Crimes Against Person

Question 1

Article 246. Parricide

Answer 1

Elements
1. A person is killed;

2. The deceased is killed by the accused;
3. 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.

Question 2

Article 247. Death or Physical Injuries Inflicted under Exceptional Circumstances

Answer 2

Elements
1. 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 of committing sexual
intercourse with another person;

2. 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. He has not promoted or facilitated the
   prostitution of his wife or daughter, or that he or she has not consented to the infidelity of
   the other spouse.

Question 3

Article 248. Murder

Answer 3

Elements
1. A person was killed;

2. Accused killed him;
3. The killing was attended by any of the following qualifying circumstances –

(a) With treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;

(b) In consideration of a price, reward or promise;

(c) By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;

(d) On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public calamity;

(e) With evident premeditation;

(f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his
person or corpse.

4. The killing is not parricide or infanticide.

Question 4

Article 248. Murder-
Qualifying Circumstances

Answer 4

(a) With treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;

(b) In consideration of a price, reward or promise;

(c) By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;

(d) On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public calamity;

(e) With evident premeditation;

(f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his
person or corpse.

Question 5

Article 249. Homicide

Answer 5

Elements
1. A person was killed;
2. Offender killed him without any justifying circumstances;
3. Offender had the intention to kill, which is presumed;
4. The killing was not attended by any of the qualifying circumstances of murder, or by
that of parricide or infanticide.

Question 6

Article 251. Death Caused in A Tumultuous Affray

Answer 6

Elements
1. There are several persons;

2. They do not compose groups organized for the common purpose of assaulting and
   attacking each other reciprocally;
3. These several persons quarreled and assaulted one another in a confused and
   tumultuous manner;
4. Someone was killed in the course of the affray;
5. It cannot be ascertained who actually killed the deceased;
6. The person or persons who inflicted serious physical injuries or who used violence can be identified.

Question 7

Article 252. Physical Injuries Inflicted in A Tumultuous Affray

Answer 7

Elements
1. There is a tumultuous affray;

2. A participant or some participants thereof
   suffered serious physical injuries or physical
   injuries of a less serious nature only;
3. The person responsible thereof cannot be identified;
4. All those who appear to have used violence upon the person of the offended party are
   known.

Question 8

Article 253. Giving Assistance to Suicide

Answer 8

Acts punished
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.

Question 9

Article 254. Discharge of Firearms

Answer 9

Elements
1. Offender discharges a firearm against or at another person;

2. Offender had no intention to kill that person.

Question 10

Article 255. Infanticide

Answer 10

Elements
1. A child was killed by the accused;

2. The deceased child was less than 72 hours old.

Question 11

Article 256. Intentional Abortion-
Acts punished

Answer 11

Acts punished
1. Using any violence upon the person of the pregnant woman;

2. Acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such
   pregnant woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent of the pregnant
   woman.

Question 12

Article 256. Intentional Abortion

Answer 12

Elements
1. There is a pregnant woman;

2. Violence is exerted, or drugs or beverages administered, or that the accused otherwise
   acts upon such pregnant woman;
3. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom;
4. The abortion is intended.

Question 13

Article 257. Unintentional Abortion

Answer 13

Elements
1. There is a pregnant woman;

2. Violence is used upon such pregnant woman without intending an abortion;
3. The violence is intentionally exerted;
4. As a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom.

Question 14

Article 258. Abortion Practiced by the Woman Herself or by Her Parents

Answer 14

Elements
1. There is a pregnant woman who has suffered an abortion;

2. The abortion is intended;
3. 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.

Question 15

Article 259. Abortion Practiced by A Physician or Midwife and Dispensing of Abortives

Answer 15

Elements
1. There is a pregnant woman who has suffered an abortion;

2. The abortion is intended;
3. Offender, who must be a physician or midwife, caused or assisted in causing the abortion;
4. Said physician or midwife took advantage of his or her scientific knowledge or skill.

Question 16

Article 260. Responsibility of Participants in A Duel

Answer 16

Acts punished
1. Killing one’s adversary in a duel;

2. Inflicting upon such adversary physical injuries;
3. Making a combat although no physical injuries have been inflicted.

Question 17

Article 260.
Responsibility of Participants in A Duel

Answer 17

Persons liable
1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals.
2. The seconds, as accomplices.

Question 18

Article 261.
Challenging to A Duel

Answer 18

Acts punished
1. Challenging another to a duel;

2. Inciting another to give or accept a challenge to a duel;
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

Question 19

Article 262.
Mutilation

Answer 19

Acts punished
1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction;

Elements
(a) There be a castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium;

(b) The mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ
for reproduction

2. 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.

Question 20

Article 263. Serious Physical Injuries

Answer 20

How committed
1. By wounding;

2. By beating;
3. By assaulting; or
4. By administering injurious substance.

Question 21

Serious physical injuries

Answer 21

1. When the 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, afoot, an arm, or a leg;
   (b) Loses the 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 which he was habitually engaged for more than 90 days 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.

Question 22

Article 264. Administering Injurious Substances or Beverages

Answer 22

Elements
1. Offender inflicted upon another any serious physical injury;

2. It was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of
   mind or credulity;
3. He had no intent to kill.

Question 23

Article 265. Less Serious Physical Injuries

Answer 23

Matters to be noted in this crime:
1. Offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time;

2. The physical injuries must not be those described in the preceding articles.

Question 24

Article 266. Slight Physical Injuries and Maltreatment

Answer 24

Acts punished
1. Physical injuries incapacitated the offended party for labor from one to nine days, or
required medical attendance during 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.

Question 25

Article 266-A. Rape, When and How Committed

Answer 25

Elements under paragraph 1 1. Offender is a man; 2. Offender had carnal knowledge of a woman; 3. Such act 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; (c) By means of fraudulent machination or grave abuse of authority; or (d) When the woman is under 16 years of age or demented.

Question 26

Article 266-A. Rape, When and How Committed

Answer 26

Elements under paragraph 2 1. Offender commits an act of sexual assault; 2. 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. The act of sexual assault 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 16 years of age or demented.

Question 27

Qualified Rape

Answer 27

(a) Where the victim is under 18 years of age and the offender is her ascendant, stepfather, guardian, or relative by affinity or consanguinity within the 3rd civil degree, or the common law husband of the victim’s mother; or (b) Where the victim was under the custody of the police or military authorities, or other law enforcement agency; (c) Where the rape is committed in full view of the victim’s husband, the parents, any of the children or relatives by consanguinity within the 3rd civil degree; (d) Where the victim is a religious, that is, a member of a legitimate religious vocation and the offender knows the victim as such before or at the time of the commission of the offense; (e) Where the victim is a child under 7 yrs of age; (f) Where the offender is a member of the AFP, its paramilitary arm, the PNP, or any law enforcement agency and the offender took advantage of his position; (g) Where the offender is afflicted with AIDS or other sexually transmissible diseases, and he is aware thereof when he committed the rape, and the disease was transmitted; (h) Where the victim has suffered permanent physical mutilation; (i) Where the pregnancy of the offended party is known to the rapist at the time of the rape; or (j) Where the rapist is aware of the victim’s mental disability, emotional disturbance or physical handicap.