Professional Documents
Culture Documents
TITLE EIGHT
DESTRUCTION OF LIFE
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term ascendants or descendants
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be
legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or homicide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the
law does not require knowledge of the relationship
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with
them) in the act of committing sexual intercourse with another person
2. He/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. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the
infidelity of the other spouse.
Notes:
Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated
murder
2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one
qualifying circumstance. They cannot be considered as generic aggravating circumstances
3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as
generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.
Notes:
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in
attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each
one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of
(1) the fact of death and (2) the identity of the victim
Acts punishable:
1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.
Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was
expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of painlessly putting to death a
person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to
euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide.
If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense
is infanticide
2. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is
only mitigating
3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good
reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life
when it was killed.
Notes:
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation
for the parents of the pregnant women even if their purpose is to conceal their daughters dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is
not so for art 258
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is
the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an
accomplice
Acts punished:
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in any other
cases
2. Accomplices as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of
lawful age on each side, who make the selection of arms and fix all the other conditions of the fight
2. If death results, the penalty is the same as that for homicide
Acts punishable:
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, 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 the body
Elements:
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation
of the second kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
Notes:
1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par
3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a
principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal
member
8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by
nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous
and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired
appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is
only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the
same
13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body
14. If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered
as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were
not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or
preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor,
there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although less effectively than before
19. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on
parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries
resulting from excessive chastisement by parents is not qualified serious physical injuries
Notes:
Notes:
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the
same period
2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical
attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor)
1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of
the RPC to be known as Chapter 3
1. By a man who have carnal knowledge of a woman under any of the following circumstances:
1. through force, threat or intimidation
2. when the offended party is deprived of reason or otherwise unconscious
3. by means of fraudulent machination or grave abuse of authority
4. when the offended party is under 12 years of age or is demented, even though none of the
circumstances mentioned above be present
5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit an ac of
sexual assault by inserting
1. his penis into another persons mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of another person
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
2. b. the rape is attempted and a homicide is committed by reason or on the occasion thereof
1. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil degree or
6. common law spouse of parent of victim
1. c. under the custody of the police or military authorities or any law enforcement or penal institution
2. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree
of consanguinity
3. 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
4. a child below 7 years old
5. g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the
virus is transmitted to the victim
6. h. offender; member of the AFP, or para-military units thereof, or the PNP, or any law enforcement
agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime
7. victim suffered permanent physical mutilation or disability
8. j. the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
and
9. k. when the offender knew of the mental disability, emotional disorder and/or physical handicap or the
offended party at the time of the commission of the crime
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
1. reclusion temporal when the victim has become insane
2. reclusion temporal to reclusion pepetua rape is attempted and homicide is committed
3. reclusion perpetua homicide is committed by reason or on occasion of rape
4. reclusion temporal committed with any of the 10 aggravating circumstances mentioned above
Notes: