MDWY 85- CRIMINAL LIABILITES
Felonies- Are acts of omissions punishable by law
and may committed not only by means of deceit
(doto) but also by means of fault (culpa).
Criminal Liabilities
 Crimes Against Person
 Crimes Against Liberty and Security
 Crimes Against Property
 Crimes Against Civil Status
 Crimes Against Chastity
 Crimes Against Honor
 Criminal Negligence
Crimes Against Person
Homicide- Is the lawful killing of another person
which is neither parricide, murder nor infanticide
Abortion- Is the expulsion of the fetus from the
womb before it is capable of sustaining life
(outside the womb) , which expulsion results in its
death .
Some of the kinds of abortion are as follows
 Intentional abortion
 Unintentional abortion
 Abortion practiced by the woman
upon herself or with consent
 Abortion practiced by the parents
of the woman with her consent
 Abortion practiced by a physician
or midwife
Dispensing of Abortive
-Is the unlawful dispensing of any abortive
by any pharmacist without proper
prescription from the physician
Murder- is committed by any person who kills
another person with any of the ff
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 of 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 a vessel, derailment of
or assault upon a streetcar or
locomotive , fall of an airship, by
means involving great waste and
ruin.
4. With evident premeditation
5. With cruelty, by deliberately and
inhumanely augmenting the
suffering of the victim or outraging
or scoffing at his person or coarse.
Parricide- Is committed by a person who kills his
father , mother , whether legitimate or illegitimate
or any of his ascendants or descendants or his
spouse
Infanticide- Is killing of a child less than 3 days old
. The penalty is the same as that for parricide or
murder
Euthanasia- Means painlessly putting an end to
the life of a terminally ill patient or patient
suffering from incurable disease. In euthanasia,
the patient does not want to die while in giving
assistance to suicide, the person wants to die
Giving assistance to suicide- Is committed either
by assisting another to commit suicide (whether
the suicide is consummated or not) and by
lending assistance to another to the extent of
doing the killing himself
Mutilation- Is the deliberate looping or clipping off
of some part of the body of another person with
the purpose of depriving the person of that part of
his body. If the mutilation was committed without
deliberate intent of depriving the person of that
part of his body, it will be considered as physical
injuries . Mutilation of the reproductive organs
such as the penis and ovary is considered
castration.
Rape- May classified into;
1. Rape by a man of woman- this is the
felony committed by a man who has carnal
knowledge of a woman under any of the ff
circumstances;
 Through force , threat, or
intimidation
 When the offended party deprived of
reason or otherwise unconscious
 By means of fraudulent machination
or grave abuse authority
 When the offended party is under 12
years of age or s demented even
though none of the circumstances
mentioned above
2. rape by any person of another person
- This felony is committed by any person
who commits an act of sexual assault either;
By inserting his penis into another persons
mouth or anal orifice, By inserting any
instrument or object into the genital or
anal orifice of another person
Crimes Against Liberty and Security
Grave Coercions can be committed by a person
either by;
-Preventing another person by means of
violence from doing something not
prohibited by law
- Compelling another by means of
violence to do something against his will
whether it be right or wrong
Abandonment of Persons in Danger is the crime
committed by anyone who fails to render
assistance to any person whom he finds in an
uninhabited place wounded or in danger or dying,
when he can render assistance without detriment
to himself. It is also committed by anyone who,
having found an abandoned child under seven
years of age, shall fail to deliver said child to the
authorities or to his family, or shall fail to take him
to a safe place.
Abandonment of One’s Victims is committed by
anyone who shall fail to help or render
assistance to another whom he has
accidentally wounded or injured;
Revelation of Secrets can be committed by an
employee, manager or servant who learns
the secret of his principal or master in such
capacity and reveals such secrets. This
crime may be committed by midwives who
reveal the secrets of their patients to other
persons. The midwife must always
remember that she is duly bound to keep all
secrets entrusted to her by patients even
after death of her patients. The midwife may
reveal these secrets only with;
 The permission of the patient
 When its revelation is necessary
for the common good
 When there is a court order that
requires her to reveal them
Light Threats- means a threat to commit a wrong
not constituting a crime , and that there is a
demand for money or that other condition is
imposed , even though that condition is not
unlawful. Thus a midwife who threatens a
patient that he will suffer severely from his
disease if he will not take his medications or
will not sign the consent for surgery may be
liable for light threats.
Grave Threats- are committed by any person who
shall threaten another with the infliction
upon reason, honor or property of the latter
or of his family of any wrong . A midwife who
threatens a hospital director that she will
publish to a newspaper evidence of graft
and corruption committed by the hospital
director if the latter does not accept her job
application may be charged of grave
threats.
Illegal Detention- is the crime committed by a
private individual who unlawfully deprives
another person of liberty. This may be
committed by hospital personnel who refuse
to discharge patients and would not allow
them to leave the hospital because of
nonpayment of hospital bill.
CRIMES AGAINST PROPERTY
Robbery- is committed by any person who shall
take the personal property belonging to
another with the intent to gain by means of
force , intimidation of any person or using
force upon anything
Estafa or Swindling- is the crime committed by
any person who defrauds another.
