POINTERS IN CRIMINAL LAW 2

By: Atty. Michell Guarino

Crimes Against Persons (Art. 246-266)

Parricide (Art. 246)

Elements
1. Deceased is killed by the accused
2. Deceased is the:
a. Father
b. Mother
c. Child, whether legitimate or illegitimate
d. Legitimate other ascendant or other descendant
e. Legitimate spouse of the accused

Death or Physical Injury Inflicted under Exceptional Circumstances (Art.

247)

Elements
1. A legally married person or a parent surprises his spouse or daughter,
the latter under 18 years of age and living with him, in the act of
committing sexual intercourse
2. He or 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 or she has not consented to the infidelity of the
other spouse.

Art. 247 is more of an exempting circumstance as the penalty intended more

for the protection of the accused rather than a punishment. Put indifferently, it
practically grants a privilege amounting to an exemption for adequate
punishment.

The law affords protection to a spouse considered to have acted in a justified

outburst of passion or a state of mental disequilibrium. The offended spouse
has no time to regain his self-control.

Penalty is destierro. The guilty spouse shall not be permitted to enter the place
or places designated in the sentence, nor within the radius therein specified,
which shall not be more than 250, and not less than 25 kilometers from the
place designated.

Murder (Art. 248)

Elements
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any of the qualifying circumstances
mentioned in Art. 248
4. That the killing is not parricide or infanticide

Qualifying 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 railroad, fall of an airship, by
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 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.
*Cruelty includes the situation where the victim is already dead and yet,
acts were committed which would decry or scoff the corpse of the victim.

Homicide (Art. 249) – is the unlawful killing of any person, which is neither
parricide, murder nor infanticide.

Infanticide (Art. 255) – it is the killing of any child less than 3 days old or 72
hours of age, whether the killer is the parent or grandparent, any relative of the
child, or a stranger.

Intentional Abortion (Art. 256)

Abortion – is the willful killing of the fetus in the uterus, or the violent
expulsion of the fetus from the maternal womb that results in the death of the
fetus.

Ways to Commit Intentional Abortion

1. Using any violence upon the person of the pregnant woman
2. By administering drugs or beverages upon such pregnant woman
without her consent
3. By administering drugs or beverages with the consent of the pregnant
woman

Unintentional Abortion (Art. 257)

Elements
1. There is a pregnant woman
2. Violence is used upon such pregnant woman without intending an
abortion
3. Violence is intentionally exerted
4. As a result of the violence exerted, the fetus dies either in the womb or
after having been expelled therefrom

Abortion
The victim is not viable but remains to
be a fetus.
No mitigation for parents of pregnant
woman even if the purpose is to
conceal dishonor.
Infanticide
The victim is already a person less
than 3 days old or 72 hours and is
viable or capable of living separately
from the mother’s womb.
The mother and maternal
grandparents of the child are entitled
to the mitigating circumstance of
concealing the dishonor.
Abortion practiced by physician midwife and dispensing of abortives
(Art. 259) – punishes a pharmacist who merely dispenses with an abortive
without the proper prescription of a physician. If pharmacist knew that the
abortive would be use for abortion, she would be liable as an accomplice in the
crime of abortion.

Responsibility of participants in a duel (Art. 260)

Duel - it is a formal or regular combat previously consented between two

parties in the presence of two or more seconds of lawful age on each side, who
make the selection of arms and fix all the other conditions of the fight to settle
some antecedent quarrels.

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

*A mere fight as a result of an agreement is not necessarily a duel because a

duel implies an agreement to fight under determined conditions and with the
participation and intervention of seconds who fixed conditions.

Serious Physical Injuries (Art. 263)

Serious Physical Injuries are the following:

1. When the injured person becomes insane, imbecile, impotent, or blind in
consequence of the physical injuries inflicted
2. When the injured person:
a. Loses the use of speech or the power to hear or to smell, or looses an
eye, a hand, a foot, an arm or a leg; or
b. Loses the use of any such member, or
c. Becomes incapacitated for the work in which he was therefore
habitually engaged in consequence of the physical injuries inflicted
3. When the injured:
a. Becomes deformed
b. Loses any other member of his body or
c. Loses the use thereof
d. Becomes ill or incapacitated for the performance of the work in which
he was habitually engaged for more than 90 days, in consequence of
the physical injuries inflicted
4. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days), as a result of the
physical injuries inflicted or require medical attendance

