PARRICIDE

-Committed when an offender kills his or her father, mother or child or any of his legitimate ascendant or
descendant or spouse

DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

-This is committed when a legally married person or parent surprises his or her spouse or daughter, the latter
under 18 years of age and living with the parent, in the act of sexual intercourse with another and kills any or
both of them or inflicts physical injuries during the act or immediately thereafter; and he has not consented to
the infidelity of his spouse nor facilitated the prostitution of her daughter

-the sexual act contemplated in this article must be voluntary; justification of this is that the spouse or parent is
acting in a justified burst of passion

MURDER

-killing a person with the attendance of any of the following qualifying aggravating circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, employing means to
weaken the defense or to afford impunity

2. In consideration of 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 on airship, by means of motor vehicles, or by use of any means involving great waste or ruin

4. When committed during calamities mentioned in the preceding paragraph, or of an earthquake, volcanic
eruption, destructive cyclone, epidemic, or other public calamity

5. With evident premeditation

6. With cruelty, deliberately and inhumanly augmenting the victim’s suffering or outraging or scoffing at the
person or corpse

HOMICIDE

-unlawful killing of a person that is neither murder, parricide or infanticide

DEATH CAUSED IN TUMULTUOUS AFFRAY

-There are several persons not organized for attacking or assaulting each other, in the course of affray somebody
is killed and the person who killed cannot be ascertained but the person/s who used violence can be identified

-persons liable here are those who inflicted serious physical injuries or those persons are unknown, all persons
who used violence upon the deceased

PHYSICAL INJURIES IN TUMULTUOUS AFFRAY

-Almost the same above just that it is physical injuries

GIVING ASSISTANCE TO SUICIDE

-mercy killing or euthanasia included

DISCHARGE OF FIREARM

-when person with no intention to kill but only to intimidate or frighten another, discharges a firearm to the
latter

-note, it must aim at somebody not something; this provision is almost useless nowadays

INFANTICIDE

-When a person kills a child less than 3 days old; if killed by parent or legitimate ascendant, parricide; age is
material here

INTENTIONAL ABORTION

-Abortion is defined as the willful killing of the fetus in the uterus or the violent expulsion of the fetus from
maternal womb which results in the death of the fetus; there must be intention to cause abortion

-committed through 3 ways: employing violence on a pregnant woman; by acting, without violence, without the
consent of the woman; or by acting with consent of the woman

UNINTENTIONAL ABORTION

-Same but without intention to cause abortion, but violence must be intentionally exerted

DUEL

CHALLENGING TO A DUEL

-liable, challengers and instigators

MUTILATION

- The loping off, or clipping off, of some part of the body

2 Kinds-

1. Intentionally mutilating another by depriving him, either totally or partially of some

essential organ for reproduction

2. Intentionally making other mutilations – lopping off, or clipping off, any part of the body

other than the essential organs for reproduction, to deprive someone of that part of his

body

Distinguish mutilation from physical injuries

‐In Mutilation, the offender acts with the deliberate intent to deprive someone of the use of a

part of the body;

‐In Physical Injuries, the offender’s purpose is merely to inflict bodily injury
SERIOUS PHYSICAL INJURIES

- It is committed by wounding, beating, assaulting or administering injurious substance

- 1.) Insanity, imbecility, impotency or complete blindness
2.) Loss of the senses (i.e: speech, hearing, smell), loss of limbs (i.e.: hand, foot, arm or leg), partial
blindness (loss of only one eye); permanent incapacity for work
3.) Deformity or the loss of another part of the body; Loss of the USE of any other part of the body;
incapacity for labour for more than 90 days
4.) Illness or incapacity from labour for more than 30 days

LESS SERIOUS PHYSICAL INJURIES

Physical injuries not described by law as ‘serious’ (see: arts.263, 264) but which shall incapacitate the offended
party for labour for 10 days or more (but not more than 30 days), or shall require medical attendance for the
same period.

