 1. The time 2. Act of the offender manifestly sufficient lapse of time Cruelty is not appreciated

Art. 249. Homicide. Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
Element 1. That a person was killed 2. That the accused killed him without any justifying circumstance; 3. That the accused had the intention to kill, which is presumed. 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. If not killed it shall be attempted or frustrated homicide. When victim is below 12 year old it shall be reclusion perpetua. There should be intent to kill if not it will only result to physical injuries. The victim should not be less than 3 years old RA 8294 illegal possession of fire arms Ra 9346- No Death Penalty Corpus Delicti 1. The fact of death 2. The identity of the victim

Art. 250. Penalty for frustrated parricide, murder or homicide. The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50. The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes. But if taking the life of the president or his family or cabinet or their family death is the penalty Accordinf to PD 1110-A Art. 251. Death caused in a tumultuous affray. When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who

inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor. If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim. Element
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 physical injuries or who used violence can be identified

The person killed in the course of the affray need not be one of the participants in the affray. If the person who inflicted the fatal wound is known, the crime is not homicide in tumultuous affray

Who are liable for death in a tumultuous affray

1. The person who inflicted the serious physical injuries are liable (Art 251, par1) 2. It is not known who inflicted the serious physical injury on the deceased, all the person who used violence upon the person of the victim are liable, but with lesser liability (Art 251 par.2)

Art. 252. Physical injuries inflicted in a tumultuous affray. When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted. When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.

Elements 1. That there is a tumultuous affray as referred to in the preceding article. 2. That a participant or some participants thereof suffer physical injuries or physical injuries of a less serious nature only. 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. Note That only those who used violence are punishable and not known.

Art. 253. Giving assistance to suicide. Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.
Element 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extent of doing the killing himself. Mercy killing is different to Suicide Euthanasia Mercy Killing

Art. 254. Discharge of firearms. Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.
Element 1. That the offender discharge a firearms against or at another person 2. That the offender has no intention to kill that person. Note

If it is not discharge at a person, there is no crime of discharge of firearms

It shall be alarm and scandal or grave treat or light treat There must be no intent to kill.

The purpose of the offender is only to intimidate or to frighten the offended party. Complex crime of discharge of firearms with physical injuries when the physical injuries are serious or less serious.

Art 255

Infanticide the penalty provided for parricide in art 246 and for murder in art 248 shall be imposed Upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prison mayor in its medium and maximum period, and if said crime be committed for the same purpose by the maternal grandparents either of them, the penalty shall be reclusion temporal(RA 7659)

Infanticide - may be defined as the killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger.

Element 1. That a child was killed 2. That the deceased child was less than three days(72 hrs) of age. 3. That the accused killed the said child.

Note The concealing the dishonor is not an element of infanticide it is merely mitigates the liability of the mother or maternal grandparents who committed the crime.

Only the mother and the grandparents of the child are entitled to the mitigating circumstances of concealing the dishonor.

If the woman is a prostitute she is not entitle to lesser penalty because she has no honor to conceal.

Article 256 Intentional abortion any person who shall intentionally cause an abortion shall suffer: 1. The penalty of reclusion Temporal, if he shall use any violence upon the person of the pregnant woman. 2. The penalty of prison mayor, if, without using violence, he shall act without the consent of the woman. 3. The penalty of prison correctional in its medium and maximum periods, if the women shall have consented Abortion the willfull killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb which results in the death of the foetus Ways of committing intentional abortion 1. By using any violence upon the person of the pregnant woman. 2. By acting, but without using violence, without the consent of the woman (by administering drug or beverage upon such pregnant woman without her consent) 3. By acting (by administering drugs or beverages), with the consent of the pregnant woman.