Physical Injuries Attempted or Frustrated Homicide

The offender inflicts physical injuries Attempted homicide may be
committed even if no physical injuries
are inflicted
Offender has no intention to kill the The offender has intent to kill the
offended party offended party
Less Serious Physical Injuries (Art. 265)

Elements
1. Offended party is incapacitated for labor for 10 days or more (but not
more than 30 days) or shall require medical attendance for the same
period of time
2. Physical injuries must not be those described in the preceding articles

Slight Physical Injuries (Art. 266)

Kinds of Slight Physical Injuries

1. Physical injuries which incapacitated the offended party for labor from 1
to 9 days, or required medical attendance during the same period
2. Physical injuries which did not prevent the offended party from engaging
in his habitual work or which did not require medical attendance
3. Ill-treatment of another by deed without causing any injury

Rape (Art. 266-A) and (R.A. 8353)

How rape is committed:

1. By a man who shall have carnal knowledge of a woman
2. Sexual assault

NOTE: Under R.A. 8353, the crime of rape can now be committed by a male or
female. The same law also reclassifies the same as crime against persons,
previously under crimes against chastity.

Elements of Rape by Sexual Assault

1. Offender commits an act of sexual assault
2. The act of sexual assault is committed by any of the following means:
a. By inserting his penis into another person’s mouth or anal orifice, or
b. By inserting any instrument or object into the genital or anal orifice of
another person

Incestuous Rape – it refers to rape committed by an ascendant of the offended

woman

Statutory Rape – accused had carnal knowledge of a woman and the woman
is below 12 years of age

Crimes Against Liberty and Security (Art. 267-292)

Kidnapping and Serious Illegal Detention (Art. 267) – the essence of the
offense is the actual deprivation of the victim’s liberty coupled with the intent
of the accused to effect it. There must be indubitable proof that the actual
intent of the malefactor was to deprive the offended party of liberty.

Elements
1. Offender is a private individual who is not any of the parents of the
victim
2. He kidnaps or detains another, or in any other manner deprives the
latter of his liberty
3. Act of detention or kidnapping must be illegal
4. In the commission of the offense, any of the following circumstances is
present:
 a. Kidnapping or detention lasts for more than 3 days
b. It is committed simulating public authority
c. Any serious physical injuries are inflicted upon the person kidnapped
or detained or threats to kill him are made
d. The person kidnapped or detained is a minor, female, or a public
officer

If a person is transported from one place to another, what crimes may be

possibly committed?

1. Forcible abduction – if a woman is transported from one place to

another by virtue of restraining her of her liberty and that act is coupled
with lewd designs
2. Kidnapping with serious illegal detention – if a woman is transported
just to restrain her liberty. There is no lewd design or intent.
3. Grave coercion – if a woman is carried away just to break her will, to
compel her to agree to demand or request by the offender.

Illegal Detention Arbitrary Detention

Committed by a private person who
kidnaps, detains or otherwise deprives
another of his liberty
Crime is against personal liberty and
security
Committed by a public officer who
detains a person without legal grounds
Crime against the fundamental law of
the State

*To kidnap is to carry away by unlawful force or fraud or to seize and detain
for the purpose of carrying away from where he was (place of work, residence,
school, or any other place) and bring him to another. Kidnapping need not be
followed by detention as where the taking was only to briefly restrain the
victim.

*The crime of serious illegal detention consists not only of placing a person
in an enclosure, but also of detaining him or depriving him in any manner of his
liberty. This may not involve kidnapping.

In the actual essence of the crime, when one says kidnapping, this connotes
the idea of transporting the offended party from one place to another. When
you think illegal detention, it connotes the idea that one is restrained of his
liberty without necessarily transporting him from one place to another.

Special complex crime with Kidnapping and Serious Illegal Detention

1. Kidnapping/Serious Illegal Detention with homicide – where the person
kidnapped is killed in the course of detention, regardless of whether the killing
was purposely sought or was merely an afterthought
2. Kidnapping/Serious Illegal Detention with rape
3. Kidnapping/Serious Illegal Detention with physical injuries
(People vs Laog, G.R. No. 178321, October 5, 2011)

By virtues of R.A. 7659, Art. 267 is amended giving rise to special complex
crimes. The last paragraph of Art. 267 RPC provides that if the victim is killed
or dies as a consequence of the detention, or is raped, or subjected to torture or
dehumanizing acts, the maximum penalty shall be imposed.
Slight Illegal Detention (Art. 268)

Elements
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner deprives him of
his liberty
3. Act of kidnapping or detention is illegal
4. Crime is committed without the attendance of any of the circumstances
enumerated in Art. 267

Eg. If a woman is transported just to restrain her or her liberty. There is no

lewd design or lewd intent.

