TITLE 8

Question 1

Elements - Parricide

Answer 1

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, legitimate other
   descendant, legitimate other ascendant, or legitimate spouse of the accused.

Question 2

It is evident that parricide is a crime based on relationship.
The said relationship must be?

Answer 2

1. The said relationship must be legitimate (except in the case of a parent and a child - it can be legitimate or illegitimate);
2. The relationship must be in the direct line;
3. The said relationship must be by blood (except in
   case of legitimate spouses).

Question 3

Parricide is committed when the offender kills his?

Answer 3

1. Father;
2. Mother;
3. Child, whether legitimate or illegitimate;
4. Legitimate other ascendants;
5. Legitimate other descendants; or
6. The legitimate spouse.

Question 4

Elements of Murder - 248

Answer 4

1. A person kills another;
2. The said act of killing is attended by any of the following qualifying circumstances.

a. When the act of killing is done with treachery, taking advantage of superior strength, with the aid of armed men, employing means to
weaken the defense, or employing means or persons to insure or afford impunity;

b. When the act of killing is done in consideration of price, reward, or promise;

c. When the act of killing is done by means of fire, inundation, poison, explosion, shipwreck, stranding of a vessel, derailment, or assault
upon a railroad, fall of an airship, by means of motor vehicles, or by any other means involving great waste and ruin.

d. When the act of killing is done on occasion of any calamities enumerated in paragraph c
above, or on occasion of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamities.

e. When the act of killing is done with evident premeditation; or

f. When the act of killing is done with cruelty, by deliberately and inhumanly augmenting the suffering of the victim or by outraging or scoffing at his person or corpse.

Question 5

In murder, the act of killing must be attended by any one, only one of the qualifying circumstances enumerated. If the
person kills another and the said killing does not amount to parricide or infanticide, and the said act of killing is not
attended by any of the circumstances that are mentioned
for the crime of murder, it is under Article 249

Answer 5

Homicide

Question 6

A brother killing his brother in the course of a fight
is and explain?

Answer 6

Homicide. Although they are legitimate brothers,
although they are related by blood, their relationship is NOT in the direct line. It will be the crime if Homicide and NOT Murder.

Question 7

A stepson killing his stepfather in the course of a fight is _____.

Answer 7

Homicide. It is not parricide because their relationship is not legitimate, it is a stepfather stepson
relationship.

Question 8

Husband killing the wife, vice versa, the crime
committed is _____.

Answer 8

Parricide. Even if they are not blood related, as long as they are legitimate spouses and they are legally married spouses, the crime committed is Parricide when one kills another.

Question 9

Elements of Death or Physical Injuries Inflicted under Exceptional Circumstances

Answer 9

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 the said legally married spouse 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
   prostitution of his wife or daughter, or that he or
   she has not consented to the infidelity of the other
   spouse.

Question 10

X arrived home, it was unannounced. He was not
feeling well at that time. When he arrived home, it was
only 4 pm. He came home early this time. Usually, he
comes home at around 8 pm. When he arrived home,
he realized that the house was very silent. He believed
that his wife was not there and that she went outside.
Since he has his own keys, he opened the door of the
house wanting to take a rest and have a good sleep.
He opened the master’s bedroom. Upon opening, he
was shocked as he saw on the matrimonial bed his
own wife in actual sexual intercourse with another
man. When he looked at the man, it was his best friend,
his compadre. Jealous and angry at what he
witnessed, X took the fan knife he always carried with
him and stabbed both of them. Both of them died.
Thereafter, he surrendered to the authorities admitting
the killing but saying that he killed them in the actual
act of sexual intercourse. He even surrendered the
knife that he used. After investigation, the police
officers filed cases of Parricide and Murder against X
before the office of the public prosecutor. If you were
the investigating public prosecutor, would you indict
X as charged by the police?

If you were the judge, based on the facts, how would
you rule?

Answer 10

YES. The public prosecutor must indict X of Parricide
for killing his own wife and for Homicide for killing his best
friend. It is NOT murder because the killing happened at
the spur of the moment. None of the qualifying
circumstances for murder under Article 248 attended the
killing of the best friend. Therefore, the proper charges
would be Parricide and Homicide.

You have to convict X of the crime of Parricide for killing
his wife and of the crime of Homicide for killing his best
friend. However, since Article 247 applies, the penalty
should only be destierro.

Question 11

Elements of Death Caused in a Tumultuous Affray

Answer 11

1. There be several persons;
2. They did 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. That 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 12

Elements of Physical Injuries Inflicted in Tumultuous
Affray

Answer 12

1. There is a tumultuous affray;
2. A participant or some participants thereof suffer 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 13

Two ways of committing the crime: - ARTICLE 253. GIVING ASSISTANCE TO SUICIDE

Answer 13

1.) By assisting another to commit suicide whether the suicide is consummated or not; or

2.) By lending assistance to another to commit suicide to the extent of doing the killing himself.

Question 14

Elements of Illegal Discharge of Firearms

Answer 14

1. That the offender discharges a firearm against or at another person;
2. That the offender has no intention to kill that person.

Under Article 254, the offender aimed a firearm at another, discharges it, absent an intent to kill. His intention was only to intimidate, to threaten the said person. There is no intent
to kill the said person

Question 15

Infanticide is committed when?

Answer 15

Infanticide is committed when the person killed is a child less than three (3) days old or less than 72 hours. In
case of infanticide, it is the age of the victim that is controlling. The victim must be less than three (3) days old or 72 hours.

