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Criminal Law II > Title 8 - [2/2] (255-266A) + RA 11648 > Flashcards

Title 8 - [2/2] (255-266A) + RA 11648 Flashcards

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1
Q

255

A

Infanticide

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2
Q

What is infanticide?

A

killing of a child that is less than 3 days of age, whether the killer is a parent, g-parent, relative of the child, or stranger

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3
Q

What is required if the victim is a fetus?

A

?

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4
Q

notes on 255

A
  • Other person who kills or who cooperates with the mother or maternal grandparent in killing a child less than three days old will suffer the penalty for murder.
  • Only the mother and the maternal grandparents (mother’s parents) of the child are entitled to the mitigating circumstance of concealing the dishonor.
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5
Q

256

A

Intentional Abortion

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6
Q

257

A

Unintentional Abortion

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7
Q

258

A

Abortion Practice by the woman herself or her parents

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8
Q

259

A

Abortion practice by a physician or midwife dispensing of abortives

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9
Q

What are the different kinds of abortion?

A

256 - intentional abortion
257 - unintentional abortion
258 - abortion practice by the woman herself or her parents
259 - abortion practiced by a physician or midwife in dispensing of abortives

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10
Q

distinguish between abortion & infanticide?

A

infanticide - the killing of a born child of less than three days of age by any person

abortion - willful killing of an unborn child (fetus) or violent expulsion from the womb which results to death

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11
Q

who are the victims in abortion and infanticide

A

fetus
child

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12
Q

Compare intentional abortion with unintentional abortion.

A

state the elements

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13
Q

elements of intentional

A
  1. there is a pregnant woman
  2. violence is exerted, OR drugs, OR beverages administered OR accused acts upon such pregnant woman
  3. as a result of the violence, or drugs, or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or having been expelled therefrom
  4. that the abortion was intended
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14
Q

elements of unintentional

A
  1. there is a pregnant woman
  2. violence was used upon the woman without intending an abortion
  3. violence was intentional
  4. as a result of such, the fetus dies in the womb or after having been expelled therefrom
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15
Q

If the woman having abortion is not pregnant, what crimes are committed?

A

an impossible crime

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16
Q

Can the woman commit unintentional abortion upon herself?

A

It depends.(?)

In a scenario where she negligently drives and hit a tree causing abortion.

In a scenario where the pregnant woman attempts and only intends to suicide by drinking poison but instead of dying, the fetus is expelled is not liable for unintentional abortion

unintentional abortion is punishable only when it is caused by violence (check elements), NOT by poison

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17
Q

Is there unintentional abortion by means of intimidation?

A

No. the law employs the word ‘violence’ that is actual physical force

If a man were to scare a pregnant woman and because of that fright she suffered an abortion, offender is guilty of threats only.

SC of Spain

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18
Q

meaning of ‘intentional’ and ‘unintentional’ in abortion

A

state the elements

intentional - willful killing by means of violence, or drugs or beverages or any act upon the woman that causes the death of the fetus or having been expelled therefrom

unintentional - without intent by means of violence

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19
Q

260

A

Responsibility of participants in a duel

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20
Q

Acts punished in 260

A
  1. killing one’s adversary in a duel
  2. by inflicting upon such adversary physical injuries
  3. making combat although no physical injuries have been inflicted
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21
Q

261

A

challenging to a duel

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22
Q

elements of 261

A

[acts punished]

  1. challenging another to a duel
  2. inciting another to give or accept a challenge to a duel
  3. scoffing or decrying another publicly for refusing to accept a challenge to a fight a duel.
23
Q

outline all physical injuries in chapter 2 of title 8

A

mutilation (262)

serious physical injuries (263)

administering injurious substances or beverages (264)

less physical injuries (265)

slight physical injuries & maltreatment (266)

24
Q

what is mutilation

A

lopping or the clipping off of some part of the body

note putting out of an eye does NOT fall (A stab B’s eye and lost the eye is not mutilation)

25
Q

notes on mutilation

A
  • 2 kinds (mutilation of the reproductive organ and any other part of the body) [castration & mayhem]
  • in 1st kind, removal is not necessarily, sufficient that it is rendered useless
  • intention must always be present
  • cruelty (art 14 p21) is inherent (only crime where cruelty is absorbed/inherent)
  • if victim dies, crime is murder qualified by cruelty (defense is accused had NO intention to kill)
26
Q

how is serious physical injuries committed?

A

by
- wounding
- beating
- assaulting
- administering injurious substances

27
Q

when is there serious physical injuries

A

[par. 1]
When the injured person becomes (*iiib) insane, imbecile, impotent or blind in consequence of the physical injuries inflicted;

[par. 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, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was therefore habitually engaged, in consequence of the physical injuries inflicted.

[par. 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.