Unlawful Arrest (Art. 269) – the essence of the offense is that the arrest must
be made for the purpose of delivering the person arrested to the proper
authorities but it was made without reasonable grounds therefore.

Elements
1. Offender arrests or detains another person
2. Purpose of the offender is to deliver him to the proper authorities
3. Arrest or detention is not authorized by law or there is no reasonable
ground thereof

NOTE: Arrest or detention refers to warrantless arrest

Delay in the Delivery of Detained Unlawful Arrest

Persons
Detention is for some legal ground Detention is not authorized by law
Crime is committed by failing to Committed by making an arrest not
deliver such person to the proper authorized by law
judicial authority within a certain
period

Slavery (Art. 272) - committed when the offender purchases, sells, kidnaps or
detains a human being for the purpose of enslaving such human being

Inducing a Minor to Abandon his Home (Art. 271) - what constitutes the
crime is the act of inducing a minor to abandon his home of his guardian, and
it is not necessary that the minor actually abandons the home.

Inducement must be actual, committed with criminal intent, and determined

by a will to cause damage. The minor should not leave his home of his own free
will. It is not necessary that the minor actually abandons the home.

Qualified Trespass to Dwelling (Art. 280)

Elements
1. Offender is a private person
2. He enters the dwelling of another
3. Such entrance is against the latter’s will

Dwelling – is a place that a person inhabits or any building or structure

exclusively devoted for rest and comfort. Whether a building is a dwelling
house or not depends upon the use. It includes the dependencies which have
interior communication with the house. It is not necessary that it be a
permanent dwelling of a person.
*Trespass to Dwelling which, depending upon the mode of entry, may be
either: (a) Simple which is entry without violence or (b) Qualified which is entry
with violence.

Grave Threats (Art. 282) - the essence of the crime is intimidation. To

constitute grave threats, it must inspire terror or fear upon another.

Punishable Acts
1. Threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime and
demanding money or imposing any other condition even though not
unlawful, and the offender attained his purpose.
2. By making such threat without the offender attaining his purpose
3. By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime, the
threat not being subject to a condition.

Threat - is a declaration of an intention or determination to injure another by

the commission upon his person, honor or property or upon that of his family
of some wrong which may or may not amount to a crime.

Light Threats (Art. 283)

Elements
1. Offender makes a threat to commit a wrong
2. The wrong does not constitute a crime
3. There is a demand for money or that other condition is composed, even
though lawful
4. Offender has attained or has not attained his purpose

NOTE: Light threat is in the nature of blackmailing. The wrong threatened does
not amount to a crime, coupled with a demand for money or other conditions,
even though lawful.

Other Light Threats (Art. 285)

Punishable Acts
1. Threatening another with a weapon, or by drawing such weapon in a
quarrel, unless it be in lawful self-defense. Here, the weapon must not be
discharged.
2. Orally threatening another, in the heat of anger, with some harm
constituting a crime, without persisting in the idea involved in his threat
3. Any threat made in a jest or in the heat of anger constitutes light threat
only
4. Orally threatening to do another any harm not constituting a felony

NOTE: The offense is not subject to a demand for money or any material
consideration and the wrong threatened does not amount to crime.

Grave Coercion (Art. 286)

Punishable Acts
1. Preventing another, by means of violence, threat or intimidation, from
doing something not prohibited by law
 2. Compelling another, by means of violence, threat or intimidation, to do
something against his will, whether it be right or wrong.

*Grave coercion arises only if the act which the offender prevented another to
do is not prohibited by law.

*Example:
1. Compel the driver to change course
2. Force a tenant into leaving the leased premises coupled with padlocking the
door

Kinds of Grave Coercion

1. Preventive – the offender uses violence to prevent the victim from doing
what he wants to do. Here, the act prevented is not prohibited by law.
2. Compulsive – the offender uses violence to compel the offended party to
do what he does not want to do. The act compelled may or may not be
prohibited by law

Light Coercion (Art. 287)

Elements
1. Offender must be a creditor
2. He seizes anything belonging to his debtor
3. Seizure of the thing cannot be accomplished by means of violence or a
display of material force producing intimidation
4. Purpose of the offender is to apply the same to the payment of the debt

Crimes Against Property (Art. 293-332)

Robbery (Art. 293) - it is the taking of personal property belonging to another,

with intent to gain, by means of violence against or intimidation of any person
or using force upon things.

