FEU INSTITUTE OF LAW

MAKATI CITY

CRIMINAL LAW II – ATTY. J. M. PABITON

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MODULE III –

KILLING PERSONS

Articles 246, 248 – 251 (Parricide, Murder, Homicide); *Be aware of the penalties of
Homicide and Murder and the application of Indeterminate Sentence Law.

Articles 255 – 259 (Infants & Abortion);

Articles 260 – 261 (Duel); Article 253 (Suicide);

Article 254 (Discharge of Firearm);

Article 247 (Death under Exceptional Circumstances)

Article 4, par 2 (Impossible Crimes)

1. Intod v. Court of Appeals, G.R. No. 103119, October 21, 1992, 215 SCRA 53
2. Jacinto v. People, G.R. No. 162540, July 13, 2009,

CAUSING PHYSICAL INJURY

Articles 262 – 266 (Physical Injuries),

Homicide or Murder in the Attempted or Frustrated Stage

3. Giovanni Serrano v. People, G.R. No. 175023, July 5, 2010

Understand the concept of “Intent to Kill” – Take note of the decisions of the RTC
and CA

4. People v. Orlito Villacorta, G.R. No. 186412, September 7, 2011 – murder to slight
physical injuries

5. Mondragon v. People, G.R. No. L-17666, June 30, 1966 (less serious physical
injuries)

6. Alfredo De Guzman v. People, G.R. No. 178512, November 26, 2014 (how judges
should make decisions in criminal cases)

Be aware how physical hurt, death, etcetera, is treated in the context of hazing as prohibited by
Republic Act 8049 (Anti-Hazing Law) know the relevant penalties

CHILD ABUSE
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 7. Sanchez v People, G.R. No. 179090, June 5, 2009 – read carefully the information,
facts as stated by the prosecution and defense. After reading, ask yourself, “Did the
defense, in effect admit that he hit the child VVV?”

8. Bongalon v People, G.R. No. 169533, March 20, 2013

Understand the acts defined under R. A. 7610. Compare Section 3, b, (3) and (4) of R.A.
7610 (Child Abuse) with Articles 275 - 278 (Abandonment)

ARTICLES 282 – 285 (THREATS)

9. Caluag v People, G.R. No. 171511, March 4, 2009

10. Paera v People, G.R. No. 181626, May 30, 2011
11. (Oral Defamation) Reyes v People, G.R. Nos. L-21528 and L-21529, March 28, 1969

*Determine the penalty for threats to kill under the Revised Penal Code and compare the
penalty for threats to kill under R. A. 9262 (Violence Against Women and Children)

ARTICLES 286 – 289 (COERCIONS)

*For these cases, it is expected that you likewise understand the other crimes discussed other
than “coercions”

12. People v. Santos, G.R. No. 140074, Feb 27, 2002;

13. People v. Villamar, G.R. No. 121175, Nov 4, 1998;
14. People v. Astorga, G.R. No. 110097, Dec 22, 1997

ARSON AND MALICIOUS MISCHIEF

Compare P.D. 1613, P.D. 1744, Article 320 – 326-B (Arson) with Article 327–331 (Malicious
Mischief) and Article 365 (Reckless Imprudence)

15. People v. Bueno, G.R. No. L-10849, April 30, 1958

16. Arson Buebos v People, G.R. No. 163938, March 28, 2008
17. People v. Gutierrez, G.R. No. 100699 July 5, 1996
18. Taguinod v. People, G.R. No. 185833, October 12, 2011 (malicious mischief)

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