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8th Week (Criminal Law)
a. What is Article 246?
Art. 246. Parricide. — Any person who shall kill
his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty
of reclusion perpetua to death.
b. What are the elements of parricide?
“Parricide is committed when:
(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
accused.” People v. Sales October 3, 2011 G.R.
No. 177218
b.1. Discuss People v. Ignacio, G.R. No.
107801, 26 March 1997.
b.2. Discuss People v. Sales, G.R. No.
177218, 03 October 2011.
c. What is Article 247?
Art. 247. Death or physical injuries inflicted
under exceptional circumstances. — Any legally
married person who having surprised his spouse
in the act of committing sexual intercourse with
another person, shall kill any of them or both of
them in the act or immediately thereafter, or
shall inflict upon them any serious physical
injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of
any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under eighteen years of age, and
their seducer, while the daughters are living
with their parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of
the other spouse shall not be entitled to the
benefits of this article.
d. What are the elements of death or physical
injuries inflicted under exceptional
circumstances?
Requisites:
1. A legally married person or parent
surprises his spouse or daughter (the
latter must be under 18 and living with
them) in the act of committing sexual
intercourse with another person
2. He/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 has not consented to the
infidelity of the other spouse.
Notes:
1. Article does not define or penalize a
felony
2. Not necessary that the parent be
legitimate
3. Article applies only when the daughter
is single
4. Surprise: means to come upon suddenly
or unexpectedly
5. Art 247 is applicable when the accused
did not see his spouse in the act sexual
intercourse with another person.
However, it is enough that
circumstances reasonably show that the
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carnal act is being committed or has
been committed
6. Sexual intercourse does not include
preparatory acts
7. Immediately thereafter: means that the
discovery, escape, pursuit and the
killing must all form parts of one
continuous act
8. The killing must be the direct by-
product of the rage of the accused
9. No criminal liability is incurred when
less serious or slight physical injuries
are inflicted. Moreover, in case third
persons caught in the crossfire suffer
physical injuries, the accused is not
liable. The principle that one is liable for
the consequences of his felonious act is
not applicable because he is not
committing a felony
d.1. Discuss People v. Abarca, G.R. No.
74433, 04 September 1987
d.2. Discuss People v. Oyanib, G.R. No.
130634-35, 12 March 2001.
e. What is Article 248?
Art. 248. Murder. — Any person who, not
falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall
be punished by reclusion temporal in its
maximum period to death, if committed with
any of the following attendant circumstances:
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.
2. In consideration of a price, reward, or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other
means involving great waste and ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
f. What are the elements of murder?
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of
the following qualifying circumstances
1. with treachery, taking
advantage of superior strength,
with the aid or armed men, or
employing means to weaken
the defense or of means or
persons to insure or afford
impunity
2. in consideration of price,
reward or promise
3. by means of inundation, fire,
poison, explosion, shipwreck,
stranding of vessel, derailment
or assault upon a street car or
locomotive, fall of airship, by
means of motor vehicles or with
the use of any other means
involving great waste or ruin
4. on occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
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earthquake, eruption of a
volcano, destructive cyclone,
epidemic or any other public
calamity
5. with evident premeditation
6. with cruelty, by deliberately
and inhumanely augmenting
the suffering of the victim or
outraging or scoffing at his
person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to
consummate the offense. Otherwise, it
would be attempted or frustrated
murder
2. Murder will exist with only one of the
circumstances. The other circumstances
are absorbed or included in one
qualifying circumstance. They cannot be
considered as generic aggravating
circumstances
3. Any of the qualifying circumstances
must be alleged in the information.
Otherwise, they will only be considered
as generic aggravating circumstances
4. Treachery and premeditation are
inherent in murder with the use of
poison.
f.1. Discuss People v. Mapalo, G.R. No.
172608, 06 February 2007.
g. What is Article 249?
Art. 249. Homicide. — Any person who, not
falling within the provisions of Article 246, shall
kill another without the attendance of any of
the circumstances enumerated in the next
preceding article, shall be deemed guilty of
homicide and be punished by reclusion
temporal.
h. What are the elements of homicide?
1. That a person was killed.
2. That the accused killed him without any
justifying circumstances.
3. That the accused had the intention to
kill, which is presumed.
4. That the killing was not attended by any
of the qualifying circumstances of
murder, or by that of parricide or
infanticide.
Notes:
1. Intent to kill is conclusively presumed
when death resulted. Hence, evidence
of intent to kill is required only in
attempted or frustrated homicide
2. There is no crime of frustrated homicide
through negligence
3. When the wounds that caused death
were inflicted by 2 different persons,
even if they were not in conspiracy,
each one of them is guilty of homicide
4. In all crimes against persons in which
the death of the victim is an element,
there must be satisfactory evidence of
(1) the fact of death and (2) the identity
of the victim
h.1. Discuss Abella v. People, G.R. No.
198400, 07 October 2013.
i. What is a tumultuous affray?
A tumultuous affray takes place when a quarrel
occurs between several persons who engage in
a confused and tumultuous manner, in the
course of which a person is killed or wounded
and the author thereof cannot be
ascertained. The quarrel in the instant case is
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between a distinct group of individuals, one of
whom was sufficiently identified as the principal
author of the killing, as against a common,
particular victim. It is not, as the defense
suggests, a "tumultuous affray" within the
meaning of Art. 251 of The Revised Penal Code,
that is, a melee or free-for-all, where several
persons not comprising definite or identifiable
