Professional Documents
Culture Documents
Art 266-D
Art 266-D
Art 266-D
1) A person is
246
killed
2) Deceased is
not parricide,
but murder or
killed by the
accused
3) Deceased is
homicide.
Infanticide if
victim is less
the father,
than 3 days
mother, or
child,
Adopted child
old
Killed a 5-
whether
months
legitimate or
pregnant
illegitimate,
woman =
or a
Parricide
legitimate
with
other
Unintentional
ascendant or
Abortion
Parricide can
other
descendant,
be committed
or legitimate
through
spouse, of the
reckless
-
imprudence.
NOT brother
or sister
Whether or
accused.
Requisites:
- crime of passion
247
1) Legally married
Any
person or a parent
women to women
have lapsed
committing sexual
intercourse with
People vs Gonzales
another person.
-merely sleeping
legally
married
person
who
case
or both of them or
inflicts upon them
immediately
thereafter
3) He has not
promoted or
facilitated the
prostitution of his
wife or daughter, or
consented to the
ART.
248
instances when a
victim
man descends to a
attendant circumstances:
3) killing was
attended by any of
the qualifying
non-instinctive
circumstances
killing, a deliberate
mentioned in Article
destruction of a
248
4) killing is not
or promise.
parricide or
infanticide
poison,
explosion,
shipwreck,
assault
Murder qualified by
upon
street
car
or
treachery or abuse of
superior strength.
- to qualify murder by
means of inundation,
enumerated
fire, poison,
paragraph,
in
or
of
the
an
preceding
earthquake,
explosion, shipwreck,
calamity.
victim in employing
- Evident
premeditation
1) the time when the
offender determined
to commit the crime
2) act manifestly
indicating that the
offender clung to his
or her determination
3) a lapse of time
between the
determination and
the execution
sufficient to allow the
offender to reflect
upon the
consequences of his
act.
Essence of evident
premeditation is that
the execution of the
criminal act is
preceded by cool
thought and
reflections upon the
resolution to carry
out the criminal
intent during the
space of time
sufficient to arrive at
a calm judgment.
- 2 hours had elapsed
Cruelty if already
249
ART.
Penalty
for
frustrated
parricide,
250
the
penalty
which
under
251
each
other
reciprocally,
physical
injuries
can
be
identified,
If
it
cannot
be
determined
who
in
its
medium
and
Physical
injuries
inflicted
in
article,
only
serious
thereof
cannot
be
253
the
penalty
of
reclusion
254
ART.
255
in
Article
248
shall
be
256
who
shall
intentionally
cause
an
257
ART.
258
259
physician
or
midwife
who,
Responsibility of participants in a
260
penalty
provided
therefor,
261
ART.
262
intentionally
depriving
mutilate
him,
either
another
by
totally
or
Serious physical
injuries. Any
263
in
consequence
of
the
provisions
of
the
preceding
who
shall
inflict
physical
chastisement.
ART.
264
to
kill,
shall
inflict
upon
by
taking
advantage
of
his
265
less
serious
physical
injured
person,
or
under
guardians,
curators,
in
authority,
shall
be
Slight
physical
injuries
and
266
injuries
which
shall
266-A
Rape is committed:
"1) By a man who shall have carnal
knowledge of a woman under any of
the following circumstances:
"a)
Through
force,
threat,
or
intimidation;
"b)
When
deprived
the
of
offended
reason
or
party
is
otherwise
unconscious;
"c)
By
means
machination
or
of
grave
fraudulent
abuse
of
authority; and
"d) When the offended party is under
twelve
(12)
years
of
age
or
is
circumstances
mentioned
in
266-B
ascendant,
step-parent,
in
legitimate
religious
or
at
the
time
of
the
Virus
(HIV)/Acquired
agency
or
penal
permanent
physical
mutilation
or
disability;
"9) When the offender knew of the
pregnancy of the offended party at the
time of the commission of the crime;
and
"10) When the offender knew of the
mental disability, emotional disorder
and/or
physical
handicap
of
the
the
ten
aggravating/
circumstances
qualifying
mentioned
in
this
article.
ART.
266-C
offender,
the
subsequent
266-D
the
prosecution
of
the
acts