SLIGHT PHYSICAL INJURIES AND MALTREATMENT

1. When the offended party was incapacitated for labour from 1‐9 days, or shall require medical

attendance during the same period

2. When the offended party has sustained injuries which do not prevent him from engaging in his habitual work
nor require medical attendance

3. When the offender ill‐treats another by deed without causing any injury

RAPE

ELEMENTS OF RAPE UNDER PAR.1 ELEMENTS OF RAPE UNDER PAR.1

(rape through sexual intercourse)
1. The offender is a man
2. He had carnal knowledge of a woman
3. Such an act is accomplished under the
following circumstances:
a. By using force/intimidation
b. When the woman is deprived of
reason or is unconscious
c. By means of fraudulent machination
or grave abuse of authority
d. The woman is under 12 or is demented
Note:
‐  Consummation:  touching  of  the  labias  by  the a. By using force/intimidation
penis, not merely epidermal contact
What are the qualifying aggravating circumstances in rape?
(rape through sexual intercourse)
1. The offender commits an act of sexual
assault
2. The act 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/object
into the genital/anal orifice of another
person
3. The act is accomplished under any of the
following circumstances:
b. When the woman is deprived of
reason or is unconscious
c. By means of fraudulent machination
or grave abuse of authority
d. The woman is under 12 or is demented
Note: Contemplates a violation of the body’s
orifices
(which includes penetration by a finger)
1. When the victim is under 18 and the offender is a parent, ascendant, step‐parent, guardian, relative by
consanguinity or affinity within the 3rd civil degree, or the common law spouse of the victim’s parent

2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution

3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within
the 3rd civil degree of consanguinity

4. When the victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the commission of the crime

5. When the victim is a child below 7 years old

6. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmitted diseases and
the virus/disease is transmitted to the victim

7. When committed by any member of the AFP or paramilitary units thereof or the PNP or any law
enforcement agency or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime

8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or
disability

9. When the offender knew of the pregnancy of the offended party at the time of the commission of the
crime

10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the offense

NOTE: Under 12 years old, always a statutory rape

KIDNAPPING AND SERIOUS ILLEGAL DETENTION

- The offender is a private individual who unlawfully kidnaps or detains another or deprives him of his
liberty with the attendance of any of the following: detention lasts for more than 3 days, it is done
simulating public authority, inflicting serious physical injuries or threats to kill him are made; and the
victim is a female, minor or a public officer
- Or even without those circumstances this felony is applicable if the purpose is to extort ransom, called
KIDNAPPING FOR RANSOM
 - Or when the victim is killed or dies as consequence of detention or is raped or is subjected to torture or
dehumanizing acts; in these cases there is only one crime where those acts are merged in a composite
integrated whole or called SPECIAL COMPLEX CRIMES- Serious Illegal Detention or Kidnapping
with Murder, Serious Illegal Detention or Kidnapping with Rape, Serious Illegal Detention or
Kidnapping with Physical Injuries

Distinguish Kidnapping with Rape and Forcible Abduction with Rape

The first is a Special Complex Crime meaning there is only one felony while the second is a simple complex
crime, there are two felonies namely forcible abduction and rape. If rape was committed multiple times, in the
former, it is still one count of rape merge in Kidnapping with rape. While in the latter, the number of rape is
counted and filed separately, for instance Forcible abduction with 4 counts of rape. If rape is attempted only it is
absorbed in lewd designs contemplated in forcible abduction.

SLIGHT ILLEGAL DETENTION

Same above for paragraph 1 but no attendance of the circumstances enumerated

QUALIFIED TRESSPASS TO DWELLING

-a private individual enters the dwelling of another against the latter’s will; it is qualified if it is accompanied by
violence or intimidation

-the meaning of ‘DWELLING’ depends upon the use of the building it is put to; it may include a room when it
is occupied by the person for rest and comfort

Exception:

1. When the entrance is for preventing some serious harm to himself, the occupant or third person
2. If it is to render some service to humanity or justice
3. If it is in an open café, tavern, inn or public houses

OTHER FORMS OF TRESSPASS

1. The offender enters the closed premises or fenced estate of another

2. Entrance is made while the area is uninhabited

3. The prohibition to enter is manifest

4. The trespasser has notsecured the owner or caretaker’s permission

GRAVE THREATS VS GRAVE COERCION

‐In grave threats, there is mere employment of fear; and the act was not intended to commit the 2 modes of
coercion (i.e.: forcing a person to do something he doesn’t want to do; preventing him from doing
something lawful); the violence here is not actual, merely futuristic

‐In grave coercion, the intimidation employed goes hand in hand with compulsion or prevention of an
individual’s will; the violence here is actually employed

ROBBERY
 - 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

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON

-There are 7 enumerated circumstance, break down into the following SPECIAL COMPLEX CRIMES:

