Title 8: Crimes Against Persons

Question 1

Elements of Parricide

Answer 1

1. A person is killed
2. Deceased is killed by accused
3. The deceased is the (FMC-ADS)
   - legitimate/illegitimate father
   - legitimate/illegitimate mother
   - legitimate/illegitimate child
   - other legitimate ascendant
   - other legitimate descendant or
   - legitimate spouse

Notes:
- Relationship must be in the direct line
- brothers or sisters not included
- marriage cert not needed
- if marriage is void, it depends on when the crime was committed. If subsisting, parricide; if not, homicide or murder
- knowledge of relationship is not an element; hence, killing the son without knowing he is your son is parricide
- If conspirator has no relationship with the victim, conspirator’s liability for parricide is either murder or homicide

Question 2

Parricide vs. Infanticide

Answer 2

Parricide
- victim is at least 3 days old
- can be committed only by relatives
- conspiracy cannot be applied, co conspirator is liable for murder
- concealment of dishonor is not a mitigating circumstance

Infanticide
- victim must be less than 3 days old
- committed by any person whether relative or not
- conspiracy is available
- concealment of dishonor in killing the child is mitigating for mother or maternal grandparents

Question 3

Elements of Death or Physical Injuries under Exceptional Circumstances

Art 247: Death or Physical Injuries under Exceptional Circumstances

Mapa Kiss Noh = MaPaKisNoCo

Answer 3

1. a legally married person or a parent surprises his spouse or daughter, the daughter being under 18 and living with him, in the act of committing sex with another person
   - not necessary that he sees with his own eyes. It is enough that he surprises them while in the carnal act
   - it is enough that the circumstances reasonably show that the carnal act is being committed or has just been committed
   - cannot be a common wife
   - wife is also entitled to the benefits of Article 247
2. That he kills any or both of them, or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter
   - no liability when slight or less serious physical injuries
   - “immediately thereafter” = one continuous act
   - can apply even after the hour as long as the killing is the direct by-product of the accused’s rage
3. He has not promoted or facilitated the
   prostitution of his wife or daughter or that he has not consented to the infidelity of the other spouse

Question 4

Elements of Murder

Art. 248: Murder

Answer 4

1. A person was Killed
2. The accused killed him
3. The killing was attended by any of the qualifying circumstances mentioned in Art. 248
4. Killing is not Parricide or Infanticide

Question 5

Qualifying Circumstances

Art. 248: Murder

TPICECO

Answer 5

TAS-AAWI

1. With Treachery, taking advantage of superior strength. with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity
   - killing of a child is murder qualified by treachery
   - using a mask is to afford impunity; thus, qualified to murder
2. In consideration of a Price, reward, or promise
   - aggravating circumstance also affects also the person who gave it; hence, liable as principal by inducement for murder

IFPESS
3. inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assaul upon a railroad, fall of an airship, by motor vehicles, or with the use of any other means involving great waste and ruin
- If primary intent is to kill and fire was used as a means to do so, murder
- If primary intent is to destroy property through fire and incidentally someone died, it is arson
- If fire was used to cover up the crime, separate crime of homicide and arson

5. On occassion of any of the calamities enumerated in the preceeding paragraph or of an eartquake, eruption of volcano, destructive cyclone, epidemic, or other public calamities
6. With evident premeditation
   - Time when the accused decided to commit the crime
   - Overt Act manifestly indicating he clung to the determination
   - sufficient lapse of time between decision and execution
7. With Cruelty by delibarately and inhumanely augmenting the suffering of the victim, or outraging or scoffing at his person or corpse
   - there is cruelty when other injuries are deliberately inflicted which are not necessary for the killing of the victim. The victim must be alive at this time.
   - Outraging means any physical act to commit deeply insulting acts.
   - Scoffing is a showing of irreverence such as removing the intestines and making it a necklace for the deceased

Question 6

Elements of Homicide

Art. 249: Homicide

Answer 6

1. A person was killed
2. Offender killed him without any justifying circumstance
   - there is accidental homicide or homicide through negligence when the death of a person is brought about by a lawful act without homicidal intent (di ba toh accident na??)
3. The accused had the intent to kill, which is presumed
4. Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide

