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CRIM2 FINALS > TITLE 8 > Flashcards

TITLE 8 Flashcards

1
Q

Parricide

A

That a person is killed;

That the deceased is killed by the accused; and

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.

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2
Q

GR for relationship

A

The relationship between the offender and the offended party (e.g. spouses, other ascendants and descendants) must be legitimate

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3
Q

XPN to GR for relationship (parricide)

A

Can be illegitimate if parent and child

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4
Q

What if the marriage was subsequently annuled?

A

Still liable

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5
Q

What if there is no clear evidence of marriage? What is the best proof?

A

No clear evidence = homicide or murder. Marriage cert or oral evidence is the best proof.

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6
Q

Reqs to apply to muslims and other ethnic communities

A

Marriage needs to be performed in accordance with their rights

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7
Q

Cases of parricide when the penalty shall NOT be reclusion perpetua to death:

A

Parricide through negligence (Art. 365);

  1. Parricide by mistake (Art. 49); and
  2. Parricide under exceptional circumstances (Art. 247)
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8
Q

Is knowledge of the relationship required?

A

No

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9
Q

Art. 247

A

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 of 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; and

3) 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 others.

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10
Q

T or F: Art 247 applies to common law spouses

A

F

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11
Q

T or F: Art 247 applies to only LEGITIMATE parents n children

A

F

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12
Q

Requirements for the daughter

A

Must be single, living with the parents and 18 years old and till under parental authority

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13
Q

Can the acts be preparatory to sexual intercourse?

A

No, they must be in the ACT of doing the sexual intercourse or immediately thereafter.

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14
Q

XPN

A

Can be committed immediately AFTER (like running away)

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15
Q

Is it enough that circumstance show that the carnal act is being committed or has just been committed?

A

Yes

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16
Q

When is it an Absolutory Cause?

A

Slight physical injuries

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17
Q

When is it a mitigating circumstance

A

Death or Serious physical injuries

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18
Q

What is the penalty?

A

Destierro

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19
Q

What if its an LGBT couple getting caught?

A

This article does not apply bc they cannot have carnal knowledge.

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20
Q

What is murder? (Elements)

A

That a person was killed;
That the accused killed him;

That the killing was attended by any of the qualifying circumstances mentioned in Art. 248; and

That the killing is not parricide or infanticide.

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21
Q

Homicide - Elements

A

That a person was killed;

That the accused killed him without any justifying circumstances;

That the accused had the intention to kill, which is presumed;

That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

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22
Q

When is intent to kill presumed?

A

Intent to kill is presumed when death occurs.

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23
Q

What stage is it important to prove intent?

A

Important only in attempted or frustrated
and it must be proved beyond reasonable doubt through clear and convincing evidence

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24
Q

Is there an offense of frustrated homicide thru imprudence?

A

None, element of intent to kill in frustrated homicide is incompatible with negligence or imprudence

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25
Q

Death caused in a Tumultuous Affray

A

That there be several persons;

That they did not compose groups organized for the common purpose of assaulting and attacking each other

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;

That the person or persons who inflicted serious physical injuries or who used violence can be identified.

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26
Q

‘Several persons’

A

At least 4 people

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27
Q

Persons liable in death in a tumultous affray:

A

Persons who inflicted the serious physical injury

If not known, all the persons who used violence

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28
Q

What if the police could establish who killed in death in a tumutltous affray?

A

Homicide, only for that person who was established

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29
Q

The police cannot establish who inflicted violence resulting in death?

A

Death caused in a tumultuous affray

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30
Q

Does the victim have to be a participant in the affray?

A

No, can be a non-participant.

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31
Q

Physical Injuries inflicted in a Tumultuous Affray

A

That there is a tumultuous affray as referred to in the preceding article;

That a participant or some participants thereof suffers serious physical injuries or physical injuries of a less serious nature only;

That the person responsible therefor cannot be identified;

That all those who appear to have used violence upon the person of the offended party are known.

