Crimes Against Persons Flashcards
What are the ELEMENTS of Art. 246 “Parricide”?
- A person is killed;
- The deceased is killed by the accused; and
- 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.
What are the REQUISITES of Art. 246 “Death or Physical Injuries Inflicted Under Exceptional Circumstance”?
- 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 of committing sexual intercourse with another person.
- 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.
- That 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.
What are the ELEMENTS of Art. 248 “Murder”?
- A person was killed;
- The accused killed him;
- The killing was attended by any of the qualifying circumstances mentioned in Art. 248; and
- The killing is neither parricide nor infanticide.
How does one determine if there was TREACHERY present?
- The attack was sudden and unexpected.
- The deceased was not given an opportunity to defend himself, to retaliate, to repel the attack, or to escape.
- The mode of attack was consciously adapted by the accused to ensure the commission of the crime without risk to himself.
What are the REQUISITES of Evident Premeditation?
- The time when the offender determined to commit the crime;
- An act manifestly indicating that the offender clung to his determination; and
- A sufficient interval of time between the determination and the execution of the crime to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.
What is HOMICIDE and what are the ELEMENTS of Art. 249 “Homicide”?
Homicide is the unlawful killing of any person without any attendant circumstance that will qualify it as murder, parricide or infanticide.
- That a person was killed;
- That the accused killed that person without any justifying circumstance;
- That the accused had the intention to kill, which is presumed; and
- That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.
What are the ELEMENTS of Art. 250 “Death caused in tumultuous affray?
- That there be several persons;
- That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
- That these several persons quarreled and assaulted one another in a confused and tumultuous manner;
- That someone was killed in the course of the affray;
- That it cannot be ascertained who actually killed the deceased; and
- That the person or persons who inflicted serious physical injuries or who used violence can be identified.
What are the ELEMENTS of Art. 252 “Physical injuries caused in a tumultuous affray”?
- That there is a tumultuous affray as referred to in Art. 251;
- That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only;
- That the person responsible therefore cannot be identified;
- That all those who appear to have used violence upon the person of the offended party are known.
What are the ELEMENTS of Art. 254 “Discharge of firearms”?
- That the offender discharges a firearm against or at another person; and
- That the offender has no intention to kill that person.
What are the ELEMENTS of Art.255 “Infanticide”?
- That a child was killed.
- That the child was less than 3 days old at the time of his death.
- The accused killed the child.
What is Abortion and what are the ways of committing it according to Art. 256 “Intentional abortion”?
It is the killing of the fetus in the maternal womb or the violent expulsion of the fetus from the maternal womb, with or without violence, which results in the death of the fetus.
- By using violence upon the person of a pregnant woman.
- Without using such violence, the offender acts without the consent of the pregnant woman.
- Without using violence, the offender acts with the consent of the pregnant woman.
What are the ELEMENTS of Art. 257 “Unintentional abortion”?
- That there is a pregnant woman;
- That violence is used upon such pregnant woman without intending an abortion;
- That the violence is intentionally exerted; and
- That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom.
Who may commit Art. 258 “Abortion practiced by the woman herself or by her parents” and what are the Mitigating Circumstances under this Art?
Who may commit:
1. The pregnant woman herself;
- Other persons with the consent of the pregnant woman.
Mitigating Circumstances:
1. When the pregnant woman commits an abortion and her purpose is to conceal her dishonor.
- When the crimes is committed by the parents of the pregnant woman or either of them with the consent of the woman herself for the purpose of concealing her dishonor.
What is a Duel?
It is a formal agreement to fight with another party, under determined conditions and with the participation and intervention of seconds, who fix such conditions.
Who are liable in a Duel and what are the acts punishable under it?
Those who are liable:
1. The person who killed or inflicted physical injuries upon such adversary.
- Both combatants in any other case.
- The seconds who shall be punished as accomplices.
Acts:
1. Killing one’s adversary in a duel.
- Inflicting physical injuries upon such adversary.
- Engaging in combat although no physical injuries have been inflicted.
