ANGELES UNIVERSITY FOUNDATION

Angeles City
School of Law

CRIMINAL LAW II
2nd Semester, SY 2020
Section: Law 1-B

Exercise (8)

TRUE OR FALSE

This part of the course will focus on Articles 246-266, Revised Penal Code (RPC),
crimes involving violence against women and children (RA No. 9262), child abuse (RA No.
7610), hazing (RA No. 8049), other related laws; case doctrines, and basic questions involved
therein.

Print out this exercise using long bond paper. For each said Article, Act, case summary
and doctrine, determine if the same was stated completely or accurately. If complete and
accurate, write in your personal handwriting beside the Article, law, answer, summary or
doctrine the word “true” and if not, state the word “false,” without explaining.

The student may submit his or her answers as they have written in this exercise on or
before the mid-term examination in this course. Those who have chosen to submit said answers
will be given extra and full points in this course depending on the correctness of their answers.
Those who have opted not to submit said answers will be graded solely on the correctness of
their answers in the class recitation and mid-term examination.

CRIMES AGAINST PERSONS

Parricide (246)
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That 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.

DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL

CIRCUMSTANCES (247)

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.

MURDER (248)

1. That a person was killed.

2. That the accused killed him.

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 3. That the killing was attended by any of the following qualifying circumstances
- 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
- in consideration of price, reward or promise
- 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
- 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
- with evident premeditation
- 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.

HOMICIDE: (249)

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.

 DEATH IN A TUMULTOUS AFFRAY: (251)

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.

PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)

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.
3. that the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the person of the offended party are
known.

GIVING ASSISTANCE TO SUICIDE: (253)

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.

DISCHARGE OF FIREARMS: (254)

1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.

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INFANTICIDE: (255)
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.

INTENTIONAL ABORTION: (256)

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.

UNINTENTIONAL ABORTION: (257)

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.

ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258)

1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
 the pregnant woman herself
 any other person, with her consent, or
 any of her parents, with her consent for the purpose of concealing her
dishonor.
 ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assists in causing the
abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or
skill.

RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)

Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted

CHALLENGING TO A DUEL: (261)

Acts punishable:
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

MUTILATION (262)
Kinds of Mutilation

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 1. Intentionally mutilating another by depriving him, totally or partially, of some essential
organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, 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

Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately

SERIOUS PHYSICAL INJURIES: (263)

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)

ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)

1. That the offender inflicted upon another person any serious physical injury
2. That it was done knowingly administering to him any injurious substances or
beverages or by taking advantage of his weakness of mind of credulity
3. He had no intent to kill

LESS SERIOUS PHYSICAL INJURIES: (265)

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

SLIGHT PHYSICAL INJURIES: (266)

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)

RAPE (266-A)
By a man who have carnal knowledge of a woman under any of the following circumstances:
- through force, threat or intimidation
- when the offended party is deprived of reason or otherwise unconscious
- by means of fraudulent machination or grave abuse of authority
- when the offended party is under 12 years of age or is demented, even though none of the
circumstances mentioned above be present

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 By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit
an act of sexual assault by inserting
- his penis into another person’s mouth or anal orifice, or
- any instrument or object, into the genital or anal orifice of another person

The student must summarize the doctrines discussed in the following:

1. Parricide
Cases:
People v. Jumawan, 116 SCRA 739

In parricide, it is indispensable to allege in the information the relationship of the accused with
the offended party. Otherwise, the accused cannot be convicted of the crime of parricide.

People v. Tomotorgo, 136 SCRA 238

 The fact that the appellant intended to maltreat the victim only or inflict physical imjuries does
not exempt him from liability for the resulting and more serious crime committed.

Even if appellant only intended to inflict physical injuries upon his wife, the fact still remains
that his wife died for which appellant shall be criminally liable for murder. Lack of intent to
commit a grave wrong is at best only mitigating.

2. Death or physical injuries inflicted under exceptional circumstances

Case:

People v. Abarca, 153 SCRA 735

Inflicting death under exceptional circumstances, not being a punishable act, cannot be qualified
by either aggravating or mitigating or other qualifying circumstances.

3. Murder and homicide

Cases:
People v. Buensuceso, 132 SCRA 143

Abuse of superior strength and craft may not be taken into account separately either as a
qualifying or as an aggravating circumstance when treachery is present. Treachery absorbs abuse
of superior strength and craft.

People v. Pugay, 167 SCRA 439

Criminal liability shall be incurred by any person committing a felony (delito) although the
wrongful act done be different from that which he intended.

4. Unintentional abortion
Case:
People v. Salufrania, 159 SCRA 401

Mere boxing on the stomach, taken together with the immediate strangling of the victim
in a fight, is not sufficient proof to show an intent to cause an abortion.

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 5. Hazing RA No. 8049

6. Rape,

The student must read RA No. 8353 and summarize the doctrines discussed in the following:

Cases:
People v. Orita, 184 SCRA 105

There is no such thing as frustrated rape.

 In the crime of rape, from the moment the offender has carnal knowledge of his victim he
actually attains his purpose and, from that moment also all the essential elements of the offense
have been accomplished. Nothing more is left to be done by the offender, because he has
performed the last act necessary to produce the crime. Thus, the felony is consummated.

Entry of the labia or lips of the female organ, without rupture of the hymen or laceration of the
vagina is sufficient to warrant conviction

People v. Mangalino, 182 SCRA 329

The gravamen of the offense of statutory rape as provided in Article 335, paragraph 3 of the
Revised Penal Code is the carnal knowledge of a woman below 12 years of age. Proof of
intimidation or force used on, or lack of it, is immaterial.