[par. 4]
When the injured person becomes ill or incapacitated for LABOR for more than 30 days, as a result of the physical injuries inflicted.

note
[1]
- 2 eyes to be considered blind
- impotent can’t procreate
- insanity - lose of reason

[2]
- lose of 1 eye only
- loss of power to hear of BOTH ears (if 1 only, then it’s par. 3)

[3]
- covers parts that are not **principal members of the body (like hands, arm, foot, leg, eye)
- NOT principal (fingers lost but if lost fingers resulted making the hand useless, it is paragraph 2)
- In paragraphs 2 and 3, the offended party must have a vocation or work at the time of the injury.
- Work includes studies or preparation for a profession

[4]
- incapacity of ANY kind of labor

28
Q

What kind of felony is physical injuries as to stage of execution?

A

This crime is considered a formal crime since it is punished [based on the gravity of the injuries inflicted.]

What is penalized in the crime of physical injuries is the result.

Thus, it is ALWAYS consummated and cannot be committed in the attempted or frustrated stage.

29
Q

Distinguish among serious, less serious, and slight physical injuries

A

[serious]
more than 90 days of incapacitation or ill [par. 3]
30-89 days of incapacitation or ill [par.4]

[less serious]
10-29 days of incapacitation or required medical attendance

[slight]
1-9 days of incapacitation or required medical attendance

30
Q

what is deformity?

A

that there is: (requisites of)
1. physical ugliness
2. permanent and definite abnormality
3. must be conspicuous and visible (if scar covered by clothes, it would not be conspicuous and visible)

note
- injury caused is one that cannot be replaced in the future

  • SC of Spain rules that 3 incisors is visible deformity whereas 1 does not constitute even if it cannot be replaced in the future
31
Q

what is ill treatment

A

In par. 3 & 4, there is illness for a certain period of time, when the would inflicted did not heal within that period

In a case, months after the offense occurred, the injury to the offended party’s left eye has not been entirely cured. This is illness for more than 30 days and the case falls under paragraph 4 of Art. 263

32
Q

Distinguish physical injuries from attempted or frustrated homicide or murder.

A

Physical injuries, distinguished from attempted or frustrated homicide.

  1. In both crimes, the offender inflicts physical injuries. Attempted homicide may be committed, even if no physical injuries are inflicted.
  2. While in the crime of physical injuries, the offender has no intent to kill the offended party, in attempted or frustrated homicide, the offender has an intent to kill the offended party.
33
Q

How is intent to kill determined?

A

evidence?

34
Q

notes on serious physical injuries

A

If a robbery is committed and the injured person suffers that enumerated under numbers 3 and 4, the crime/s committed is/are:
- Special complex crime of robbery with serious physical injuries – if the injured person is not responsible for the robbery.
- Separate crimes of robbery and serious physical injuries – if the injured person is a robber.

35
Q

266-A

A

Rape. When & How Committed

36
Q

how is rape committed?

A

[1]
By a person who shall have carnal knowledge of another person under ANY of the ff. circumstances [RA 11648]

a. Through force, threat or intimidation; [8353]

b. When the offended party is deprived of reason or otherwise unconscious; [8353]

c. By means of fraudulent machinations or grave abuse of authority; [8353]

d. When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply.

[d]- RA 11648
1. no criminal liability of the person sex w/ the 16 year old
2. age gap not more than 3 years
3. proof of [cnn] consensual, non exploitive, non abusive

[2] (8353) - Rape by Sexual Assault

By any person, *under ANY of the circumstances mentioned in par. 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice of another person OR any instrument or object, into the genital or anal orifice of another person

37
Q

266-B

A

Penalties

38
Q

266-C

A

Effect of Pardon

39
Q

266-D

A

Presumption

40
Q

Classification of Rape

A

Traditional Rape (art 335) - carnal knowledge with a woman against her will. offender ALWAYS a man. victim ALWAYS a woman

Sexual Assault [(RA 8353)]
- offender (fe/male) inserting any instrument/object into the genital or anal orifice of another [this is counted as rape- so yes females can be guilty of rape under 8353]
- offender (male) inserts his penis to the genital or anal orifice of another person [male-male & male-female rape]

41
Q

notes on rape

A

To be CONSUMMATED, it is not essential that there be a complete penetration of the female organ, neither is it essential that there be a rupture of the hymen. (slight penetration or touch of the labia is sufficient)

  • No Frustrated Rape
  • Yes Attempted Rape (short of slight penetration + intention to have carnal knowledge)
42
Q

What is the effect of the reclassification of rape into a crime against persons?

A

[1]
A rape victim CANNOT invoke self-defense when he/she kills the rapist unless there is a threat on his/her life. Unlike before when rape is still a crime against chastity, the victim can invoke self-defense under the same circumstance since honor is equated to life.

[2]
Marriage extinguishes not only the penal action, but likewise the penalty that may be imposed.

In crimes against chastity, such effect benefits not only the principals but also the accomplices and accessories. (Art. 344, Revised Penal Code)

Since rape is now a crime against persons, marriage extinguishes that penal action only as to the principal, i.e. the husband, but not as to the accomplices and accessories.

Further, this principle does not apply where multiple rape is committed, because while marriage with one defendant extinguishes the criminal liability, its benefits cannot be extended to the acts committed by the others of which he is a co-principal

43
Q

What significant change was brought about in the manner of and the offender in the commission of rape?