1. ROBBERY WITH HOMICIDE

2. ROBBERY WITH RAPE OR INTENTIONAL MUTILATION

3. ROBBERY WITH SERIOUS PHYSICAL INJURIES

4. ROBBERY WITH UNNECESSARY VIOLENCE AND INTIMIDATION

ROBBERY WITH PHYSICAL INJURIES COMMITTED IN AN UNINHABITED PLACE AND BY A

BAND, OR WITH THE USE OF FIREARM, ON A STREET, ROAD OR ALLEY

-this contemplates qualifying circumstances for robbery

ROBBERY BY A BAND

-more than 3 armed malefactors take part in the commission of robbery

ROBBERY WITH THE USE OF FORCE UPON THINGS

1. Entered a house or building by any of the means specified in art.299 or 302; or

2. Even if there was no entrance by any of those means, he broke a wardrobe, chest or any other kind of
locked/closed/sealed furniture or receptacle in the house or building; or he took the same away to be broken or
forced open outside the building

BRIGANDAGE

Brigandage is a crime committed by more than 3 armed persons who form a band of robbers for the purpose of
committing robbery in the highways; or kidnapping persons for the purpose of extortion or to obtain ransom
for any other purpose to be attained by means of force or violence

THEFT

- Taking of personal property of another with intent to gain and without consent of the owner
accomplished without the use of violence and intimidation or force upon things

Who are liable?

1. Those who –

a. With intent to gain

b. But without violence against persons nor force upon things

c. Take personal property belonging to another

d. Without the latter’s consent

2. Those who –

a. Having found lost property

b. Fail to deliver the same to local authorities or to its owner

3. Those who –

a. After having maliciously damaged the property of another

b. Remove or make use of the fruits or object of the damage caused by them

4. Those who –

a. Enter and enclosed state or field

b. Where trespass is forbidden or which belongs to another without the consent of its owner

c. To hunt or fish upon the same or gather fruits, cereals or other forest/farm products

QUALIFIED THEFT

1. If the act is committed by a domestic servant

2. If it was committed with grave abuse of confidence

3. If the property stolen is –

a. A motor vehicle; b. Mail matter; c. Large cattle

4. If the property stolen consists of coconuts taken from the plantation

5. If the property stolen is fish taken from a fishpond or fishery

6. If the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption or any

other calamity, vehicular accident or civil disturbance

SWINDLING-ESTAFA

ESTAFA UNDER ART. 315

Elements of Estafa IN GENERAL:
ESTAFA UNDER ART. 315
1. The accused defrauded another
a. By abuse of confidence or
b. By means of deceit (fraudulent acts/fraudulent means)
2. Damage or Prejudice capable of pecuniary estimation is caused to the offended party or to a third person
ESTAFA
ESTAFA ESTAFA
THROUGH
WITH UNFAITHFULNESS OR BY MEANS OF FALSE PRETENSES
FRAUDULENT
ABUSE OF CONFIDENCE OR FRAUDULENT ACTS (Art.315,
MEANS
(Art.315, No.1) No.2)
(Art.315, No.3)
a) By altering the substance, a) By using fictitious name, or falsely a) By inducing
quantity or quality of anything of pretending to possess power, influence, another, by means of

value
b) By misappropriating or
converting money, goods or any
other personal property received in
trust, or on commission or for
b) By altering the quality, fineness, or weight
administration, or under any
of anything pertaining to his art or business
obligation involving the duty to
make delivery of, or to return the
same; or by denying having
received such goods/money
c) By taking undue advantage of
the signature of the offended party
in blank, and by writing any
document above such signature in
blank
ARSON
- Any person who burns or sets fire to the property of another
MALICIOUS MISCHIEF
- Any person who deliberately causes damage to another’s property and who does not fall within the
provisions of the next preceding chapter (arson, other crimes involving destruction)
PERSONS EXEMPT FROM CRIMINAL LIABILITY
*Crimes involved:
1. Theft
2. Swindling/Estafa
3. Malicious Mischief
qualifications, property, credit, agency,
deceit, to sign any
business or imaginary transactions; or by other
document
similar deceits
b) By resorting to
some fraudulent
practice to insure
success in a gambling
game
c) By removing,
concealing, or
c) By pretending to have bribed any destroying any court
Government employee record, office files,
document or any other
papers
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
e) By obtaining any food, refreshment, or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house and the like without paying therefor; or
by obtaining credit at the said places by the use
of false pretense; or by abandoning or
surreptitiously removing any part of his
baggage
from the same without paying for his food,
refreshment or
accommodation
*Persons Exempted:

