Article 246: Parricide

o Elements
o By blood and direct Line
o Relationship must be alleged
o Proof of relationship
o Muslim
o Parricide through reckless imprudence (without intent to kill)
o Parricide by mistake (with intent to kill; mistake in identity)
Liable article 4: commit a felony although the wrongful act done be diff from which he intended
penalty 49 (lower penalty imposed at its maximum period)
Knowledge of relationship is not required my law
o Liability of a Stranger

Article 247: Death or Physical Injuries inflicted under exceptional circumstances
o Elements
Legally Married to spouse; Parents to daughter under 18 and living with the parents
Having surprised his spouse in the act of committing sexual intercourse
Shall kill or inflict Serious Physical injuries in the act or immediately thereafter.
o Other Physical injuries- exempted (Absolutory cause)
o Not applicable: consented to infidelity; promoted and facilitated to prostitution
o Does not define a felony and penalized a felony
o Even if not living with parents- under 18 under parental authority
o Surprised
To come upon suddenly and unexpectedly
Must see in the act of sexual intercourse
Actual sexual intercourse: flagrant adultery, scandal
Enough: circumstances show reasonably that carnal act is being committed or
has just been committed (during; right after)
Preparatory acts not included but with dissenting opinion Justice Laurel
o Immediately thereafter
Study Guide:
Title 8 Crimes against Persons
LOOK INTO:
1. Elements and Provisions
2. Jurisprudence
3. Familiarize Scenarios/ Application
4. Related SPL
*Review on Article 4 criminal liability
*Impossible Crime

ARTICLE 4

In my opinion
If a parent or a spouse shall kill or inflict physical injuries
under exceptional circumstances as provided in article
247, it does not absolved the civil liability of the offender.
Article 100 provides that every person criminally liable is
also civilly liable and in relation to Article 247 being an
absolutory cause, only extinguishes criminal liability and
not the civil aspect.
However, since article 247 does not define a distinct crime
or punishes such act, it does follow that no
indemnification can be obtained for the acts mentioned
under article 247 are lawful.
The discovery, the escape and the killing must all form a part of one continuous act
Killing must be the direct by product of the accused rage
o Liability for death or physical injuries suffered by third person
Exempted unless there is reckless imprudence
o Destierro

Article 248 Murder
o Elements
o Unlawful killing: Not parricide nor infanticide
o Attended by any of the qualifying circumstances
o Intent to kill
o Even if without intent to kill but attended by any of the qualifying circumstances-murder
Ex. Treachery present; without intent to kill- Still Murder
Ex. Poison use as a means not intended to kill but to sexually excite the woman; woman died-
Not murder because poison can only be inherent in the crime of murder when it is used as a
means to KILL (my answer: Homicide through Reckless Imprudence)
o More than one qualifying circumstance:
One qualify as murder; others generic aggravating
Others are Absorbed or included in one qualifying circumstance
Any must be ALLEGED
o Outraging or Scoffing not aggravating

o Any of Qualifying Circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means in order to weaken the defense or of means or persons to insure or afford
impunity.
a. Treachery- sudden and unexpected and victim not in the position to defend, repel or
escape; means, methods or forms of attack is consciously adopted; killing a child of
tender years
b. Taking advantage of superior strength- Sex and/ weapon vs. weak, wounded and
unarmed
c. Aid of armed men- directly or indirectly; accused relied on the aid
d. Weaken the defense
e. Insure or afford impunity- prevent being recognized or to secure against detection
or punishment
2. In consideration of a price, reward or promise
3. By means of inundation, fire, explosion, poison, etc (10)
a. Evident premeditation and Treachery- inherent in Poison
4. With Evident premeditation
Prove:
a. The time the offender determined to kill
b. An act manifestly indicating he clung to his determination
c. Sufficient lapse of time between determination and execution

5. On occasion of any public calamities
a. Killing on the occasion and Taken advantage by offender to kill
6. With Cruelty, or Outraging or Scoffing
1987 Constitution:
Abolished Death penalty
RA 7659: restored
RA 9346: Suspended

IN ALL CRIMES AGAINST PERSONS:
CORPUS DELICTI MUST BE PROVED
AND ESTABLISH:
-Crime is actually perpetrated
1. Fact of the death
2. Identity of the victim
a. Cruelty- ALIVE: deliberately augmenting the suffering
b. Outraging or Scoffing- DEAD