groups attack one another in a confused and
disorganized manner, resulting in the death or
injury of one or some of them.
j. What are the elements of death caused in a
tumultuous affray?
1. That there be several persons.
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally.
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.
5. That it cannot be ascertained who
actually killed the deceased.
6. That the person or persons who
inflicted serious physical injuries or who
used violence can be identified.
Notes:
1. Tumultuous affray exists hen at least 4
persons take part in it
2. When there are 2 identified groups of
men who assaulted each other, there is
no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious
physical injuries
2. if it is not known who inflicted
serious physical injuries on the
deceased, all persons who used
violence upon the person of the
victim.
j.1. Discuss People v. Wacoy, G.R. No.
213792, 22 June 2015.
k. What are elements of physical injuries
inflicted in a tumultuous affray?
1. that there is a tumultuous affray as
referred to in the preceding article.
2. That a participant or some participants
thereof suffer serious physical injuries
or physical injuries of a less serious
nature only.
1. that the person responsible therefor
cannot be identified.
2. That all those who appear to have used
violence upon the person of the
offended party are known.
l. How is the crime of giving assistance to
suicide committed?
 Acts punishable:
1. Assisting another to commit suicide,
whether the suicide is consummated or
not
2. Lending his assistance to another to
commit suicide to the extent of doing
the killing himself.
 Notes:
1. A person who attempts to commit
suicide is not criminally liable
2. A pregnant woman who tried to commit
suicide by means of poison but instead
of dying, the fetus in her womb was
expelled, is not liable for abortion
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3. Assistance to suicide is different from
mercy-killing. Euthanasia/mk is the
practice of painlessly putting to death a
person suffering from some incurable
disease. In this case, the person does
not want to die. A doctor who resorts to
euthanasia may be held liable for
murder
4. Penalty is mitigated if suicide is not
successful.
m. What is Article 254?
Art. 254. Discharge of firearms. — Any person
who shall shoot at another with any firearm
shall suffer the penalty of prision correccional in
its minimum and medium periods, unless the
facts of the case are such that the act can be
held to constitute frustrated or attempted
parricide, murder, homicide or any other crime
for which a higher penalty is prescribed by any
of the articles of this Code.
n. What are the elements of discharge of
firearm?
1. that the offender discharges a firearm
against or at another person.
2. That the offender has no intention to
kill that person.
 Notes:
1. The offender must shoot at another
with any firearm without intention of
killing him. If the firearm is not
discharged at a person, the act is not
punished under this article
2. A discharge towards the house of the
victim is not discharge of firearm. On
the other hand, firing a gun against the
house of the offended party at random,
not knowing in what part of the house
the people were, it is only alarm under
art 155.
3. Usually, the purpose of the offender is
only to intimidate or frighten the
offended party
4. Intent to kill is negated by the fact that
the distance between the victim and
the offender is 200 yards
5. A person can be held liable for
discharge even if the gun was not
pointed at the offended party when it
fired for as long as it was initially aimed
at or against the offended party.
o. What is Article 255?
Art. 255. Infanticide. — The penalty provided
for parricide in Article 246 and for murder in
Article 248 shall be imposed upon any person
who shall kill any child less than three days of
age.
If the crime penalized in this article be
committed by the mother of the child for the
purpose of concealing her dishonor, she shall
suffer the penalty of prision correccional in its
medium and maximum periods, and if said
crime be committed for the same purpose by
the maternal grandparents or either of them,
the penalty shall be prision mayor.
p. What are the elements of infanticide?
1. That a child was killed.
2. That the deceased child was less than
three days (72 hours) of age.
3. That the accused killed the said child.
q. What is Article 256?
Art. 256. Intentional abortion. — Any person
who shall intentionally cause an abortion shall
suffer:
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1. The penalty of reclusion temporal, if he shall
use any violence upon the person of the
pregnant woman.
2. The penalty of prision mayor if, without using
violence, he shall act without the consent of the
woman.
3. The penalty of prision correccional in its
medium and maximum periods, if the woman
shall have consented.
r. What are the elements of intentional
abortion?
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman.
3. That 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.
4. That the abortion is intended.
s. What is Article 257?
Art. 257. Unintentional abortion. — The
penalty of prision correccional in its minimum
and medium period shall be imposed upon any
person who shall cause an abortion by violence,
but unintentionally.
t. What are the elements of unintentional
abortion?
1. That there is a pregnant woman.
2. That violence is used upon such
pregnant woman without intending an
abortion.
3. That the violence is intentionally
exerted.
4. That as a result of the violence that
fetus dies, either in the womb or after
having been expelled therefrom.
Notes:
1. Unintentional abortion can also be
committed through negligence
1. The accused can only be held
liable if he knew that the
woman was pregnant
2. If there is no intention to cause
abortion and neither was
violence exerted, arts 256 and
257 does not apply.
u. What is Article 258?
Art. 258. Abortion practiced by the woman
herself of by her parents. — The penalty of
prision correccional in its medium and
maximum periods shall be imposed upon a
woman who shall practice abortion upon
herself or shall consent that any other person
should do so.
Any woman who shall commit this offense to
conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and medium
periods.
If this crime be committed by the parents of the
pregnant woman or either of them, and they
act with the consent of said woman for the
purpose of concealing her dishonor, the
offenders shall suffer the penalty of prision
correccional in its medium and maximum
periods.
v. What are the elements of abortion practiced
by the woman herself or by her parents?
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1. That there is a pregnant woman who x. What are the elements of abortion practiced
has suffered an abortion. by a physician or midwife?