Elements (a) That there is a pregnant woman (b) That the violence is exerted, or drugs or beverage administered, or that the accused otherwise acts upon such pregnant woman; (c) That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the foetus dies, either in the womb or after having been expelled therefrom; (d) That the abortion is intended. Art 257 Unintentional abortion the penalty of prison correctional in its minimum and medium periods shall be imposed upon any person who shall cause an abortion by violence, but unintentional Elements 1. That there is a pregnant woman. 2. That violence is used upon such pregnant woman without intending an abortion

3. That the violence is intentionally exerted 4. That as a result of the violence the foetus dies, either in the womb or after having been expelled therefrom. Note Unintentional abortion is only committed thru violence People vs Jose Romeo Unintentional abortion through reckless imprudence. There is a complex crime of homicide with unintentional abortion.

Art 258 Abortion practiced by the woman herself or by her parents the penalty of prison correctional in its medium and maximum periods shall be imposed upon a woman who shall practice an abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor shall suffer the penalty of prison correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offender shall suffer the penalty of prison correccional in its medium and maximum periods.

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 a. The pregnant woman herself

b. Any other person, with her consent; or c. Any of her parents, with her consent for the purpose of concealing her dishonor

REQ 1. When she shall practice an abortion upon herself

2. When she shall consent that any other person should do so. 3. That the offender dispenses any abortive.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Note Pharmacist should know that the drug or equipment will be use for abortion he/she be liable for accomplice RA 4729 Regulates sale, dispensation, and/or distribution of contraceptive drugs and devices. Not allowed to sell if it is not authorized by drug store or pharmaceutical company. Penalty of imprisonment not less than six months or more than one year or both in the discretion of the court.

Art 260 Responsibility of participant in a duel - the penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature. In any other case the combantants shall suffer penalty of arresto mayor, although no physical injuries have been inflicted. The second shall in all evnt be punished as accomplices.

Duel it is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other condition of the fight.

Act

1. By killing ones adversary in a duel 2. By inflicting upon such adversary physical injuries 3. By making a combat although no physical injuries have been inflicted. Who are liable 1. The person who killed or inflicted the physical injuries upon his adversary 2. The seconds, as accomplices.

If death result penalty is the same as that for homicide No physical injuries penalty shall be arresto mayor

Art 261. Challenging to a duel the penalty of prison correctional in its minimum period shall be imposed upon person who shall challenge another, or incite another to give or accept a challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or descry another publicly for having refused to accept a challenge to fight a duel.

Acts 1. By challenging another to a duel 2. By inciting another to give or accept a challenge to a duel 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

Person responsible 1. Challenger 2. Instigator

Chapter Two PHYSICAL INJURIES

Art. 262. Mutilation. The penalty of reclusion temporal to reclusion perpetua shall be imposed upon

any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.
Mutilation means the lopping or clipping off of some part of the body.

Note The putting out of an eye does not fall under this definition.

The mutilation should be purposely and deliberately so as to deprive the offended party of a particular part of his body.

Thus when a robber stabbed a woman in one eye, and as a result of the wound thus inflicted she lost the use of the eye, there is no mutilation. (US. Vs Bogel 7 Phil. 285)

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

Elements of mutilation of first kind 1. That there be a castration, that is, mutilation of organ 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 Castration - Amputation of whatever organ is necessary and is made purposely. Mayhem is other intentional mutilation If the victim under 12 year of ages the penalty shall be reclusion perpetua (SEC 10 RA 7610)

Art. 263. Serious physical injuries. Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; 2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; 3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days; 4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods. The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.
How is the crime of serious physical injury committed? It is committed 1. By wounding 2. By beating 3. By assaulting (Art 263); or 4. By administering injurious substance(art 254)

US vs Villanueva 31 Phil. 412

When the offended party have straggled to the bolo he accidentally wounded the accused shall not be charge of serious physical injuries. Note A person may be guilty of Lesiones by reckless imprudence, or simple imprudence under art 365 in relation to art 263, when to lack of precaution he wounded another.

What are serious physical injuries? They are 1. When they injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses use of any such member, or (c) becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of the work in he was habitually engaged in consequence of the physical injuries inflicted. 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted.