Article 249 Homicide
o Elements
o Unlawful killing or Killed without any justifying circumstances
o Intent to kill is presumed when death results
o Not parricide, infanticide nor murder
o If in attempted or Frustrated Stage--- Evidence of INTENT TO KILL
No intent to kill only liable for Physical Injuries
o Accidental Homicide- No crime; lawful act
Ex. Boxing Game
Violation f Rules- Homicide with reckless imprudence
Intent to kill- Homicide

Article 250 Penalty for Frustrated Parricide, Murder or Homicide
o Frustrated: 2 degrees lower
o Attempted: 3 degrees lower
ONLY PERMISSIVE not mandatory

Article 251 Death caused in a tumultuous affray
o Elements
o Not composed of groups organized for the common purpose of attacking or assaulting each other
If united in their common purpose to attack: Homicide
o Tumultuous- more than 3; armed or provided with means of violence
o Someone is kill (Anybody participants or not)
o Death resulted and cannot be ascertained who killed: Who is liable?
The one who inflicted the serious physical injuries
Cannot be determined who inflicted the Serious PI: all who used violence upon the victim

Article 252 Physical Injuries inflicted in a Tumultuous affray
o Elements
o Serious or Less serious physical injuries inflicted
o PARTICIPANTS
o Cannot be ascertained who inflicted such injuries: Who is liable?
All who appear to have used violence upon the offended party

Article 253 Giving Assistance to Suicide
o Elements
Article 11 Justifying
Circumstances:
1. Self Defense
2. Defense of Relatives
3. Defense of Strangers
4. Acts in order to avoid evil
or injury causes damage
5. Fulfillment of a duty
6. Obedience to a lawful
order by a superior
RA 8294
Use of Unlicensed firearm in
Homicide or Murder Case: Former
is not a separate crime (Illegal
possession) but aggravating
o Acts Punishable:
By assisting (whether suicide is consummated or not)
By lending assistance to the extent of doing the killing himself
o Attempt to commit suicide not punishable by law
Ex. Pregnant woman attempts to commit suicide but as a result an abortion resulted- No liability

Article 254 Discharge of Firearms
o Elements
o Discharges firearm aimed against or at another
o Without intent to kill
Intent to kill: Attempted Homicide, Murder, Parricide
o Complex crime of illegal discharged of firearm with serious or less serious physical injuries:
o Offended party got hit
o Purpose is only to intimidate or frighten the offended party
o Distinguished from Article 155 Causing Alarm
Ex. Firing gun against the house at random
Article 255 Infanticide
o Elements
o Kills a child less than three days of age or less than 72 hours
o Penalty is mitigated
Purpose is to conceal dishonor (Good reputation)
Committed by mother or maternal grandparents
o Child must be born alive and fully developed: Can sustain life outside the mothers womb
Article 256 Intentional Abortion
o Elements
o Abortion is intended
o Ways
Violence
Administering drugs or beverages without the womans consent
Administering drugs or beverages with the womans consent

Article 257 Unintentional Abortion
o Elements
o Violence is intentionally exerted
Actual Physical force
Only intimidation and resulted to abortion- liable only for threats
o Without intending Abortion
o Is it required that the offender should know that the woman was pregnant?
o Unintentional Abortion through reckless imprudence
o Complex crime of Homicide with unintentional abortion
Pregnant woman died and the foetus
o Complex crime of Parricide with unintentional abortion
Intent to kill the Pregnant wife
o No intent to cause abortion (256) or no violence exerted (257)--- no abortion of any kind
Look for culpa; can be liable under Article 365

Article 258 Abortion practiced by the woman herself or by her parents
o Elements
o Abortion is intended
o Caused by:
Pregnant woman herself
Any person with her consent
Her parents with her consent for the purpose of concealing her dishonor
o Purpose is to conceal dishonor:
Committed by pregnant woman- liability is mitigated
Committed by parents with PW consent- not mitigated

Article 259 Abortion practiced by a physician or midwife and dispensing abortives
o Elements
o Abortion is intended
o Offender: Physician or Midwife
Causes or assist in causing abortion
Takes advantage of his scientific knowledge or skill
Pharmacist is also liable:
No proper prescription from physician and dispenses any abortives
o Penalty imposed at maximum period (256 administering abortives with or without consent of PW)
Applies to Physician or Midwife

