TITLE VIII Flashcards
Article 246. Parricide
Elements
1. A person is killed;
2. The deceased is killed by the accused;
3. 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.
The relationship between the offender and the
offended party must be legitimate
The relationship between the offender and the
offended party must be legitimate, except when the
offender and the offended party are related as
parent and child.
If the offender and the offended party, although
related by blood and in the direct line, are separated
by an intervening illegitimate relationship, is it still considered as parocide?
parricide
can no longer be committed. The illegitimate
relationship between the child and the parent
renders all relatives after the child in the direct line
to be illegitimate too.
The only illegitimate relationship that can bring
about parricide is that between parents and
illegitimate children as the offender and the offended
parties.
Article 247. Death or Physical Injuries Inflicted
under Exceptional Circumstances
Elements
1. 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. 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. 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.
People v. Abarca
ito yung naghanap sya ng firearm “As long as the act is continuous, the article still
applies.”
- when he gave up the
search, it is a circumstance showing that his anger
had already died down.
re: art 247 “living with them”
The phrase “living with them” is understood to be in
their own dwelling, because of the
embarrassment and humiliation done not
only to the parent but also to the parental
abode.
If it was done in a motel, the article does not apply.
ARTICLE 248. MURDER
Elements
1. A person was killed;
2. Accused killed him;
3. The killing was attended by any of the
following qualifying circumstances –
a. With treachery, taking advantage of
superior strength, with the aid or
armed men, or employing means to
waken the defense, or of means or
persons to insure or afford impunity;
b. In consideration of a price, reward
or promise;
c. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means
of motor vehicles, or with the use of
any other means involving great
waste and ruin;
d. On occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic, or any other
public calamity;
e. With evident premeditation;
f. With cruelty, by deliberately and
inhumanly augmenting the suffering
of the victim, or outraging or scoffing
at his person or corpse.
- The killing is not parricide or infanticide.
Article 249. Homicide
Elements
1. A person was killed;
2. Offender killed him without any justifying
circumstances;
3. Offender had the intention to kill, which is
presumed;
4. The killing was not attended by any of the
qualifying circumstances of murder, or by
that of parricide or infanticide.
What happens if the person died from the physical injuries inflicted
In physical injuries, there is none. However, if as a
result of the physical injuries inflicted, the victim
died, the crime will be homicide because the law
punishes the result, and not the intent of the act.
Article 251. Death Caused in A Tumultuous
Affray
Elements
1. There are several persons;
- They do not compose groups organized for
the common purpose of assaulting and
attacking each other reciprocally; - These several persons quarreled and
assaulted one another in a confused and
tumultuous manner; - Someone was killed in the course of the
affray; - It can not be ascertained who actually killed
the deceased; - The person or persons who inflicted serious
physical injuries or who used violence can
be identified.
Article 253. Giving Assistance to Suicide
Acts punished
- Assisting another to commit suicide, whether
the suicide is consummated or not; - Lending his assistance to another to commit
suicide to the extent of doing the killng himself
Article 255. Infanticide
Elements
1. A child was killed by the accused;
2. The deceased child was less than 72 hours
old.
LESS THAN 3 DAYS OLD
Article 256. Intentional Abortion
ACTS PUNISHED
Acts punished
1. Using any violence upon the person of the
pregnant woman;
2. Acting, but without using violence, without
the consent of the woman. (By
administering drugs or beverages upon such
pregnant woman without her consent.)
3. Acting (by administering drugs or
beverages), with the consent of the pregnant
woman.
Article 256. Intentional Abortion
elements
Elements
1. There is a pregnant woman;
- Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman; - 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; - The abortion is intended.
But even though the umbilical cord has been cut,
Article 41 of the Civil Code provides that if the fetus
had an intra-uterine life of less than seven months, it
must survive at least 24 hours after the umbilical
cord is cut for it to be considered born.
A pregnant woman decided to
commit suicide. She jumped out of a window of a
building but she landed on a passerby. She did not
die but an abortion followed. Is she liable for
unintentional abortion?
No. What is contemplated in unintentional
abortion is that the force or violence must come from
another. If it was the woman doing the violence
upon herself, it must be to bring about an abortion,
and therefore, the crime will be intentional abortion.
In this case, where the woman tried to commit
suicide, the act of trying to commit suicide is not a
felony under the Revised Penal Code. The one
penalized in suicide is the one giving assistance and
not the person trying to commit suicide
Article 257. Unintentional Abortion
Article 257. Unintentional Abortion
1. There is a pregnant woman;
- Violence is used upon such pregnant
woman without intending an abortion; - The violence is intentionally exerted;
- As a result of the violence, the fetus dies,
either in the womb or after having been
expelled therefrom.
Article 262. Mutilation
Acts punished
- Intentionally mutilating another by depriving
him, either totally or partially, of some
essential organ for reproduction;
Elements
- There be a castration, that is,
mutilation of organs necessary for
generation, such as the penis or
ovarium; - The mutilation is caused purposely
and deliberately, that is, to deprive
the offended party of some essential
organ for
reproduction
another acts punished
2. 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 his body.
If the pregnant woman was killed by violence by her
husband, what is the crime?
the crime committed is the complex crime
of parricide with unlawful abortion.
Article 258. Abortion Practiced by the Woman
Herself or by Her Parents
Elements
1. There is a pregnant woman who has
suffered an abortion;
- The abortion is intended;
- Abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her consent;
or
c. Any of her parents, with her consent
for the purpose of concealing her
dishonor.
Article 263. Serious Physical Injuries; How is it committed?
How committed
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious physical injuries
- When the injured person becomes insane,
imbecile, impotent or blind in consequence
of the physical injuries inflicted; - When the injured person –
a. Loses the use of speech or the
power to hear or to smell, or loses
an eye, a hand, afoot, an arm, or a
leg;
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;
- 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;
- When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90 days) as a result of the physical injuries inflicted.
Is there an attempted or frustrated in physical injuries?
None, The reason why there is no attempted or frustrated
physical injuries is because the crime of physical
injuries is determined on the gravity of the injury. As
long as the injury is not there, there can be no
attempted or frustrated stage thereof.
Less Serious vs. Serious Physical Injuries:
Key factor: Incapacity to work, not medical treatment duration.
If unable to work for less than 30 days, it remains less serious even if treatment lasts longer.
If unable to work for 30 days or more, it qualifies as serious physical injuries.
Classification of Physical Injuries in terms of healing
Slight vs. Less Serious Physical Injuries:
Slight: Heals within 1 to 9 days.
Less Serious: Heals within 10 to 20 days or requires medical treatment beyond 9 days.
If the injury heals within 9 days but medical treatment or incapacity to work lasts beyond 9 days, it becomes less serious.