2. That the abortion is intended. 1. That there is a pregnant woman who

has suffered an abortion.
3. That the abortion is caused by –
2. That the abortion is intended.
1. the pregnant woman herself
3. That the offender, who must be a
2. any other person, with her
physician or midwife, causes or assists
consent, or
in causing the abortion.
3. any of her parents, with her
4. That said physician or midwife takes
consent for the purpose of
advantage of his or her scientific
concealing her dishonor.
knowledge or skill.
Notes:
Notes:
1. Liability of the pregnant woman is
1. It is not necessary that the pharmacist
mitigated if the purpose is to conceal
knew that the abortive would be used
her dishonor. However, there is no
to cause abortion. What is punished is
litigation for the parents of the
the act of dispensing an abortive
pregnant women even if their purpose
without the proper prescription. It is
is to conceal their daughter’s dishonor
not necessary that the abortive be
2. In infanticide, parents can avail of the actually used
mitigating circumstance of concealing
2. If the pharmacist knew that the
the dishonor of their daughter. This is
abortive would be used to cause
not so for art 258
abortion and abortion results, he is
liable as an accomplice

w. What is Article 259?

Art. 259. Abortion practiced by a physician or y. What is a duel?

midwife and dispensing of abortives. — The
Duel: a formal or regular combat
penalties provided in Article 256 shall be
previously concerted between 2 parties
imposed in its maximum period, respectively,
in the presence of 2 or more seconds of
upon any physician or midwife who, taking
lawful age on each side, who make the
advantage of their scientific knowledge or skill,
selection of arms and fix all the other
shall cause an abortion or assist in causing the
conditions of the fight
same.
z. Who are liable in a duel?
Any pharmacist who, without the proper
prescription from a physician, shall dispense any 1. Principals – person who killed or
abortive shall suffer arresto mayor and a fine inflicted physical injuries upon his
not exceeding 1,000 pesos. adversary, or both combatants in any
other cases