Classes of serious Physical Injuries 1. The consequences of the injuries inflicted 2. The nature and character of the wound inflicted 3. The proper penalty. Note There must be no intent to kill because it would be frustrated or attempted murder, parricide, homicide as case may be. Summary proceeding Sec 18 it says that any Physical injury complainant should gone through the Barangay to settlement afterward they shall be gone through the Lupon ng branagay. Distinguished of attempted or frustrated homicide to Physical injuries 1. In both crimes, the offender inflicts physical injuries. Attempted homicide may be committed, even if no physical injuries are inflicted

2. While in the crime of physical injuries, the offender has no intent to kill the offended party, in attempted or frustrated homicide, the offender has an intent to kill the offended party. Par 1 injured person becomes insane, imbecile, impotent or blind

Impotence means inability to copulate (for male) synonymously with sterility. the effect is the same loss of power to procreate, the term impotent should include inability to copulate and sterility. Blindness and loss of an eye Par 1, the blindness must be of two eyes Par 2, note the loss of an eye only

According to Cuello Calon the blindness must be complete. Mere weakness of vision is not contemplated.

Par 2 INJURED PERSON LOSES USE OF SPEECH OR POWER TO HEAR OR SMELL OR LOSES AN EYE, HAND, FOOT, ARM, OR LEG, OR LOSES USE OF ANY SUCH MEMBER OR BECOMES INCAPACITATED FOR WORK IN WHICH IN WHICH HE WAS HABITUALLY ENGAGED. Loss to hear It must be loss of power to hear of both ears. If there is loss of power to hear of one ear only, it serious physical injuries under par 3 of Art 263.

Loss of use Hand or incapacity for usual work must be permanent.

People vs Reli - the hand that will not be able to be used because it was paralyzed. Par 3 INJURED PERSON BECOME DEFORMED, OR SHALL HAVE LOSES HIS BODY, OR USE THEREOF, OR SHALL HAVE BEEN ILL OR INCAPACITATED FOR THE PERFORMANCE OF THE WORK IN WHICH HE AS HABITUALLY ENGAGED FOR A PERIOD OF MORE THAN NINETY DAYS

Par 3 cover any member which is not principal member of the body phrase Any other part of his body any other member, meaning any member other than an eye, a hand , a foot, an arm, or a leg which is mentioned in par 2.(Pp Vs Balubar 60 Phil. 699)

Us vs Punsalan when his three finger was not enable to be use. Deformity it is meant physical injuries, permanent or definite abnormality. It must be conspicuous and visible. Requires 1. Physical ugliness 2. Permanent and definite abnormality, and 3. Conspicuous and visible Note Scar produced by an injury on the upper part of the neck, near the jaw constitute deformity according to the Supreme Court. Loss of teeth Three incisors is a visible deformity, while the loss of one incisors does not constitute deformity according to the Supreme Court of Spain

Deformity of teeth refers to injury which cannot be repaired by the action of nature An artificial teeth, is he has the necessary means and so desires, does not repair the injury, although it may lessen the disfigurement. The case of a child or an old man is an exception to the Rule (PP. vs Balubar)

If ear was lost it shall be in par 3 but together with loss of hearing it shall be constitute

Loss of lobule of the ear is deformity. Loss of power to hear because one ear was lost it is still punishable art 263 par3

Illness or ill when the wound inflicted did not heal within that period.

If the illness is more than 30 days it shall constitute serious physical injury if fall under par 4.

Medical attendance is not important in serious physical injuries.

Par 4 PHYSICAL INJURIES INFLICTED SHALL HAVE CAUSED THE ILLNESS OR INCAPACITY FOR LABOR OF THE INJURED PERSON FOR MORE THAN THIRTY DAYS.
The incapacity is for any kind of labor. In absence of evidence the appellant should be found guilty physical injuries. As when, as in the case at bar, proof of said period is absent, the crime committed should be deemed only as slight physical injury. There is incapacity if the injured party could still engage in his work although less effectively than before.