People v. Balbuena, 129 SCRA 10

The testimony of the victim is most often the only one available to prove directly its commission.
The very fact that she came forward in this case is in itself a silent but persuasive evidence of an
outrage done upon her honor.

People v. Castro, 196 SCRA 679

Perfect penetration, rupture of the hymen or laceration of the vagina are not essential for the
offense of consummated rape. Entry, to the least extent, of the labia or lips of the female organ is
sufficient. Virginity does not negate rape.

People v. Atento, 196 SCRA 357

Copulation with a woman known to be mentally incapable of giving even an imperfect consent is
rape. Physical intimidation need not precede sexual intercourse considering the age, mental
abnormality and deficiency of the complainant.

People v. Campuhan, 329 SCRA 270

In cases of rape where there is a positive testimony and a medical certificate, both should
in all respects complement each other; otherwise, to rely on the testimonial evidence alone, in
utter disregard of the manifest variance in the medical certificate, would be productive of
unwarranted or even mischievous results. It is necessary to carefully ascertain whether the penis
of the accused in reality entered the labial threshold of the female organ to accurately conclude
that rape was consummated.

People v. Gallo, 315 SCRA 461

Retroactive application of the ruling in People v Garcia.

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Now, it has long been the rule that qualifying circumstances must be properly pleaded in the
indictment. If the same are not pleaded but proved, they shall be considered only as aggravating
circumstances, since the latter admit of proof even if not pleade .Indeed, it would be a denial of
the right of the accused to be informed of the charges against him and, consequently, a denial of
due process, if he is charged with simple rape and be convicted of its qualified form punishable
with death, although the attendant circumstance qualifying the offense and resulting in capital
punishment was not alleged in the indictment on which he was arraigned.

Retroactive application of the ruling in People v Garcia.

People v. Berana, 311 SCRA 664

Physical resistance need not be established in rape cases when intimidation is exercised upon her

and she submits herself against her will to the rapist’s lust because of fear for life and personal
safety. Relationship qualifies the crime from reclusion perpetua to death under RA 7659.

Since relationship qualifies the crime of rape, there must be clearer proof of relationship and in
this case, it was not adequately substantiated. Evidence presented is not sufficient to dispel
doubts about the true relationship.

The student must states the elements of the crimes involved in the following:

7. Violence against women and children RA No. 9262

Section 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:

(1) The offended party is a woman and/or her child or children;

(2) The woman is either the wife or former wife of the offender, or is a woman with whom the
offender has or had a sexual or dating relationship, or is a woman with whom such offender has a
common child. As for the woman's child or children, they may be legitimate or illegitimate, or
living within or without the family abode;

(3) The offender causes on the woman and/or child mental or emotional anguish; and

(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal and
emotional abuse, denial of financial support or custody of minor children or access to the
children or similar such acts or omissions.

8. Child abuse RA No. 7610

Elements:

2) Committed against children Who are considered children?

3) Persons below 18 years of age OR

4) Over 18 but are unable to fully take care of themselves or protect themselves

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5) There is abuse, neglect, cruelty, exploitation, or discrimination

Punishable Acts

- Child Abuse- maltreatment, whether habitual or not, of the child which includes any for
the following:

- Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;

- Any act by deeds or words which debases, degrades, or demeans the intrinsic worth and
dignity of a child as a human being;

- Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

- Failure to immediately give medical treatment to an injured child resulting in serious

impairment of his growth and development or in his permanent incapacity or death.
- Child prostitution and other Sexual Abuse Elements:

- Children, whether male or female

- For money OR profit OR any other consideration OR due to coercion OR influence

- Of any ADULT, SYNDICATE, or GROUP

- Indulge in sexual intercourse or lascivious conduct

Attempt to Commit Child Prostitution-

- Attempt under Par. A, Sec 5

- Any person, not relative of a child

- Found alone with the child

- In a room, cubicle of a house, inn, hotel, motel, etc

- Under circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.

Attempt under Par. B, Sec 5

- Any person

- Receiving services from a child

- In a sauna parlor or batch, massage clinic, health club, etc.

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Child Trafficking

Elements:

- Any person who shall engage in

- Trading and dealing with children including, but not limited to, the act of buying and
selling a child for money, and for any other consideration, or barter.

Attempt to Commit Child Trafficking

- When a child travels alone to a foreign country without a valid reason therefore and
without clearance from the DSWD or written permit or justification from the child’s
parents or legal guardian;

- Person, agency, establishment, or child-caring institution recruits women or couples to be

children for the purpose of child trafficking; or

- When a doctor, hospital or clinic official or employee, nurse midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking; or

- When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who can
be offered for the purpose of child trafficking.

Obscene publications and indecent shows

- A child is employed, used, persuaded, induced, or coerced

- To perform in obscene exhibitions and indecent shows, whether live or in video, or model
in obscene publications or pornographic materials

- Such materials are distributed

Other acts if Neglect, Abuse, Cruelty or Exploitation and other conditions Prejudicial to
the Child’s Development

- Violation of Art. 59, PD 603

- Keeping in his company a minor, 12 years or under or 10 years younger than the person
liable, in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach resort, etc.

- Inducement, delivery, or offering of a minor for the above mentioned act

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- Use, coercion, forcing, or intimidating a street child or any other child to
- Beg or use begging as a means of living;

- Acts as conduit or middlemen in drug trafficking or pushing; or

- Conduct any illegal activities

- Violation of working conditions for Minors as provided in this law and the Labor Code

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