Question 16

TWO KINDS OF ABORTION

Answer 16

1. Intentional Abortion (Article 256, 258, and 259)
2. Unintentional Abortion (Article 257)

Question 17

Ways of committing intentional abortion

Answer 17

1. By inflicting violence upon the person of a pregnant woman;
2. By acting, without violence and without consent of the pregnant woman, by administering abortive
   drugs or beverage on the said pregnant woman.
3. By acting, without violence and with consent of the pregnant woman, by administering abortive drugs or beverage on the said pregnant woman.

In case of intentional abortion, the intent of the offender is
to expel the fetus from the womb of the said woman. The act can be done either with or without violence.

Question 18

Elements of Intentional Abortion

Answer 18

1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages be 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 of after having been expelled therefrom.
4. The abortion is intended.

Question 19

Elements of Unintentional Abortion

Answer 19

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

Question 20

INTENTIONAL ABORTION v. UNINTENTIONAL
ABORTION

a. As to intent:
b.
c. Modifying Circumstance

Answer 20

INTENTIONAL
ABORTION

1. The intent of the offender is against the fetus.
2. To bring about
   intentional abortion
   (Articles 256, 258, and
   259), it is necessary that
   the fetus died in order to
   bring about a
   consummated
   intentional abortion. If
   the fetus did not die
   despite the fact that the
   offender already
   performed all the acts of
   execution, the crime
   committed is frustrated
   intentional abortion
   because to bring about
   intentional abortion, the
   fetus must die.
3. Modifying circumstances
   are considered by the
   Court in imposing the
   penalty.

UNINTENTIONAL ABORTION

1. The intent of the offender is against the woman, he has
   no intent to kill the fetus, the intention is against the
   woman who happens to be
   pregnant, and because of
   the physical force and
   violence inflicted on the said woman, the fetus was
   expelled unintentionally.
2. If despite the physical
   violence or force inflicted by the offender against the
   pregnant woman, the fetus
   did not die, there is no crime against the fetus. There is no such crime as attempted or frustrated unintentional abortion, because in an unintentional abortion, the offender has no intent against the fetus. The intent of the offender is only against the woman who happens to be pregnant
3. Modifying circumstances is immaterial unless the law
   provides otherwise

Question 21

Elements of Abortion Practiced by the Woman Herself or her Parents

Answer 21

1. There is a pregnant woman who has suffered an abortion;
2. the abortion is intended;
3. the abortion is caused by
   a. the pregnant woman herself;
   b. any other person with her consent;
   c. any of your parents, with her consent for the purpose of conceiving her dishonor.

Question 22

ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES - Elements of Art. 259

Answer 22

1. There is a pregnant woman who suffered an abortion;
2. The abortion is intended;
3. Offender, who must be a physician or midwife, causes or assists in causing, the abortion;
4. Said physician or midwife takes advantage of his or her scientific knowledge or skill.

Question 23

As to Pharmacists, the Elements are:

Answer 23

1.) The offender is a pharmacist;
2.) There is no proper prescription from a physician;
3.) The offender dispenses any abortive.

Question 24

PARRICIDE VS. IFANTICIDE

Answer 24

SEE NOTES

Question 25

ABORTION v. INFACTICIDE

Answer 25

SEE NOTES

Question 26

Under Art. 262, there are two ways of committing mutilation:

Answer 26

I. By intentionally mutilating another, partially or totally, of any organ necessary for reproduction. It is the ovary insofar as the woman is concerned. It is the penis insofar as the man is concerned. II. By intentionally mutilating another, totally or partially, of any other parts of the body.

Question 27

SERIOUS PHYSICAL INJURIES - How committed

Answer 27

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

Question 28

SERIOUS PHYSICAL INJURIES - ACTS PUNISHED?

Answer 28

I. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. II. 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 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. III. When the person injured: a. Becomes deformed, or b. Loses any 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. IV. When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days), as a result of physical injuries inflicted. The moment it is already more than 30 days, it is already serious physical injuries.

Question 29

The offended party is said to have suffered deformity when:

Answer 29

1. the said injury is located on a visible or conspicuous part of the body; 2. it would not heal through the natural healing process; and 3. it causes physical disfigurement on the appearance of the said offended party.

Question 30

Circumstances which will Qualify Serious Physical Injurie

Answer 30

1. When the offended party is related to the offender as the relatives mentioned in the crime of parricide. 2. When the act of inflicting serious physical injuries is attended by any of the qualifying circumstances under Art. 248 Murder.

Question 31

Elements of Less Serios Physical Injuries

Answer 31

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 32

Qualifying Circumstances - Less Serios Physical Injuries

Answer 32

1. When there is manifest intent to insult or offend the injured person. 2. When there are circumstances adding ignominy to the offense. 3. When the victim is the offender’s parents, ascendants, guardians, curators, or teachers. 4. When the victim is a person of rank or persons in authority, provided the crime is not direct assault.

Question 33

SLIGHT PHYSICAL INJURIES OR MALTREATMENT : ACTS PUNISHED

Answer 33

I. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or required medical attendance for the same period. II. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance. III. Ill treatment of another by deed by inflicting pain without causing any injury on the part of the offended party.

Question 34

SLIGHT PHYSICAL INJURIES OR MALTREATMENT: QUALIFYING CIRCUMSTANCES

Answer 34

1. When there is a manifest intent to insult or offend the injured person; 2. When the act of inflicting injuries was coupled by any acts of ignominy; 3. When the injured person is the offender’s parents, ascendants, guardians, curators, or teachers; or 4. When the injured person is a person of rank or a person in authority, provided it will not result in direct assault.