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32
Q

Are slight physical injuries included?

A

No

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33
Q

Giving Assistnace to Suicide

A

By assisting another to commit suicide, whether the suicide is consummated or not;

(Qualifying) By lending his assistance to another to commit suicide to the extent of doing the killing himself.

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34
Q

Discharge of firearm

A

That the offender discharges a firearm against or at another person; and

That the offender has no intention to kill that person.

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35
Q

When is it frustrated?

A

If the firearm is directed AT THE PERSON and the trigger was pressed but did not fire

36
Q

What should the intention be?

A

The purpose of the offender is only to intimidate or frighten the offended party.

37
Q

Infanticide

A

Killing any child less than three days of age.

38
Q

Who are entitled to the MC of concealing the mother’s dishonor?

A

Mother and maternal grandparents

39
Q

What is the requirement if the child was born alive?

A

It must have an independent life from the mother

40
Q

What if the child was born dead?

A

No crime

41
Q

Intentional Abortion - Elements

A

That there is a pregnant woman;

That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman;

That 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; and

That the abortion is intended.

42
Q

What if the fetus survives?

A

Frustrated intentional abortion

43
Q

What if it’s unintentional and the fetus does not die?

A

physical injuries

44
Q

When is the pregnant woman liable for abortion?

A

If she consented but not under this article, under 258

45
Q

Unintentional Abortion

A

That there is a pregnant woman;

That violence is used upon such pregnant woman without intending abortion; and

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.

46
Q

Abortion practiced by the Woman herself or her parents

A

That there is a pregnant woman who has suffered an abortion;

That the abortion is intended; and
That the abortion is caused by –

The pregnant woman herself;

Any other person, with her consent; or

Any of her parents, with her consent, for the purpose of concealing her dishonor

47
Q

Is there mitigation for the parents in the crime of abortion w/ consent?

A

No, only in infanticide.

48
Q

Abortion practiced by Physician or midwife and dispensing of Abortives

A

That there is a pregnant woman who has suffered an abortion;

That the abortion is intended;

That the offender, who must be a physician or midwife, causes, or assists in causing the abortion; and

That said physician or midwife takes advantage of his or her scientific knowledge or skill.

49
Q

Is knowledge that the abortive would be used for abortion material on the part of the pharmacist who issues the abortive?

A

Article does not require that the pharmacist knows that the abortive would be used to cause abortion.

50
Q

What is the act constituting the offense

A

Act constituting the offense is dispensing abortive

51
Q

Does the accused have to know she was pregnant?

A

Yes to be liable

52
Q

If the pharmacist knew that the abortive would be used to cause abortion and abortion results, whats his liability?

A

He is liable as an accomplice.

53
Q

Responsibility of participants in Duel - Punishable Acts

A

By killing one’s adversary in a duel;

By inflicting upon such adversary physical injuries; and

By making a combat although no physical injuries have been inflicted

54
Q

DUEL DEFINED

A

Formal or regular combat concerted

Previously concerted by two parties

In the present of two or more seconds of lawful age on each side

Make the selections of arms

Fix all the other conditions of a fight

55
Q

PERSONS LIABLE:

A

Person who killed or inflicted PI or both combatants in any other cases (principals)

Seconds (accomplices)

56
Q

Challenging to a Duel -Punishable Acts

A

By challenging another to a duel.

By inciting another to give or accept a challenge to a due.

By scoffing at or decrying another publicly for having refused to accept a challenge to fight a due.

57
Q

MUTILATION - elements

A

a. There must be a castration, which is mutilation of organs necessary for generation, such penis or ovarium; and

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

58
Q

Can there be intent to kill in mutilation?

A

NO

59
Q

Can it be committed thru negligence

A

NO

60
Q

Does this require actual cutting off of the organs?

A

Does not mean necessarily cutting off of the organ or any part thereof. It suffices that it is rendered useless.

61
Q

Does this include other parts of the body?