QUALIFIED PHYSICAL INJURIES If the offense is against any of the person enumerated in the art defining the crime of parricide, murder (the law provides higher penalties) Note Serious physical injuries by excessive chastisement by parent are not qualified

Art. 264. Administering injurious substances or beverages. The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.
Element 1. That the offender inflicted upon another any serious physical injury 2. That it was done knowingly administering to him any injurious substances or beverage or by taking advantage of his weakness of mind or credulity 3. That he had no intent to kill.

This article is for serious physical injury The victim should not know. This may take place in the case of witchcraft, philters, magnetism, etc.

Art. 265. Less serious physical injuries. Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days

or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed. Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person. Matters noted in the crime of less serious Physical injuries 1. That the offended party is incapacitated for labor for ten 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 preceding articles. Thus, if the incapacity is more than 30 days or the illness lasts for more than 30 dayss, it is a serious physical injury under par 4 of art 263 Qualified less physical injuries 1. A fine not exceeding P500.00, in addition to arresto mayor, shall be imposed for less physical injuries when a. There is a manifest intent to insult or offend the injured person, or b. There are circumstances adding ignominy to the offence. 2. A higher penalty is imposed when the victim is either a. The offenders parents, ascendants, guardians, curators or teachers; or b. Person of rank or person in authority, provided the crime is not direct assault
Medical attendance or incapacity is required in less serious physical injuries.

The law includes two subdivisions dealing with 1. The inability for work 2. The necessity for medical attendance Note

The crime is less physical injuries even if there was no incapacity, but medical treatment was for 13 days

It is only slight physical injury when there is no medical attendance or incapacity for labor There should be medical attendance in less serious physical injury cited in the case (People Vs Penesa 81 phil. 398)

Art. 266. Slight physical injuries and maltreatment. The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall illtreat another by deed without causing any injury. Three kinds of slight physical injuries: 1. Physical injuries which incapacitated the offended party for labor from (1) to nine (9) days, or required medical attendance the same period 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance 3. Ill-treatment of another by deed without causing any injury. Ex
Contusion on the face or black eye produced by fistic blow

When there was no evidence of actual injury, it is only physical injury No double jeopardy when the prosecution lifted the injury to serious physical injury

Do not know what will file Slight or less serious physical injuries medical treatment

Less serious or Serious Physical injuries incapacitated w/ labor or capability for work

RA 9262 Anti-Violence act against women and their children act of 2004 Art 265 Less Serious Physical Injury Prison Correctional

Art 266 Slight Physical Injury Arresto Mayor

Con Art 262 Art 263 par1 Art 263 par2 Art 263 par3 Art 263 par4 RT-RP PMa PC-med-max PC med-min PC min-max AM Art 265 par2 Art 266par1 Arresto Mayor Arresto menor

Qualified RP

RA 8049

RT Max RT Med RTmin PMa med

PM min PC max

RA 8049 Anti Hazing Law Hazing as used in this act is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury Sec 2 7 days before initiation a letter from the school (3) days shall not exceed the initiation activity

Sec 3 2 Representative of the organization Sec 4 Physical injuries or death initiation right

RP result in death, Rape, Sodomy (Anal sex) mutilation If they knew about an initiation and failure to act they are consider as Accomplice the school authority or faculty adviser officer Alumni of organization planned the initiation even they were not present they are considered as Principal, likewise if they were present Prima facie evidence if they were Present they are part and they are responsible for hazing except unless he prevented the commission of the act. No mitigating that there was no intention to commit so grave a wrong. RA 7160 Child Abuse

Art 6 sec 10 victim under 12 years penalty Homicide, murder. Art 263 Par 2, art 263 Par1 Reclusion Perpetua

