Crimes Against Persons Flashcards
What are the elements of parricide? What family relationships are covered by it?
Under Article 246, the elements of parricide are a person related to the accused, was killed by the latter.
The relationships covered by it are (1) parents, (2) children, (3) ascendants or descendants, and (4) spouses. Parents and children can be legitimate or illegitimate, as long as they are related by blood. Ascendants and descendants on the other hand, must be legitimate or related by blood. Only the spouses are the only relationship not by blood, and it only refers to legitimate married spouses.
What are the two crimes in death or physical injuries inflicted under exceptional circumstances?
Under Article 247, there are two punishable acts.
First, a spouse surprised his spouse in the act of sexual intercourse with a paramour/concubine, and immediately thereafter kills or inflicts physical injuries to the spouse or the paramour/concubine or both of them.
The second punishable act is when a parent surprised his minor daughter who is living with him, having sexual intercourse with the seducer, and immediately thereafter kills or inflicts physical injuries to the daughter or the seducer, or onto both of them.
Under this provision, the parent or the spouse will be charged with distierro if he kills, and if he only inflicted physical injuries of any kind, then he will be exempted, and will not be criminally liable. However, this provision will not apply if the parent or the spouse facilitated the prostitution.
What are the elements of murder? Enumerate some of its qualifying circumstance.
Under Article 248, there is murder when the offender kills a person not falling under parricide or infanticide, under any of the qualifying circumstances mentioned therein.
Some of these qualifying circumstances are the following:
(1) Committed with treachery, aid of armed men, means to weaken defense
(2) By means of fire, poison, explosion
(3) Consideration of price, or reward
(4) On occasion of calamities
(5) With evident premeditation
(6) With cruelty, augmenting the suffering of the victim
What are the elements of homicide?
Under Article 249, homicide is committed when an offender kills a person, who is not under parricide or infanticide, and the killing is not accompanied by the qualifying circumstances mentioned in Article 248, with intent to kill, and without justifying circumstances.
What are the elements of death caused in a tumultuous affray? And who are liable for such crime?
Under Article 251, the elements of death caused in a tumultuous affray are: several persons, not organized for the purpose of attacking each other, assaulted one another and on the process, a victim was killed (the victim can be a third person in this case), and it cannot be determined who killed the victim, but the people who inflicted serious physical injury to the victim can be identified.
The persons liable under this crime are the people who inflicted serious physical injuries to the victim. And if the person who killed the victim can be identified, he will be liable for homicide.
What are the elements of physical injuries inflicted in a tumultuous affray?
Under Article 252, the elements of physical injuries inflicted in a tumultuous affray is when in a tumultuous affray (several persons not organized for the purpose of attacking each other, assaulted one another), a participant/s suffered serious or less serious physical injury and it cannot be identified who inflicted such injury, but the people who used violence against the injured participant can be identified.
What are the elements of discharge of firearms? What is the consequence when the discharge of firearms constituted to a more grave felony (frustrated or attempted parricide, murder, or homicide)?
Under Article 254, the elements of discharge of firearm is when an offender directly fires a firearm to the offended party without intent to kill.
If the discharge of firearm constitutes to a more grave felonies, this particular article will not be applied. But if on the discharge of firearm, serious or less serious physical injuries was incurred by the offended party, there will be a complex crime of discharge of firearm with serious or less serious physical injury.
What are the elements of infanticide?
Under Article 255, an offender is liable for infanticide if the offender kills a child under three days old.
What are the elements of intentional and unintentional abortion?
Under Article 256, there is intentional abortion when a person, intentionally aborts the baby of a pregnant woman by means of violence, drugs, or beverages. Under this article, the offender must have knowledge that the woman is pregnant, and even if violence is not applied but the abortion is done with the consent of the pregnant woman, then the offender is still liable.
While under Article 257, there is unintentional abortion when a person, unintentionally aborts the baby of a pregnant woman by means of violence, drugs, or beverages.
What are the elements of abortion practiced by the pregnant woman or her parents?
Under Article 257, there is abortion practiced by the pregnant woman or her parents if the pregnant woman, or the parents of the woman (by purpose of concealing the dishonor of their daughter), or any other person with the consent of the woman, intentionally aborts the baby.
In this article, only the pregnant woman is liable. The parents will only be liable under this article if their purpose is to conceal the dishonor of their daughter. Otherwise, they will be liable under Article 256 (intentional abortion). The same goes with “any other person with the consent of the woman”.
What are the elements of abortion practiced by a physician or midwife dispensing abortives?
Under Article 258, a physician or midwife will be liable under this provision if the physician or midwife, taking advantage of their knowledge, caused or assisted the abortion intentionally. Dispensing of abortives is also punishable under this provision.
What are the responsibilities of participants in a duel? And in challenging a duel, what are the acts that are punished?
Under Article 260, participants in a duel will be responsible if they kill, inflict physical injuries, and making combat even if no physical injuries have been inflicted to their adversary.
Under Article 261, the acts punished in challenging a duel is the challenging itself (which requires that there is contemplation on the part of the challenger that the duel will happen), inciting another to accept a duel, and scoffing another publicly for turning down a duel.
What are the acts punishable under mutilation?
Under Article 262, the two acts punishable under mutilation are the following:
(1) The offender intentionally mutilates the reproductive organ of the offended party, for the purpose of depriving the latter of the use thereof.
(2) The offender intentionally mutilates any other part of the body other than his reproductive organ for the purpose of depriving the latter of the use of that body part.
When is an injury considered as a serious physical injury?
Under Article 263, there is serious physical injury if the offender inflicts physical injury to the offended party and the inflicted physical injury results to:
(1) The offended party becomes impotent, imbecile, insane, or blind.
(2) The offended party lost the power of speech, sense of hearing or smell, lost an eye, a hand, a foot, etc.
(3) The offended party becomes deformed, or lost the use of any of his body parts
(4) The offended party becomes incapacitated for labor or required medical attention for more than thirty days
When is an injury considered as less serious physical injury?
Under Article 264, there is less serious physical injury when by reason of the physical injury inflicted by the offender, the offended party becomes incapacitated for labor or required medical assistance for more than ten days.