A

Yes

62
Q

Serious Physical Injuries - Punishable Acts

A

Wounding;
Assaulting; (Article 263)
Beating; or
Administering injurious substance (264)

63
Q

WHAT ARE SPIs?

A

When the injured person becomes:

1) Insane, imbecile, impotent or blind
2) Loses the use of his senses or loses an eye or any limbs or loses the use of any such member
3) Becomes incapacitated for the work in which he was therefore habitually engaged
4) Becomes deformed
5) Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days
6) When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days)

64
Q

What if there is intent to kill?

A

It becomes frustrated or attempted homicide

65
Q

Is mere weakness of vision contemplated?

A

NO

66
Q

Requirement of deformity?

A

Conspicuous and visible

67
Q

What does labor contemplate?

A

Any kind of labor but it does not refer to a labor in which the offended party is engaged at the time the injuries are inflicted

68
Q

Is medical attendance important in this crime?

A

Medical attendance is not important

69
Q

QUALIFIED SPI

A

If committed against any persons enumerated in parricide

Attendance of any circumstances under murder

70
Q

DIFFERENCE BETWEEN MUTULIATION AND DEFORMITY:

A

Mutilation → intentionally committed

Deformity → unintentionally committed

71
Q

Administering Injurious Substance Or Beverages - elements

A

That the offender inflicted upon another any serious physical injury;

That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity; and

That he had no intent to kil

72
Q

What does ADMINISTERING contemplate?

A

Introducing into the body the substance

73
Q

Less Physical Injuries

A

The offended party is incapacitated for labor for 10 days or more but not more than 30 days, or needs attendance for the same period; and

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

74
Q

What if there is NO MEDICAL ATTENDANCE OR INCAPACITY FOR LABOR?

A

Slight physical injuries only

75
Q

Slight Physical Injuries and Maltreatment

A

incapacitated the offended party from one to nine days, or required medical attendance during the same period;

Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance; and

Ill-treatment of another by deed without causing any injury.

76
Q

ILL TREATMENT

A

Physical violence which does not produce injury (slapping)

77
Q

What is the difference of ill-treatment and slander by deed?

A

Ill- treatment does not cause dishonor

78
Q

How is Rape committed?

A

Rape by sexual intercourse
Rape by sexual assault

79
Q

Elements of rape by SI

A

That the offender is a Man;

That the offender had a carnal knowledge of a woman; and

That such act is accomplished under any of the following circumstances:

  • By using force, threat or intimidation;
  • When the offended party is deprived of reason or otherwise unconscious;
  • By means of fraudulent machinations or grave abuse of authority; or
  • When the woman is under 16 or demented, regardless of the presence of the circumstances above
80
Q

Elements of rape by SA

A

​​That the offender commits an act of sexual assault;

That the act of sexual assault is committed by any of the following means:

  • By inserting his penis into another person’s mouth or anal orifice
  • By inserting any instrument or object into the genital or anal orifice of another person
  • That the act of sexual assault is accomplished under any of the circumstances enumerated under the first act of committing rape.
81
Q

Can a woman be a PDP in the first way of committing rape?

A

A woman can be a PDP in the first mode provided that a man is charged with her

82
Q

How much penetration is necessary?

A

Even partial is pwede

83
Q

Can rape by the second form be committed w/ inserting fingers?

A

Yes

84
Q

Is there a crime of frustrated rape?

A

No

85
Q

When is it statutory rape?

A

Under 16

But more than 13 years of age but under 16 years the crime is statutory except when the age different of the parties is not more than 3 years and the act is not consensual, abusive or explosive

86
Q

Qualifying circumstances:

A
  1. Committed with the use of a deadly weapon or b y two or more persons.
  2. When by reason or on the occasion of the rape, the victim has become insane.
  3. When rape is attempted and homicide is committed.
87
Q

Effect of pardon

A

The subsequent valid marriage between the offender and the offender party shall extinguish the 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 offender party shall extinguish the criminal action

CRIM2 FINALS (7 decks)

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