1. Spouses, ascendants and descendants, relatives by affinity in the same line

2. Widowed spouse who commits any of the 3 crimes above with respect to the property which belonged to the
deceased spouse before the same passed into the possession of another

3. Brothers and sisters, and brothers‐in‐law, sisters‐in‐law, if living together

ADULTERY

- When a married woman has sexual relations with a man not her husband and the man has carnal
knowledge of her, knowing her to be married, even if the marriage be subsequently declared void

CONCUBINAGE

- When a married man keeps a mistress in the conjugal dwelling or has sexual relations under scandalous
circumstances with a woman not his wife or cohabits with her in another place; with respect to the
woman she must know him to be married

ACTS OF LASCIVIOUSNESS

-The offender commits any act of lasciviousness or lewdness against a person of either sex accompanied by any
of the following circumstances:

a. Using force or intimidation

b. The offended party is deprived of reason or is unconscious

c. By means of fraudulent machination or grave abuse of authority

d. The offended party is under 12 years old or demented

SEDUCTION

- Enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion
without the use of force

QUALIFIED SEDUCTION

1. Seduction of a virgin over 12 and under 18 by certain persons (i.e.: person in authority, etc.)

2. Seduction of a sister by her brother, or descendant by her ascendant regardless or her age or reputation

SIMPLE SEDUCTION

Elements:

1. The offender party is over 12 years old, but under 18

2. She is of good reputation, single or a widow

3. The offender has sexual intercourse with her

4. The act is done by means of deceit

ACTS OF LASCIVIOUSNESSWITH THE CONSENT OF THE OFFENDED PARTY

*Elements:

1. The offender commits acts of lasciviousness or lewdness

2. The acts are committed upon a woman who is a virgin, single or widow of good reputation, under 18 but over
12 years old; or a sister or descendant

3. The offender accomplishes the acts by abuse of authority, confidence, relationship or deceit

CORRUPTIONOF MINORS

*The promotion or facilitation of prostitution or corruption of persons under age to satisfy the lust of another

ABDUCTION

-The taking away of a woman from her house or place where she may be for the purpose of carrying her to
another place with intent to marry or corrupt her

FORCIBLE ABDUCTION

*Elements:

1. The person abducted is any woman, regardless of age, civil status, or reputation

2. The abduction is against her will

3. The abduction is carried out with lewd designs

CONSENTED ABDUCTION

*Elements:

1. The offended party must be a virgin

2. She must be over 12 years old, but under 18

3. The taking away must be with her consent, after solicitation or cajolery from the offender

4. The taking away must be with lewd designs

BIGAMY

PREMATURE MARRIAGES

*Persons Liable:

1. Any widow who married within 301 days from the death of her husband, or before having delivered if she is
pregnant at the time of his death

2. A woman who, her marriage having been annulled or dissolved, married before her delivery or before the
expiration of the period of 301 days after the date of the legal separation

LIBEL
- a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the dishonour, discredit or contempt of a natural or juridical
person, or to blacken the memory of one who is dead

-Defamation committed by means of writing, printing, lithography, engraving, radio,

phonograph, painting or theatrical or cinematographic exhibition or any similar means

PROHIBITED PUBLICATIONOF ACTS REFERRED TO IN THE COURSE OF OFFICIAL

PROCEEDINGS

*Elements:

1. The offender is a reporter, editor, or manager of a newspaper daily or magazine

2. He publishes facts connected with the private life of another

3. Such facts are offensive to the honour, virtue and reputation of said person

SLANDER

*Slander: oral defamation; libel committed by oral or spoken means instead of in writing

*Factors that determine the gravity of Oral Defamation:

1. Expressions used

2. Personal relation of the accused and the offended party

3. Circumstances surrounding the case

4. Social standing or position of the offended party

*The slander need not be personally heard by the offended party

IMPRUDENCE AND NEGLIGENCE

1. By committing through reckless imprudence any act which, had it been intentional, would

constitute a grave or less grave or light felony

2. By committing through simple imprudence or negligence an at which would otherwise

constitute a grave or a lessserious felony

3. By causing damage to the property of another through reckless imprudence or simple

imprudence or negligence

4. By causing through simple imprudence or negligence some wrong, which if done maliciously,

would have constituted a light felony