Art 266-A. Rape, when and how Committed rape is committed 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances a. Through force, treat or intimidation

b. When the offended party is deprived of reason or is otherwise unconscious c. By means of fraudulent machination or grave abuse of authority

d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present; 2. By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (RA 8353 Oct. 22, 1997) Art 266-B Penalties. Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. When the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to death. When the rape is attempted and ah homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/ qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparents, guardian, relative by consanguinity or affinity within third civil degree, or the common law spouse of the parent of the victim. 2) When the victim is under the custody of the police or military authorities or any enforcement or penal institution. 3) When the rape is committed in full view of the spouse, parent, any of the children or other relative within the third civil degree of consanguinity 4) When the 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. 5) When the victim is a child below (7) seven years old. 6) When the offender knows that he is afflicted with Human Immuno- Deficiencey Virus(HIV)/ acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim. 7) When committed by any member of the Armed Force of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime. 8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability. 9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime. 10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

Rape under par 2 of the next preceding article shall be punished by prison mayor. Whenever the rape is committed with the use of deadly weapon or by two or more person, the penalty shall be prision mayor to reclusion temporal. When by the occasion of the rape, the victim has become insane, the penalty shall be reclusion tempora. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua

When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua. Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in the articles (RA No 8353).

Element of rape under par 1 1) That the offender is a man 2) That the offender had carnal knowledge of a woman 3) That such act is accomplished under any of the following circumstances: a. By using force or intimidation; or

b. When the woman is deprived of reason or otherwise unconscious; or c. By means of fraudulent machination or grave abuse of authority; or

d. When the woman is under 12 years of age or demented. Element of rape under par2 1) That the offender commits an act of sexual assault; 2) That the act of sexual assault is committed by any of the following means a. By inserting his penis into another persons mouth or anal orifice; or

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 following circumstances: a. By using force or intimidation

b. When the woman is deprived of reason or otherwise unconscious; or c. By means of fraudulent machination or grave abuse of authority; or

d. When the woman is under 12 years of age or demented. Note WHO CAN BE RAPE RA 8353 any either a men or a woman Rape with sexual intercourse- an insertion of penis to the vagina Par 1 penetration even partial is necessary.

Proof of emission is not enough The absence of spermatozoa in the vagina does not negative rape Consummated rape when the labia of the woman is touch it is already enough to prove rape. Mon pubis it is the outer part of the vagina

Rape through sexual assault -sexual abuse When Finger is use it is already considered (PP Vs Soriano) Rape is committed by: 1) father against their daughter 2) stepfather against her stepdaughter 3) a godfather against his goddaughter 4) uncles against their niece 5) the first cousin of the victims mother Principles should guide an appellant court, 1) that an accusation for rape can be made with facility, is difficult to prove, but more difficult for the person accused, though innocent, to disprove; 2) that in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution 3) That the evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weaknesses of the evidence for the defense. When the victims shirt was strip, torn or ripped. But not when he able to shout he did not shout. When the woman is unconscious it is considered as rape.

Sexual intercourse with an insane woman is considered as rape.

Intercourse with a deaf-mute proven that she was imbecile is not rape. In cases, there is rape because woman is unconscious 1. carnal act while the offended part was asleep, or before a young wife awoke 2. when the woman is in a lethargy produced by sickness 3. After the woman was knocked unconscious. On seeing the ravishing figure of a woman taking a bath, the accused hot her and, after she become unconscious, had intercourse with her. 4. When narcotic was administered to the woman When she consented it is not rape 5. When a potion is given to the woman Frustrated rape when is committed upon a girl 3 years and 11 months old There is no frustrated rape (PP vs Orita ) Attempted rape was committed by the accused after raising the dress of the woman then asleep and placing himself on top of her, and when the woman was awakened the accused threatened her with a knife, but because of her continued shouting and offering resistance, a neighbor came to her rescue (a child seen naked a defense that they were horseback riding PP VS Capunan)