Question 7

How to determine intent to kill for attempted or frustrated homicide

Art. 249: Homicide

Answer 7

1. Kind of weapon used
2. Parts of the victim’s body at which it was aimed
3. by the wounds inflicted

Question 8

Use of Unlicensed Firearms in Committing Murder or Homicide

Art. 249: Homicide

Answer 8

If unlicesence firearm was not used in the commission of homicide or murder, separate prosecutions for murder or homicide and illegal possession of firearms

If unlicesence firearm was used in the commission of homicide or murder, illegal possession of firearm is taken as an aggravating circumstance

Question 9

Art 250 is Penalty for Frustrated Parricide, Murder or Homicide

Question 10

Elements of Death Caused in a Tumultous Affray

SNAKAP

Art. 251: Death Caused in a Tumultous Affray

Answer 10

1. There be several persons
   - 4 or more person armed or provided with means of violence
2. they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; otherwise, they may be held liable as co-conspirators
   - There is no death in a tumultous affray if the quarrel is between two well known groups or if a group of indentified men physically assaults a common particular victim
   - there must be no unity of purpose between the group
3. That 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
   - person killed need not be one of the participants in the affray
5. it can’t be ascertained who killed the deceased
   - if he is known but only his identity is not known, crime of homicide or murder under a fictitious name
6. the person/persons who inflicted serious physical injuries or used violence can be identified

Question 11

Persons Liable for Death in a tumultous affray

Art. 251: Death Caused in a Tumultous Affray

Answer 11

1. The person or persons who inflicted the serious physical injuries or
2. If it is not known who inflicted serious physical injuries on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability

Question 12

Elements of Physical Injuries Inflicted in a Tumultous Affray

Art 252: Physical Injuries Inflicted in a Tumultous Affray

To spread = TuSPReV

Answer 12

1. That there is a tumultuous affray referred to in Art.251
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only
   - only serious or less serious physical injuries
   - unlike death in a tumultous affray, victim must be a participant
3. Person responsible cannot be identified
4. All those who appear to have used violence upon the person of the offender party are known

Question 13

Summary of Tumultous Affray

Art 252: Physical Injuries Inflicted in a Tumultous Affray

Answer 13

Death

If someone died in a tumultous affray and it can be identified who, homicide or murder

if someone died in a tumultous affray and it cannot be indentified who killed the victim, the person or persons who inflicted serious physical injuries are liable.

if someone died in a tumultous affray and it cannot be indentified who killed the victim or who inflicted serious physical injuries,all the persons who used violence upon the person of the victim are liable, but with lesser liability

Physical Injuries

if it is known who committed serious or less serious physical injuries to a participant in a tumultous affray, then person is liable for serious or less serious physical injuries

If it is not known who committed serious or less serious physical injuries to a participant in a tumultous affray, then all those who appear to have used violence upon the person are liable for physical injuries in a tumultous affray.

Question 14

Punishable Acts of Giving Assistance to Suicide

Answer 14

1. Assisting another to commit suicide, whether suicide is consummated or not
   - furnishing the person the means with which to kill himself
2. Lending assistance to another to commit suicide to the extent of doing the killing himself

Notes:
Euthanasia is MURDER
- Pregnant woman attempting to do suicide but abortion resulted instead is not criminally liable since unintentional abortion is only punishable if violence is committed

Question 15

Elements of Discharge of Firearm

Art. 254: Discharge of Firearm

Answer 15

1. Offender discharges a firearm against another person
   - Offender is still liable even if the gun was not pointed at the offended party when it was fired as long as it was initially aimed by the accused against the offended party
   - there is complex crime of discharge of firearm with physical injuries when the injuries sustained by the offended party are serious or less serious
   - if discharge was done not directed to anyone, still discharge of firearm because alarms and scandals has been repealed by RA 11926
2. Offender had no intention to kill the person

Question 16

Elements of Infanticide

Art 250: Infanticide

Answer 16

1. A child was killed
   - child must be born alive and fully developed that ir can sustain an independent life
2. Deceased child was less than three days old or less than 72 hours of age
3. Accused killed the said child

Question 17

What is the mitigating circumstance for Infancticide?