Classes of Robbery
1. Robbery with violence against, or intimidation of persons (Art. 294, 297,a
and 298)
2. Robbery by the use of force upon things (Art. 299 and 302)

Elements
1. There is personal property belonging to another
2. There is unlawful taking of that property
3. Taking must be with intent to gain
4. There is violence against or intimidation of any person or force upon
things

Robbery with Homicide (par. 1) - if death results or even accompanies a

robbery, the crime will be robbery with homicide provided that the robbery and
the homicide are consummated.

The crime of robbery with homicide is a special complex crime or a single

indivisible crime. All the killings are merged in the composite integrated whole
that is, robbery with homicide. The killings must have been perpetrated by
reason or on the occasion of robbery.
Robbery with Rape (par. 2) – is a crime against the property which is a single
indivisible offense. The rape accompanies the robbery. In this case where rape
and not homicide is committed, there is only a crime of robbery with rape if
both the robbery and the rape is consummated.

Robbery with Physical Injuries – physical injuries must be serious. If the

physical injuries are only less serious or slight, they are absorbed in the
robbery.

Robbery with Arson (R.A. 7659) – the composite crime would only be
committed if the primordial intent of the offender is to commit robbery and
there is no killing, rape, or intentional mutilation committed by the offender
during the robbery. Otherwise, the crime would be robbery with homicide, or
robbery with rape, or robbery with intentional mutilation, in that order and the
arson would only be aggravating circumstance.

Theft (Art. 308) - is committed by any person who, with intent to gain but
without violence against or intimidation of persons nor force upon things, shall
take personal property of another without the latter’s consent.

Qualified Theft (Art. 310)

Theft is qualified if:

1. If theft is committed by a domestic servant
2. If the theft is committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter or large cattle
4. If the property stolen consists of coconuts taken from the premises of a
plantation
5. If the property stolen is fish taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.

Occupation of Real Property or Usurpation of Real Rights in Property

(Art. 312)

Punishable Acts
1. Taking possession of any real property belonging to another
2. Usurping any real rights in property belonging to another

Requisites:
1. Possession or usurpation was committed with violence or intimidation
2. Accused has intent to gain

*There must be proof that the real property occupied or usurped belongs, not
to the occupant or usurper, but to some third person, and that the possession
of the usurper was obtained by means of intimidation or violence done to the
person ousted of possession of the property.

Swindling/Estafa (Art. 315)

Elements
1. Accused defrauded another by abuse of confidence or by means of deceit
a. With unfaithfulness or abuse of confidence
b. By means of false pretenses or fraudulent acts
c. Through fraudulent means
 2. Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person

Estafa with untruthfulness (par. a) –offender has onerous obligation to deliver

something of value and he alters its substance, quantity or quality to the
damage or prejudice to the other

Estafa with Abuse of Confidence (par. b) – money, goods, or other personal

property is received by the offender in trust, or on commission, or for
administration, or under any other obligation involving the duty to make
delivery of, or return, the same. There is misappropriation or conversion of
such money or property by the offender, or denial on his part of such receipt
after demand was made by the offended party to the offender.

Estafa by means of false pretenses or fraudulent acts

a. By using fictitious name, falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary
transactions or by means of other similar deceits (par. a)
b. By altering the quality, fineness, or weight of anything pertaining to his
art or business (par. b)
c. By pretending to have bribed any government employee (par. c)
d. By postdating a check, or issuing a check in payment of an obligation
when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check. (par. d)
(if check was issued in payment of pre-existing obligation, there is no estafa)
e. By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house without
paying therefor, with intent to defraud xxx

Arson (P.D. 1613 & Art. 320, as amended by R.A. 7659) – malicious
destruction of property by fire

Malicious Mischief (Art. 327) – is the willful damaging of another’s property

by any act not constituting arson or crimes of destruction due to hate, revenge,
or mere pleasure of destroying.

NOTE: The property must be personal property. Malicious mischief being a

deliberate act cannot be committed thru negligence.