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Chapter 6 PDF
Chapter 6 PDF
Chapter 6 PDF
4. Any person who, while performing a lawful act with Art. 251, Revised Penal Code: When while several persons, not
due care, causes an injury by mere accident without composing groups organized for the common purpose of
fault or intention of causing it. assaulting and attacking each other reciprocally, quarrel and
assault each other in a confused and tumultuous manner, and in
2. Negligent Death: Death due to reckless imprudence, the course of affray someone is killed, and it cannot be
negligence, lack of skill or lack of foresight. ascertained who actually killed the deceased, but the person or
persons who inflicted serious physical injuries can be identified,
The Revised Penal Code provides that felonies may be such person or persons shall be punished by prision mayor.
committed when the wrongful act results from imprudence,
negligence, lack or foresight or lack of skill. If death occurred due (2) Death or Physical Injuries Inflicted under Exceptional
to the recklessness of someone, he may be charged for homicide Circumstances:
through reckless imprudence
Art. 247, Revised Penal Code: Any legally married person who,
3. Suicidal Death (Destruction of One's Self): The law does not having surprised his spouse in the act of committing sexual
punish the person committing suicide because society has intercourse with another person, shall kill any of them or both
always considered a person who attempts to kill himself as an of them in the act or immediately thereafter, or shall inflict upon
unfortunate being, a wretched person deserving more of pity them any serious physical injury, shall suffer the penalty of
than of penalty. But, a person who gives assistance to the destierro.
commission of suicide of another is punishable because he has
no right to destroy or assist in the destruction of the life of Laws involved in CAUSES OF DEATH
another. (ART. 253, RPC)
Impossible Crime
4. Parricidal Death (Killing of One's Relative)
Article 4(2) of Revised Penal Code (RPC) makes an
Art. 246, Revised Penal Code: Parricide: Any person who shall Impossible Crime a criminal act. An Impossible Crime
kill his father, mother, or child, whether legitimate or is committed by any person performing an act which
illegitimate, or any of his ascendants or descendants, or his would be an offense against persons or property, were
spouse, shall be guilty of parricide and be punished by the it not for the inherent impossibility of its
penalty of reclusion perpetua to death. accomplishment or an account of the employment of
inadequate or ineffectual means. The penalty for this
5. Infanticidal Death (Killing of a child less than three days offense is Arresto Mayor (1 month and 1 day to 6
old) months) or a fine from P200 to P500. (Article 59, RPC)
Art. 265, Revised Penal Code: The penalty provided for parricide Criminal Liability of Violence that Accelerates
in article 246 and for murder in article 248 shall be imposed death
upon any person who shall kill any child less than three days of
age. If the violence inflicted on a person suffering from a
natural disease only accelerated the death of the
6. Murder: victim, the offender inflicting such violence is
responsible for the death of the victim. It is immaterial
Any person who, not falling within the provisions of article 246 as to whether the offender has no intention of killing
shall kill another, shall be guilty of murder and shall be punished the victim. The fact that the victim died, the offender
by reclusion temporal in its maximum period of death, if must be held responsible to whatever be the
committed with any of the qualifying circumstances under Art. consequence of his wrongful act.
248.
Criminal liability shall be incurred by any person
7. Homicidal Death committing a felony although the wrongful act done be
different from which he intended (Art. 4, No. 1, Revised
Art. 249, Revised Penal Code: Any person who, not falling within
Penal Code).
the provisions of article 246 shall kill another without the
attendance of any of the circumstances enumerated in the next Refusal of Medical Attention
Refusal of the victim to submit to a surgical operation Requisites of Crime causing Violent Deaths
do not relieve the accused from the natural and
ordinary result of the felonious act and does not relieve Generally:
him of his criminal liability (U.S. v. Marasigan, 27 Phil. 1. Infliction of injury to the body
504). 2. The physical injury must be the proximate cause
of the death
Penal Classification of Violent Death
The death of the victim is presumed to be natural
1. Accidental Death consequence of the physical injuries inflicted, when
the following facts are established: (1) That the victim
Art. 12, No. 4, Revised Penal Code: Exempting
at the time the physical injuries were inflicted was in
Circumstances: The following are exempt from
normal health. (2) That the death may be expected
criminal liability:
from physical injuries inflicted. (3) That death ensued
4. Any person who, while performing a lawful within a reasonable time (People v. Datu Baginda, C.A.
act with due care, causes an injury by mere 44 O.G. 2287).
accident without fault or intention of causing
it. 1. Accidental Death
Art. 12, No. 4, Revised Penal Code
2. Negligent Death Elements of the Provision:
The Revised Penal Code provides that felonies may be (a) A person is performing a lawful act.