Art 250: Infanticide

Answer 17

Concealment of dishonor by mother or maternal grandparents

Note:
- mother must be of good reputation

Question 18

Parricide vs. Infanticide

Answer 18

Parricide
- victim is at least 3 days old
- can be committed only by relatives
- conspiracy cannot be applied, co conspirator is liable for murder
- concealment of dishonor is not a mitigating circumstance

Infanticide
- victim must be less than 3 days old
- committed by any person whether relative or not
- conspiracy is available
- concealment of dishonor in killing the child is mitigating for mother or maternal grandparents

Question 19

Ways of Committing Intentional Abortion

Art. 256: Intentional Abortion

Answer 19

1. By using any violence upon the person of the pregnant woman
2. By administering drugs or beverages upon such pregnant woman without her consent
3. By administering drugs or brevages with the consent of the pregnant woman

Question 20

Elements of Intentional Abortion

PVDADI

Art. 256: Intentional Abortion

Answer 20

1. There is a Pregant woman
2. That the violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman
   - there can be a complex crime of murder or physical injuries with intended abortion
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 or after having been expelled therefrom
   - there is frsutrated abortion if despite the employment of sufficient and adequate means to effect abortion, the fetus is viable but unable to sustain life outside the maternal womb.
4. Abortion is intended
   - Accused should know that woman is pregnant

Question 21

Abortion vs. Infanticide

Answer 21

Abortion
- victim is not viable. It remains to be a fetus
- Only the pregnant woman is entitled to mitigation if the purpose is to conceal dishonor

Infanticide
- Victim is less than 3 days old and is capable of living separartely from the mother’s womb
- Both the mother and the maternal grandparents are entiled to the mitigating circumstance of concealing dishonor

Question 22

Elements of Unintentional Abortion

Art. 257: Unintentional Abortion

Answer 22

1. There is a pregnant woman
2. Violence is used upon such pregnant woman without intending an abortion
   - not liable if grave threats only; However, if abortion was intended, it can fall under intentional abortion (“or any other act”)
   - there can be a crime of unintentional abortion through reckless imprudence (kalesa example)
3. Violence is Intentionally exerted
   - violence is the material act; hence, does not matter if offender was aware of the pregnancy
4. As a result of the violence, the fetus dies either in the womb or after having been expelled therefrom
   - there is a complex crime of homicide with unintentional abortion if woman and fetus dies

Question 23

Elements of Abortion by the Woman Herself or by Her Parents

Art. 258: Abortion by the Woman Herself or by Her Parents

AI-CHOPCo

Answer 23

1. There is a Pregnant woman who has suffered abortion
2. Abortion is intended; and
3. Abortion is Caused by:
   - The pregnant woman Herself
   - Any Other person, with her consent
   - Any of her Parents, with her consent for the purpose of concealing her dishonor

Notes:
- Pregnant woman always punished under this article
- If not with her consent, parents are liable for Art. 256 (intentional abortion)
- if not for the purpose of concealing her dishonor, parents are liable for Art. 256 (intentional abortion)

Question 24

Elements of Abortion Practiced by Physicians or Midwife

Art. 259: Abortion Practiced by Physicians and Dispensing of Abortives

Answer 24

1. That there is a pregnant woman who had an abortion
2. Abortion is intended
3. the offender, who must be a physician or midwife, causes, or assists in causing the abortion
4. Said physician or midwife takes Advantage of his scientific knowledge
   - if to save life of mother, then physician is not criminally liable
   - if without medical necessity and woman still consented, physician is liable

Question 25

Elements of Dispensive of Abortives by Pharmacists

Art. 259: Abortion Practiced by Physicians and Dispensing of Abortives

PPAP

Answer 25

1. Offender is a pharmacist
2. There is no proper prescription from a physician
3. Offender dispenses an Abortive
   - material element is that pharmacist dispenses an abortive without a proper prescription; hence, knowledge of purpose is not necessary. However, if there is knowledge, then pharmacist is an accomplice in the crime of intentional abortion.

Question 26

What is a duel?

Art 260: Responsibility of Participants in a Duel

Answer 26

DUEL is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all other conditions of the fight.

Question 27

Punishable Acts under Duel

Art 260: Responsibility of Participants in a Duel

Answer 27

1. Killing one’s adversary in a duel
2. Inflicting injuries to adversaru
3. Making a combat although no physical injuries were afflicted

Question 28

Persons Liable under Duel

Art 260: Responsibility of Participants in a Duel

Answer 28

1. The persons who killed or inflicted physical inuries or both combatants will be liable as principals
2. Seconds will be liable as accomplices
   - Seconds make the selection of the arms and fix the other conditions of the fight

Question 29

Punishable Acts of Challenging to a Duel

Art. 261: Challenging to a Duel

Answer 29

1. Challenging another to a duel
   - not a mere challenge to fight
2. Inciting another to give or accept a challenge to a duel
3. Scoffing or decrying another publicly for having refused to accept a challenge to fight a duel

