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 wife’s 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 doesn’t 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 one’s 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
offender’s 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
ill-treat 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 Qualified RA 8049
Art 262 RT-RP RP
Art 263 par1 PMa RT Max
Art 263 par2
PC-med-max RT Med
Art 263 par3 PC
med-min RTmin
Art 263 par4 PC
min-max PMa med
AM
Art 265 par2 Arresto
Mayor PM min
Art 266par1 Arresto
menor 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 person’s
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, step-parents, 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 person’s
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 victim’s 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
Art 266-C Effect of pardon – the subsequent
valid marriage between of criminal action or the penalty imposed.
In case it is the legal husband who is the
offender, the subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: Provided, that the crime shall
not be extinguished or the penalty shall not be abated if the marriage is viod
ab initio(RA 8353)
Marriage- extinguishes not only penal action,
but likewise the penalty that may be imposed.
Crime of chastity such benefits not only the
principals but also the accomplices and accessories.
Not anymore in accomplices or accessory
because the crime of rape is not anymore crime against chastity now a crime
against person.
Art 266-D Presumption – Any physical overt act
manifesting resistance against the act of rape in any degree from the offended
party, or where the offended party is so situated as to render her/him
incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under articles 266-A (RA 8353)
Evidence which may be accepted in the
prosecution of rape
1. Any physical overt act manifesting resistance
against the act of rape in any degree from the offended party; or
2. Where the offended party is so situated as to
render him/her incapable of giving consent.
No comments:
Post a Comment