committed when the wrongful act results from (b) He performed it with due care.
imprudence, negligence, lack or foresight or lack of (c) He caused injury to another by mere accident.
skill. If death occurred due to the recklessness of (d) He is without fault and with no intention of
someone, he may be charged for homicide through causing it.
reckless imprudence 2. Negligent Death
3. Suicidal Death (Destruction of One's Self) Reckless imprudence
The law does not punish the person committing (1) that the offender does or fails to do an act; (2) that
suicide because society has always considered a the doing or the failure to do that act is voluntary;
person who attempts to kill himself as an unfortunate (3) that it be without malice;
being, a wretched person deserving more of pity than (4) that material damage results from the reckless
of penalty. But, a person who gives assistance to the imprudence; and
commission of suicide of another is punishable (5) that there is inexcusable lack of precaution on the
because he has no right to destroy or assist in the part of the offender, taking into consideration his
destruction of the life of another. (ART. 253, RPC) employment or occupation, degree of intelligence,
physical condition, and other circumstances regarding
4. Parricidal Death (Killing of One's Relative) persons, time, and place
Art. 246, Revised Penal Code: Parricide: Any person 3. Giving assistance to suicide
who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants or Acts Punishable in Giving Assistance to Suicide: (a) The
descendants, or his spouse, shall be guilty of parricide offender assisted in the commission of suicide of
and be punished by the penalty of reclusion perpetua another which was consummated. (b) The offender
to death. gave assistance in the commission of suicide to the
extent of doing the killing himself which is
5. Infanticidal Death (Killing of a child less than consummated.
three days old) (c) The offender assisted another in the commission of
suicide which is not consummated.
Art. 265, Revised Penal Code: The penalty provided for
parricide in article 246 and for murder in article 248
4. Parricide:
shall be imposed upon any person who shall kill any
(a) A person was killed by the offender.
child less than three days of age.
(b) The person killed was the father, mother, or child,
6. Murder: whether legitimate or illegitimate in relation with the
offender, or other legitimate ascendants, or
Any person who, not falling within the provisions of descendants or spouse of the offender.
article 246 shall kill another, shall be guilty of murder
and shall be punished by reclusion temporal in its 5. Infanticidal Death
maximum period of death, if committed with any of the (a) A person was killed.
qualifying circumstances under Art. 248. (b) The person killed was a child less than three days
old.
7. Homicidal Death
Art. 249, Revised Penal Code: Any person who, not 6. Requisites for the Crime of Murder:
falling within the provisions of article 246 shall kill (a) The offender killed the victim;
another without the attendance of any of the (b) The killing is attended by any of the qualifying
circumstances enumerated in the next preceding circumstances under Art. 248;
article, shall be deemed guilty of homicide and be (c) There was the intent of the offender to kill the
punished by reclusion temporal. victim;
(d) The killing is not parricide or infanticide someone. If death developed independent of an unlawful act,
then the person who committed the unlawful act cannot be held
Requisites of the Crime of Homicide: responsible for the death.
(a) The victim of a criminal assault was killed;
(b) The offender killed the victim without any Cause of death
justification;
The cause of death is the injury, disease or the combination of
(c) There is the intention on the part of the offender to
both injury and disease responsible for initiating the trend or
kill the victim and such presumption can be inferred
physiological disturbance, brief or prolonged, which produce
from the death of the victim;
the fatal termination. It may be immediate or proximate.
(d) That the killing does not fall under the definition of
the crime of murder, parricide or infanticide. Immediate or Primary cause of death
Death under special circumstances This applied to cases when trauma or disease kill quickly that
there is no opportunity for sequelae or complications to develop.
(1) Death Caused in a Tumultuous Affray: An extensive brain laceration as a result of a vehicular accident
is an example of immediate cause of death
Art. 251, Revised Penal Code: When while several
persons, not composing groups organized for the Proximate or Secondary cause of death
common purpose of assaulting and attacking each
other reciprocally, quarrel and assault each other in a The injury or disease was survived for a sufficiently prolonged
confused and tumultuous manner, and in the course of interval which permitted the development of serious sequelae
affray someone is killed, and it cannot be ascertained which actually caused the death. If a stab wound in the abdomen
who actually killed the deceased, but the person or later caused generalized peritonitis, then peritonitis is the
persons who inflicted serious physical injuries can be proximate cause of death.
identified, such person or persons shall be punished by
Mechanism of death
prision mayor.