2. Accomplices – as seconds

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aa. Who is a second?
Those persons who assist, direct, and support
others eugaged in fighting a duel.
bb. What is challenging to a duel?
1. Challenging another to a duel
2. Inciting another to give or accept a
challenge to a duel
3. Scoffing at or decrying another publicly
for having refused to accept a challenge
to fight a duel
cc. What is Article 262?
Art. 262. Mutilation. — The penalty of reclusion
temporal to reclusion perpetua shall be
imposed upon any person who shall
intentionally mutilate another by depriving him,
either totally or partially, or some essential
organ of reproduction.
Any other intentional mutilation shall be
punished by prision mayor in its medium and
maximum periods.
dd. What are the elements of mutilation?
1. There be a castration i.e. mutilation of
organs necessary for generation
2. Mutilation is caused purposely and
deliberately
Notes:
1. In the first kind of mutilation, the
castration must be made purposely.
Otherwise, it will be considered as
mutilation of the second kind
2. Mayhem: refers to any other intentional
mutilation
dd.1. Discuss Aguirre v. Secretary of
Justice, G.R. No. 170723, 03 March 2008.
ee. When is physical injuries considered
serious physical injuries?
1. Injured person becomes insane,
imbecile, impotent or blind
2. Injured person –
1. loses the use of speech or the
power to hear or to smell, loses
an eye, a hand, foot, arm or leg
2. loses the use of any such
member
3. becomes incapacitated for the
work in which he had been
habitually engaged
3. Injured person –
1. becomes deformed
2. loses any other member of his
body
3. loses the use thereof
4. becomes ill or incapacitated for
the performance of the work in
which he had been habitually
engaged in for more than 90
days
1. Injured person becomes
ill or incapacitated for
labor for more than 30
days (but not more
than 90 days)
Notes:
1. Serious physical injuries may be
committed through reckless
imprudence or simple imprudence
2. There must be no intent to kill
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3. Impotent should include inability to
copulate and sterility
4. Blindness requires lost of vision in both
eyes. Mere weakness in vision is not
contemplated
5. Loss of power to hear must involve both
ears. Otherwise, it will be considered as
serious physical injuries under par 3
6. Loss of use of hand or incapacity of
usual work in par 2 must be permanent
7. Par 2 refers to principal members of the
body. Par 3 on the other hand, covers
any other member which is not a
principal part of the body. In this
respect, a front tooth is considered as a
member of the body, other than a
principal member
8. Deformity: means physical ugliness,
permanent and definite abnormality.
Not curable by natural means or by
nature. It must be conspicuous and
visible. Thus, if the scar is usually
covered by a dress, it would not be
conspicuous and visible
9. The loss of 3 incisors is a visible
deformity. Loss of one incisor is not.
However, loss of one tooth which
impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury
which cannot be impaired by the action of the
nature
11. Loss of both outer ears constitutes
deformity and also loss of the power to hear.
Meanwhile, loss of the lobule of the ear is only
a deformity
12. Loss of the index and middle fingers is either
a deformity or loss of a member, not a principal
one of his body or use of the same
13. Loss of the power to hear in the right ear is
considered as merely loss of use of some other
part of the body
14. If the injury would require medical
attendance for more than 30 days, the illness of
the offended party may be considered as lasting
more than 30 days. The fact that there was
medical attendance for that period of time
shows that the injuries were not cured for that
length of time
15. Under par 4, all that is required is illness or
incapacity, not medical attendance
16. In determining incapacity, the injured party
must have an avocation at the time of the
injury. Work: includes studies or preparation for
a profession
17. When the category of the offense of serious
physical injuries depends on the period of the
illness or incapacity for labor, there must be
evidence of the length of that period.
Otherwise, the offense will only be
considered as slight physical injuries
18. There is no incapacity if the injured party
could still engage in his work although less
effectively than before
19. Serious physical injuries is qualified when
the crime is committed against the same
persons enumerated in the article on parricide
or when it is attended by any of the
circumstances defining the crime of murder.
However, serious physical injuries resulting
from excessive chastisement by parents is not
qualified serious physical injuries
ff. What is considered as a deformity?
Deformity is a condition of physical ugliness. It
must be a permanent and conspicuous. The loss
of the front teeth, the development of a
pigmented scar on the face, or the loss of the
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pinna of the ear is considered deformities.
However, the development of a scar in covered
parts of the body may not be considered
deformity because it is not a conspicuous and
visible.
gg. What is Article 264?
Art. 264. Administering injurious substances or
beverages. — The penalties established by the
next preceding article shall be applicable in the
respective case to any person who, without
intent to kill, shall inflict upon another any
serious, physical injury, by knowingly
administering to him any injurious substance or
beverages or by taking advantage of his
weakness of mind or credulity.
hh. When is physical injuries considered less
serious physical injuries?
1. That the 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. That the physical injuries must not be
those described in the preceding
articles
Notes:
Circumstances qualifying the offense:
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 either the
offender’s parents, ascendants,
guardians, curators or teachers
4. when the victim is a person of
rank or person in authority,
provided the crime is not direct
assault
5. It falls under this article even if
there was no incapacity but the
medical treatment was for 13
days
ii. When is physical injuries considered slight
physical injuries?
1. That which incapacitated the offended
party for labor from 1-9 days or
required medical attendance during the
same period
2. That which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed
without causing any injury (ex. slapping
but without causing dishonor)
jj. What is maltreatment?
to treat or handle badly, cruelly, or roughly;
abuse: to maltreat a prisoner.
Art. 235. Maltreatment of prisoners. — The
penalty of arresto mayor in its medium period
to prision correccional in its minimum period, in
addition to his liability for the physical injuries
or damage caused, shall be imposed upon any
public officer or employee who shall overdo
himself in the correction or handling of a
prisoner or detention prisoner under his charge,
by the imposition of punishment not authorized
by the regulations, or by inflicting such
punishment in a cruel and humiliating manner.
If the purpose of the maltreatment is to extort a
confession, or to obtain some information from
the prisoner, the offender shall be punished by
prision correccional in its minimum period,
temporary special disqualification and a fine not
exceeding 500 pesos, in addition to his liability
for the physical injuries or damage caused.
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