Question 30

Punishable Acts under Mutilation

Art. 262: Mutilation

Answer 30

1. By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction (CASTRATION)
   - Vasectomy is not included
2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body (MAYHEM)

Notes:
1. There is always intent to mutilate (not intent to kill); hence, cannot be committed with negligence
2. If victim dies, crime if murder because it is qualified by cruelty

Question 31

Elements of the First Act of Mutilation

Art. 262: Mutilation

Answer 31

1. That there be castration, that is, mutilation of organs necessary for generation, such as penis or ovarium
2. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for
   reproduction

Question 32

How is Serious Physical Injuries Committed

Art. 263: Serious Physical Injuries

WOBAI

Answer 32

1. Wounding
2. Beating
3. Assaulting
4. Administering Injurious Substances

Question 33

4 Kinds of Serious Physical Injuries

Art. 263: Serious Physical Injuries

Answer 33

1. When the injured person becomes IIIB insane, imbecile, impotent or blind as a consequence of the physical injuries inflicted
   - Impotence = inability to copulate and sterility
   - Blindness = loss of vision of both eyes
   - if one eye only, under 2nd kind of SPS
2. When the injured person
   - Loses the use of speech, hear (2 ears), smell, or loses one eye, or 1 hand, 1 foot, 1 arm, or 1 leg
   - Loses the use of any such member; or
   - becomes incapacitated (permanent incapacity) for habitual work
3. When the injured:
   - becomes deformed (physical ugliness, permanent and definite abnormality, and conspicuous and visible)
   - loses any other member of his body (not principal member so fingers)
   - loses the use thereof; or
   - becomes ill or incapacitated habitual work for more than 90 days, as a consequence of the physical injuries
4. When the injured person becomes ill (don’t consider illnes, according to Atty.) or incapcitated for labor for more than 30 days but not more than 90 days

Note:
- there must be evidence of length of illness or incapacity for labor; if none, slight physical injuries

Question 34

Qualifying Circumstances of Serious Physical Injuries

Answer 34

1. If it is committed by any of the persons referred to in the crime of parricide (legitimate/illegitimate father, legitimate/illegitimate mother, legitimate/illegitimate child, legitimate ascendant, legitimate descendant, legitimate spouse)
   - not applicable when for punishment for bad behavior
2. If any of the circumstances quialifying murder attended its commission

Question 35

Elements of Administering Injurious Substance or Beverages

Art. 264: Administering Injurious Substance or Beverages

SKAN

Answer 35

1. Offender inflicted any serious physical injury
2. It was done by knowingly administering to him any injurious substances or beverages or by taking Advantage of his weakness of mind (witchcraft or gayuma) or credulity (gullible)
3. That he had no intent to kill
   - if with intent to kill, frustrated murder as qualified by poison

Question 36

Elements of Less Serious Physical Injuries

Art. 265: Less Serious Physical Injuries

Answer 36

1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days, or (and, according to Atty) needs medical attendance for the same period (10 days ≤ x ≤ 30 days)
   - If no proof for either, the offense is only slight physical injuries
   - If medical assistance was only 2 days but offender cannot attend ordinary labor for 29 days, crime is less serious physical injuries
2. Physical injuries must not be those described in the preceeding articles

Question 37

Qualifying Circumstances of Less Serious Physical Injuries

Art. 265: Less Serious Physical Injuries

II-PAGCuTA

Answer 37

1. When there is 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 parent, ascendant, guardian, curator, or teacher; or
4. When the victim is a person of rank or authority, provided that the crime is not direct assault

Question 38

Kinds of Slight Physical Injuries

Art. 266: Slight Physical Injuries

Answer 38

1. Physical Injuries which Incapacitated the offended party for labor or required medical attendance for from 1 to 9 days 1<=x<=9.999
2. Physical Injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance
3. Ill-treatment of another by deed without causing any injury
   - slapping without intention to cause dishonor

Question 39

Presumptions in Slight Physical Injuries

Art. 266: Slight Physical Injuries

Answer 39

1. In the abscense of proof as to the period of the offended party’s incapacity for labor or required medical attendance, the crime is slight physical injuries.
2. When there is no evidence to establish the gravity or duration of actual injury or to show the causal relationship to death, the offense is slight physical injuries.