Article 260 Responsibility of Participant in a duel
o Elements
o Definition
Formal or regular combat
Previously concerted between parties
Presence of 2 or more seconds of lawful age on each side
Who makes the selection of arms and fix all other conditions
o Acts punishable:
Killing ones adversary
Inflicting Physical injuries upon adversary
Making a combat
o Principals
Who killed or inflicted Physical injuries or both combatants in any other case
o Accomplice
Seconds

RA 4729 Regulates sale,
dispensation, and/
distribution of
contraceptive drugs
and devices
Must be duly licensed
drug store and with
prescription of qualified
medical practitioner
Article 261 Challenging to a Duel
o Elements
o Duel means formal combat as defined in 260
o Acts punishable:
Challenging another to a duel
Inciting another to give or accept
Scoffing or decrying another PUBLICLY for having refused to accept
o Not challenging to a duel--- can be light threats only
o Persons responsible:
Challenger
Instigator

Article 262 Mutilation
o Elements
o Mutilation
Means lopping or clipping some part of the body
Includes amputation
o SPECIFIC INTENT: purposely and deliberately to deprive part of his body/ intent to mutilate
No intent: Physical injuries
o Two kinds:
Castration--- essential organ for reproduction
Mayhem--- other parts of the body

Article 263 Serious Physical Injuries
o Elements
o Wound, beat, assault or by administering injurious substance
o Without intent to kill
o May be committed by reckless imprudence or simple imprudence or negligence
o Serious Physical Injuries--- injuries result to:

1. Impotency, imbecile, insanity or complete blindness
2. Loses the use of speech, power to hear, smell, loses an eye, hand, foot, an arm, or leg/ Loses the use
of any such member/ Incapacitated for work habitually engaged
3. Deformed/ any other member of his body/ loses the use thereof/ ill or incapacitated for work for more
than 90 days
4. Ill or incapacitated for labor for more than 30 days

o Deformity--- a. physical ugliness, b. permanent and definite abnormality and c. conspicuous and visible
Cannot be repaired by the action of nature
o Qualified Serious Physical Injuries--- person enumerated in parricide or attendance of qualifying
circumstances in the crime of murder
o Excessive chastisement by parents--- not qualified


RA 7610 Section 10: Reclusion perpetua
Other intentional mutilation
Victim under 12 yrs of age

Article 264 Administering injurious substances or beverages
o Elements
o Inflict serious physical injuries done by
Knowingly administering injurious substances or beverages or
Did not know injurious nature of substance--- not liable 264
Administering--- introducing into the body
By taking advantage of his weakness of mind or credulity
No intent to kill
Has intent--- frustrated murder (poison)
o Not applicable--- less serious or slight physical injuries resulted

Article 265 Less Serious Physical Injuries
o Incapacitated for Labor/ shall require medical attendance for 10 days or more
o Qualified:
1. Manifest intent to insult or offend the injured party/ circumstances adding ignominy
2. Victim is offenders parents ascendants, guardians, curators, or teacher; or Persons of rank or
persons in authority (Crime is NOT DIRECT ASSAULT)

Article 266 Slight Physical Injuries and Maltreatment
o Three kinds:
1. Incapacitated 1-9 days or required medical attendance for the same period
2. Did not prevent from engaging in work or did not require medical attendance
3. Ill treatment by dead without causing injury
Ex. Slapping

Article 266-A Rape
o Paragraph 1: Penile rape/ Organ rape
1. Offender: Man
2. Carnal knowledge of a woman
3. Accomplished by:
Force or intimidation
Deprived of reason or unconscious
Fraudulent machinations or grave abuse of authority
Under 12 years of age or demented
o Discussion
Stroking/ slight brush/ scrape on external layer: Attempted RAPE/ Acts of lasciviousness
Touching labia majora or labia minora of the pudendum to attain some degree of penetration:
CONSUMMATED Rape--- Not essential there be a complete penetration
NO crime of Frustrated Rape
Broken hymen/ negative findings of lacerations/ exact date of sexual assault: not essential
element of rape
Multiple rape by two or more offenders:
RA 8353 Rape can now be
committed by a woman
Gender free rape
Woman in
conspiracy
Insertion of any
instrument, object or any
part of the human body
other than the sexual
organ: RAPE
Rape of wife by husband
Conspired: act of one act of all: Liability for all--- # of rapes committed

o Paragraph 2: Gender free Rape
1. Offender: Man/ Woman/ LGTB
2. Committed by:
Inserting his penis into another persons mouth or anal orifice
Inserting any instrument or object into the genital or anal orifice of another person
3. Accomplished by. FDFU