Theft -is committed by any person who, with
intent to gain but without violence against ,
intimidation of neither persons nor force upon
things, shall take personal property without the
latter’s consent . A person who has found lost
property and fails to deliver the same to the local
authorities or its owner is also guilty of theft.
Malicious Mischief - is the crime committed by
any person who deliberately causes to the
property of another damage ( falling within
the terms of Arson and other crimes
involving destruction)
Destructive Arson- is the crime committed by any
person who burns a building , train, ship,
airline etc..
CRIMES AGAINST CHASITITY
Concubinage - is committed by any married man
who either :
-Keeps a mistress in the conjugal
dwelling
-Has sexual intercourse , under
scandalous circumstances, with a woman
who is not his wife
-Co habits with a woman not his wife in
any other place
Act of Lasciviousness- refers to an act or conduct
that is lewd or lascivious.
“Lascivious “ means lustful, or tending to
produce voluptuous or lewd emotions ; and
the term “lasciviousness” comprises all acts
of lasciviousness performed upon a person
of either sex short of lying with a woman
and anything leading up to it, independently
of the intention of the wrong doer.
Adultery - is the crime committed by any married
woman who has sexual intercourse with a
man not her husband and by the man who
has carnal knowledge of her
Abduction- is the kidnapping of a woman by
removing her from her home , or from
whatever place she may be , to take her to
some other, with the intent to marry or
corrupt her (libidinis causa) . It may be
forcible or consented;
Forcible Abduction - , as a felony , is the
abduction of a virgin over twelve and under
eighteen years of age , carried out with her
consent and with lewd designs
Consented Abduction- , as a felony , is the
abduction of a virgin over twelve and under
eighteen years of age , carried out with her
consent and with lewd designs
Seduction- means withdrawing a person from the
path of rectitude . As a felony, it may be simple or
qualified ;
 Simple Seduction refers to
seduction of (or the unlawful
carnal intercourse with) a woman
who is single or a widow of good
reputation, over twelve but under
eighteen years of age , committed
by means of deceit.
 Qualified Seduction is the
seduction of a “doncella “ (or
virgin) , over twelve years and
under eighteen years of age ,
committed by any of the ff;
-Any person in public authority; Priest;
Home servant ; domestic ;Guardian
;Teacher
-Any person who , in any capacity , shall
be entrusted with the education or
custody of the woman seduced
Any person who seduces his sister or
descendant, whether or not she is a
virgin or over eighteen years of age
CRIME AGAINST CIVIL STATUS OF PERSONS
Concealing or Abandoning a Legitimate Child with
the intent of causing such child to lose its
civil status
Substituting or Switching One Child for Another is
committed by a person who exchanges
babies without the knowledge of their
parents with the intention to cause the loss
of any trace of their filiations.
Simulation of Birth is committed by a woman who
pretends that she is pregnant when in fact
she is not, and on the day of the supposed
delivery takes the child of another as her
own . The woman who stimulates birth and
one who furnishes the child are both
responsible as principals.
CRIMES AGAINST HONOR
Defamation
a. Slander- Oral
b. Libel- Written
Libel is a public and malicious imputation of a
crime , or a vice or defect, real or
imaginary, or any act, omission , condition ,
status , or circumstance tending to cause
the dishonor, discredit , or contempt of a
natural or judicial person , or to be blacken
the memory of the one who is dead. Libel is
committed by means of writing , printing ,
lithography , engraving , radio, phonograph ,
painting or theatrical or cinematographic
exhibition, or any similar means.
Slander is oral defamation
QUASI OFFENSES
It should be remembered that imprudence
or negligence is not a crime in itself but
simply a way of committing a crime.
Simple Imprudence consists in the lack of
precautions displayed in those cases in
which the damage impending to be caused
is not immediate nor the danger clearly
manifested.
Reckless Imprudence consists in voluntarily , but
without malice , doing or failing to do an act
from which material damage results by
reason of inexcusable lack of precaution on
the part of the person performing or failing
to perform such act , taking into
consideration his employment and
occupation , degree of intelligence , physical
condition and other circumstances
regardless of persons, time and place.
Imprudence indicates deficiency of action or skill ,
imprudence may be avoided by taking the
necessary precaution once wrongful acts
are foreseen.
Negligence is lack of foresight or deficiency of
perception. Negligence is avoided by paying
proper attention and using due diligence in
foreseeing wrongful acts.
3 Kinds of Negligence
1. Contractual Negligence – negligence that
results from breach of contract , there is
preexisting contract and negligence
resulted from failure to carry out the
contract.
Ex. A midwife failed to observe proper care of the
umbilicus of a newborn , as a result , the
newborn suffered from infection . There
exists a contract between the midwife and
the parent of the newborn.
2. Civil Negligence
-There is no pre existing contract except
that there is a duty to be careful in all
human actuations.
Ex. A midwife driving her car hit a person . There
is no contract existing between the midwife
and the person but the failure of the midwife
to drive carefully and safely resulting in
harm to another person makes her
negligent and liable.
3. Criminal Negligence
-Negligence that results in the commission
of a crime
Ex. A midwife who performs abortion.