A

[provision]
- first form has now been changed to any persons
- the 4 situation contemplated has now been 16 years of age and provides an exception

[pardon]
- now that rape is a crime against persons (not chastity), subsequent valid marriage will only pardon the principal offender and not the accomplices nor accessories

44
Q

What are the qualifying circumstances and the corresponding penalties?

A

1) Rape committed under any of the four (4) circumstances
Par. 1 - RECLUSION PERPETUA
Par. 2 - PRISION MAYOR

2) Rape committed with the use of a deadly weapon or by two or more
persons
Par. 1 - RECLUSION PERPETUA TO DEATH
Par. 2 - PRISION MAYOR TO RECLUSION TEMPORAL

3) Rape where victim becomes insane
Par. 1 - RECLUSION PERPETUA TO DEATH
Par. 2 - RECLUSION TEMPORAL

4) Attempted rape and homicide is committed
Par. 1 - RECLUSION PERPETUA TO DEATH
Par. 2 - RECLUSION TEMPORAL TO RECLUSION PERPETUA

5) Rape with homicide
Par. 1 - DEATH
Par. 2 - RECLUSION PERPETUA

6) Rape with aggravating/qualifying circumstances
Par. 1 - DEATH
Par. 2 - RECLUSION TEMPORAL

45
Q

When is rape qualified?

A

Rape, under both acts, is qualified when;

  1. use of deadly weapon OR rape by 2/> persons
  2. when by reason or occasion of rape, victim becomes insane
  3. attempted rape + homicide by reason or on the occasion of rape (SCC)
  4. consummated rape + homicide by reason or on the occasion of rape (SCC)
  5. <18 and offender is [*PASGRca3C]
    - parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the 3rd civil degree, common law spouse of the victim (not married but live exclusively)
  6. victim under custody of [pemp]
    - penal institution, law enforcement, military, police
  7. rape committed in full view of the [spcRca3]
    - spouse, parent, any of the children, relative by consanguinity or affinity within the third civil degree
    8 victim is a religious engaged in legitimate religious vocation or calling AND personally known by the offender before or at the time of the commission
  8. <7
  9. offender knows he is afflicted with HIV/AIDS OR any other STD is transmitted to the victim
  10. committed by [apple.pi] AFP, or para-military units thereof of the PNP or any law enforcement agency or penal institution, when offender took advantage of his position to facilitate the commission.
  11. when by reason or on the occasion of the crime, victim suffered permanent physical mutilation or disability
  12. offender knew of the pregnancy at the time of the commission
  13. offender knew the [mep] mental disability, emotional disorder, or physical disability of the offended party AT the commission of the crime.

note
if homicide was not because of the rape, it cannot be SCC.

46
Q

What relationship would not elevate the crime to qualified rape to warrant the imposition of death penalty?

A

cousins and siblings

47
Q

Aside from the qualifying circumstances which raises the penalty of simple rape to Reclusion perpetual to death, what is required for the mandatory penalty of death to be imposed?

A

2 aggravating circumstances outlined in Art 14 RPC

48
Q

What is necessary for the pardon of the offended party to be effective?

A

[Effects of Pardon]

  1. The subsequent valid marriage between the offender and the offended party shall extinguish:
    a. The criminal action or
    b. The penalty already imposed.
  2. The subsequent forgiveness of the wife to the legal husband shall extinguish the criminal action or the penalty, PROVIDED that the crime shall not be extinguished or the penalty shall not be abated (nullified) if the marriage is void ab initio.

This is an exception to the rule that forgiveness by the offended party shall not extinguish the penal action in crimes against person.

49
Q

How should the terms force and violence be construed?

A

[Degree of force necessary to constitute rape]

The force need not be irresistible. It need not be present and so long as it brings the desired result, all considerations of whether it was more or less irresistible is beside the point. (People vs. Momo, supra; People vs. Jimenez, 93 Phil. 137)

When the accused girl stated that she defended herself against the accused as long as she could, but he overpowered her and held her till her strength gave out, and then accomplished his vicious purpose, there is evidence of sufficient force. (People vs. Momo, 56 Phil. 86)

Held: A verbal refusal alone will not do. There must be physical struggle, taxing her powers to the utmost. Thus, mere initial resistance of the offended party in rape cases is not the manifest and tenacious resistance that the law requires. (People vs. Lago, C.A., 45 O.G. 1356)

50
Q

What is “intimidation” in rape?

A

Intimidation must be viewed in light of the victim’s perception and judgment at the time of rape and not by any hard and fast rule. It (intimidation) is enough that it produces fear — fear that if the victim does not yield to the bestial demands of the accused, something would happen to her at the moment or thereafter, as when she is threatened with death if she reports the incident.

Moral ascendancy or influence, held to substitute for the element of physical force or intimidation

51
Q

In incestuous rape, is the employment of force or intimidation indispensable?

A

?

52
Q

When is rape attempted?

A

short of slight penetration + intent to have carnal knowledge

53
Q

Under what circumstance will rape absorb forcible abduction?

A

Rape may absorb forcible abduction if the main objective was to rape the victim

Criminal Law II (36 decks)

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