o Discussions:
Consent not physical force (except: minor)
Force need not be irresistible
Resistance when futile does not amount to consent
The law does not impose upon the victim the burden of proving resistance
Moral ascendency or Influence: Substitute for force or intimidation
Deprivation of Reason
Does not need to be complete
No will
Feebleminded, idiotic, imbecile
Unconscious
Narcotics administered with consent which incited her passions but does not deprive her
of her will power NOT RAPE
Statutory Rape
Under 12 years of age even if she consented to the sexual act/ is a prostitute
Qualified Rape---Death
Homicide
Rape with homicide--- only when homicide is committed by reason or on
occasion of Rape
Ex. Victim is dying---raped (Murder)---ignominy
Under 18---offender: parent, ascendant, descendant, stepparent, guardian, relative by
consanguinity or affinity (3rd degree) or common law spouses
Under custody of police or military authorities
Committed in full view of the husband, parent, children, relatives (3
rd
)
Religious engaged in legitimate religious vocation or calling---PERSONALLY known by
offender
Below 7 years old
Offender knows he is afflicted with HIV/ AIDS/ STD transmitted to the victim
Any member of the AFP/PNP/LEA---took advantage of the position to facilitate the crime
Suffered permanent physical mutilation or disability
Knew of the pregnancy
Knew of the mental disability




UNDER WHAT LAW SHOULD THE OFFENDER BE
PROSECUTED?
Under 12 years old RPC Article 266A par 1d
12 years old or above SPL RA 7610 sexual abuse
RPC 266A except par 1d

Article 266 C Effect of Pardon
Marriage extinguishes penal action and penalty to be imposed ONLY AS TO PRINCIPAL
CRIME against Persons (Public Crime) not anymore Crimes against Chastity (Private crime)
Provided marriage is not Void Ab intio
Article 266 D Presumptions
o Physical overt act manifesting RESISTANCE in any degree
o So situated rendering her incapable of giving consent

Special Penal Laws
RA 7610 Special protection of children against abuse, exploitation and discrimination
RA 9262 Anti Violence against Women and their Children (VAWC)
o Violence- an act or series of acts; Physical, Emotional, Psychological or Economic Abuse
o Victim- Woman (Wife, former wife, common child, with whom he has a dating or sexual
relationship) or against her Child
o Battered woman syndrome as a defense
Pattern of psychological and behavioral symptoms found in women living in a battering
relationship as a result of cumulative abuse
Do not incur criminal and civil liability
To prove: requires expert psychiatrist/ psychologist
Cycle of Violence:
Tension Building
Abusive incident
Honeymoon period
o Can be committed by a woman---Conspiracy exist
RA 8049 Regulating Hazing and other Forms of Initiation Rites/ Anti- Hazing Law
o Initiation rites or practice (Physical or psychological suffering or injury) as a prerequisite for admission
into membership in a fraternity, sorority or organization
Organization: not included AFP, PNP, PMA, CMT, CAT: physical, mental and psychological
testing and training duly approved by secretary of national defense and duly recommended by
Chief of staff, Director General
o Not punishable:
prior written notice
initiation does not exceed 3 days
no physical violence
o Physical injuries or death, etc resulted:
Principal:
Actually Participated in the infliction of Physical Harm
Who actually planned although not present when hazing was committed
Presence of any person during hazing (prima facie) unless prevented the commission of
the acts
Accomplice
Owner of the place where hazing is conducted; knowledge; failed to take any action to
prevent the same from occurring
School authorities consented to hazing/ actual knowledge; failed to take action

RA 9745 Anti Torture Act of 2009
o ACT: severe pain or suffering (Physical or Mental
o INTENTIONALLY INFLICTED
o PURPOSE: obtain information or confession
o DIRECTED: Person(a third person)--- punishing him for suspected of having committed
o INFLICTED BY: Persons in Authority/ Agent of a person in authority (consented/ instigated/
acquiescence)
o Confession, Admission or statement-- Inadmissible as evidence; EXCEPT used as evidence against a
person or persons accused of committing torture

Committed by Punishable
Civilians Murder
PiA or AiA Murder/ Anti- Torture Act
Civilian in behalf of the
order from PiA
Murder/ Anti- Torture Act

RA 9372 Human Security Act of 2007
Crime Committed is Murder PLUS
Creating a condition of WIDESPREAD OR EXTRAORDINARY FEAR AND PANIC
In order to coerce government to give in to UNLAWFUL DEMAND