Professional Documents
Culture Documents
LESS SERIOUS –Depends upon incapacity for labor exceeding 9 but not exceeding 30 days
(x) file complaint for less serious: by citing physicians estimate with regard to the effect or number of
days (x) labor
Hazing vs Initiation
Consequence: physical injuries : (law addresses manner consequences of hazing will be penalize
Deformity – lack of front teeth (not susceptible of being restored through natural action of nature.)
1997 developments took place : crime of rape underwent a redefinition – sort of sexual assault
RA 8252: rape remains the same. Only :: as far as commission is concerned :: law added as means to
commit sexual intercourse: use of a mere threat.
Threat – sufficient to convert carnal knowledge of a woman from consented intercourse into rape
Moral ascendancy of offender over an offended party (sufficient to annul consent) :: criminalizes
intercourse because of absence of consent (ex: father over daughter)
** requirement for resistance : victim of rape must show some degree of resistance to efforts of
offender – Prove absence of consent
Resistance must be tenacious : old
May be in a condition : unable to resist / incapable of giving valid consent (intoxicated etc)
Statutory rape : infers ::: children: women less than 12 years of age: incapable of giving consent
Husband cannot be liable for rape, but may be liable for coercion (before)
Now: a husband can be guilty of rape (there can now be rape between husband and wife)
Rape unconsented sexual intercourse between man and a woman (includes husband and wife)
RA 8353: liable husband (included martial rape) Sexual conduct (x) have anything to do with
reproduction
Sexual act is a part of marriage in fact one can be said to be psychologically incapacitated if he
continuously refuses to have intercourse with his or her spouse
Consumated Rape x Homicide , below 18 years or age, offender is parent, common law spouse of parent
of victim, relative (moral ascendancy), STD, AIDS, VIRUS , committed by army/law enforcing officers
(taking advantage of position), pregnancy at time of commission of crime, suffers from mental
disability (less severe form) , dementia , becomes a handicap (aggravating circumstances) = death
Child rape : rape of child less than 7 years of age DIFFERENT FROM STATUTORY RAPE
*** law does not specify degree of gravity of STD (can be curable)
***
RA 8353 : means for husband to extinguish right to file action by marrying offended party, extends to co-
participants
NO LESS SERIOUS
Slight illegal detention – not succeeded (does not fall in Art 267)
Presupposes deprivation of liberty of another and circumstances enumerated in 267 for purpose of
classifying crime are under 268
Other circumstances (aside from duration, classifies ) Simulation of public authority (hostage taking,
threat to kill)
Inquires to mind of an offender : humanizing acts (rises to level of serious physical injuries)
UNLAWFUL ARREST
Watch out won person effecting arrest empowered to arrest if yes (124 Title 2)
Art 270 kidnapping of minor :: partly repealed by 267 in so far as it treats kidnapping of minor