STATUTORY RAPE (a) Where the offended party is less than twelve (12) years of age, rape is committed although she consented to the sexual act (b) Sexual intercourse with a nine years old is rape When the girl is 12 years of age (a) Where the offended party is less than twelve years of age, rape is committed although she consented to the sexual act (b) Sexual intercourse with a nine years old is rape (c) Rape is committed even if the girl under 12 years is a prostitute. Note Character of the offended woman is immaterial in rape Multiple rape by two or more offender When rape is punished by death

1. When by reason or an occasion of the rape, a homicide is committed 2. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree or the common law spouse of the parent of the victim 3. When the victim is committed is under the custody of the police or military authorities or any law enforcement or penal institution 4. When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third civil degree of consanguinity 5. When the 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. When the victim is a child below seven (7) years old 7. When the offender knows that he is afflicted with human Immuno-Deficiency Virus(HIV) acquired Immuno deficiency syndrome(AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim. 8. When committed by any member of the armed force of the Philippine or parliamentary units thereof or the Philippine national police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime. 9. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability. 10. When the offender knew of pregnancy of the offended party at the time of the commission of the crime 11. When the offender knew of the mental disability , emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. RA 9346 No death penalty Rape with homicide is a complex crime.

Special complex crime of rape with homicide 1. Penalties committed user any of four (4) circumstances a. Par1 RECLUSION PERPETUA

b. Par2 PRISION MAYOR 2. Rape committed with use of a deadly weapon or by two or more person a. Par1 RECLUSION PERPETUA TO DEATH

b. Par2 RECLUSION TEMPORAL 3. Rape where victim becomes insane a. Par1 RECLUSION PERPETUA TO DEATH

b. Par2 RECLUSION TEMPORAL 4. Attempted rape and homicide is committed a. Par1 RECLUSION PERPETUA TO DEATH

b. Par2 RECLUSION TEMPORAL to RECLUSION PERPETUA

5. Rape with homicide a. Par1 DEATH

b. Par2 RECLUSION PERPETUA

6. Rape with aggravating/qualifying circumstances a. Par1 DEATH

b. Par2 RECLUSION TEMPORAL Indemnity in rape P 50,000 as indemnity ex delicto is amndatory upon the finding of the fact of rape With aggravating P 75,000 Rape with Homicide P 100,000

Prevailing judicial policy has authorized the mandatory award of P50,000 in case of death and P 50,000 upon finding the fact of rape.

Moral damages P 50,000 without the need of proof Exemplary damages may be awarded when one or more aggravating circumstances is proven

EQUITABLE MORTGAGE

WHAT IS AN EQUITABLE MORTGAGE?

One which lacks the proper formalities, form or words or other requisites prescribed by law for a mortgage, but shows the intention of the parties to make the property subject of the contract as security for a debt and contains nothing impossible or contrary to law

WHAT ARE THE ESSENTIAL REQUISITES OF EQUITABLE MORTGAGE?

1. Parties entered into a contract of sale 2. Their intention was to secure an existing debt by way of a mortgage.

What is the rule on the presumption of an equitable mortgage? A sale with conventional redemption is deemed to be an equitable mortgage in any of the following cases: (Art. 1602) 1. Price of the sale with right to repurchase is unusually Inadequate 2. Seller Remains in possession as lessee or otherwise 3. Upon or after the expiration of the right to repurchase Another instrument extending the period of redemption or granting a new period is executed 4. Purchaser Retains for himself a part of the purchase price 5. Seller binds himself to pay the Taxes on the thing sold 6. In any other case where the real intention of the parties is that the transaction shall Secure the payment of a debt or the performance of any other obligation. 7. Art. 1602 shall also apply to a contract purporting to be an Absolute sale. (Art. 1604) Note: In case of doubt in determining whether it is equitable mortgage or sale a retro (with right of repurchase); it shall be construed as equitable mortgage.

REMEDY IS REFORMATION.
An equitable mortgage is one which although lacking in some formality, or form or words, or other requisites demanded by a statute, nevertheless reveals the intention of the parties to charge real property as security for a debt, and contains nothing impossible or contrary to law.