The mechanism of death is the physiologic derangement or
(2) Death or Physical Injuries Inflicted under
biochemical disturbance incompatible with life which is
Exceptional Circumstances:
initiated by the cause of death. It may be hemorrhagic shock,
Art. 247, Revised Penal Code: Any legally married metabolic disturbance, respiratory depression, toxemic
person who, having surprised his spouse in the act of condition, cardiac arrest, tamponade, etc
committing sexual intercourse with another person,
Questions that must be answered if signs of violence are
shall kill any of them or both of them in the act or
associated with the Natural cause of death
immediately thereafter, or shall inflict upon them any
serious physical injury, shall suffer the penalty of If signs of violence are associated with the natural cause of
destierro. death, the physician must be able to answer the following
questions:
DIFFERENTIATE
• Did the Person Die of a Natural Cause and were the
Natural Death | Violent Death
Physical Injuries Inflicted Immediately After Death?
Natural Death — It is natural when the fatality is caused solely • Was the Victim Suffering from a Natural Disease and
by disease (lobar pneumonia, ruptured tubal pregnancy, the Violence Only Accelerate the Death?
cancerous growth, cerebral hemorrhage due to hypertension, • Did the Victim Die of a Natural Cause Independent of
etc.). the Violence Inflicted?
Violent or Unnatural Death — Death due to injury of any sort Penal Classification of Violent Deaths and the Requisites
(gunshot, stab, fracture, traumatic shock, etc.). A physician must
not include in the consideration of the manner of death that such 1. Accidental Death: Death due to misadventure or accident. In
violent death is suicidal, accidental or homicidal. a pure accidental death, the person who causes the death is
exempted from criminal liability.
Suicide | Homicide | Murder
Art. 12, No. 4, Revised Penal Code: Exempting Circumstances:
Suicide is destruction of one’s self. The following are exempt from criminal liability:
The difference between Homicide and Murder is primarily the 4. Any person who, while performing a lawful act with
presence or absence of qualifying circumstance under Art. 248. due care, causes an injury by mere accident without
fault or intention of causing it.
In suicide, the one committing said act is not penalized. Society
has always considered a person who attempts to kill himself as 2. Negligent Death: Death due to reckless imprudence,
an unfortunate being, a wretched person deserving more of pity negligence, lack of skill or lack of foresight.
than of penalty. While in Homicide and Murder, the killer is
penalized. The Revised Penal Code provides that felonies may be
committed when the wrongful act results from imprudence,
EXPLAIN | DISCUSS negligence, lack or foresight or lack of skill. If death occurred due
to the recklessness of someone, he may be charged for homicide
Primary purpose of a Medico-legal autopsy through reckless imprudence
The primary purpose is the determination of the cause of death. 3. Suicidal Death (Destruction of One's Self): The law does not
It must further be shown that the death is the direct and punish the person committing suicide because society has
proximate consequence of the criminal or negligent act of
always considered a person who attempts to kill himself as an (1) Physical injury — Trauma sustained thru the use of physical
unfortunate being, a wretched person deserving more of pity force.
than of penalty. But, a person who gives assistance to the
commission of suicide of another is punishable because he has (2) Thermal injury — Injury caused by heat or cold.
no right to destroy or assist in the destruction of the life of
(3) Electrical injury — Injury due to electrical energy.
another. (ART. 253, RPC)
Penal Classification of Violent Deaths and the requisites of
4. Parricidal Death (Killing of One's Relative)
the crime involved
Art. 246, Revised Penal Code: Parricide: Any person who shall
Supplied already
kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his Pathological Classification of the Causes of Death
spouse, shall be guilty of parricide and be punished by the
penalty of reclusion perpetua to death. a. Death from Syncope - This is death due to sudden and fatal
cessation of the action of the heart with circulation included.
5. Infanticidal Death (Killing of a child less than three days
old) b. Death from Asphyxia - Asphyxia is a condition in which the
supply of oxygen to the blood or to the tissues or to both has
Art. 265, Revised Penal Code: The penalty provided for parricide been reduced below normal working level.
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 c. Death from Coma - Coma is the state of unconsciousness with
age. insensibility of the pupil and conjunctivae, and inability to
swallow, resulting from the arrest of the functions of the brain.
6. 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 of death, if
committed with any of the qualifying circumstances under Art.
248.
7. Homicidal Death
Art. 249, Revised Penal Code: 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.
ENUMERATE
a. Natural Death.
b. Violent Death:
(1) Accidental death.
(2) Negligent death.
(3) Infanticidal death.
(4) Parricidal death.
(5) Murder.
(6) Homicidal death
(unsure about this, the book uses the terms “trauma” and
“injury” parang the same )
(1) That the victim at the time the physical injuries were
inflicted was in normal health.