CHAPTER 18

DEATH OR PHYSICAL INJURIES DUE TO AUTOMOTIVE CRASH OR ACCIDENT

​DEFINE | TERMS
· Collision
- The violent contact of one vehicle—such as an automobile, ship, or boat—with
another vehicle.
· Front Impact Crash
- often referred to as a head-on collision
- occurs when the front-ends of two vehicles collide into each other
· Side Impact Crash
- also know as a T-bone collision or a broadside collision
- may occur when a vehicle strikes on the side of another vehicle or when a vehicle
skids sideways into another fixed object.
· Rear Impact Crash
- occurs when one car hits the car in front of it from behind. This impact could result in
damages ranging from a minor fender bender to a complete totaling of both cars.
· Roll Over Crash
- Also known as Turn-Turtle Impact
- a type of vehicle crash in which a vehicle tips over onto its side or roof
- Rollovers have a higher fatality rate than other types of vehicle collisions.
· Ejection of the Occupant
- An occupant ejection is when a driver or passenger is partially or fully propelled from
their vehicle during a collision.
· Suicidal Crash
- usually a single vehicle and single occupant crash
- A head on collision with roadside object, pole or bridge support at a high speed.
· Acceleration-Deceleration Injury
- The backward and forward movement of the head is known as
acceleration-deceleration injury" or "whiplash".
- It may result to muscle spasm or injury to the ligament of the neck resulting to pain.

KNOW

·Automotive Crash [Human factor, Environmental factor, Mechanical factor]

1. Human Factor (Driver):

a. Mental Attitude — reckless driving, showing of, inattention, fatigue, inexperience.

b. Perceptive Defect — Defective vision incapable of seeing an impending crash or defective hearing,
unable to perceive whistle of train or automotive horn.
c. Delayed or Sluggish Reaction Time — Reaction time is the space of time the driver perceives an
impending danger and the actual application of the brake. A quick reaction time may prevent the
occurrence of a crash by sudden deceleration before the impact occurs.

d. Disease — The driver may develop an epileptic fit or suffer from a heart attack while on the
steering wheel.

e. Chemical Factor — Alcohol is the most common. It blurs and diminishes the field of vision, blunts
the senses of hearing and makes sluggish response to an impending danger.

Depressant drugs, like sedatives, tranquilizers, and narcotics do prolong the reaction time, impairs the
power of decision and rational thinking.

Smoking marijuana may interfere with time and space perception, and attention to complicated task of
driving.

A leak in the exhaust system of the vehicle may cause entry of carbon monoxide into the passengers
compartment, especially in the air-conditioned cars, and may cause unconsciousness of the occupants
including the driver due to poisoning.

Other drugs, especially psychotrophic, may cause delirium, unconsciousness which may cause
impairment of reaction to a traffic situation.

2. Environmental Factor :

Bad or poorly maintained roads, poor visibility, atmosphere, rain, blind intersection, parked vehicle
obstructing the view, trees too close to the road, absence of road signs, etc. have contributed to the
occurrence of crash. In highways, the absence of railing on the side of the road beside a deep ravine,
precaution signs and speed limits, curve or narrow strip have been responsible for many fatalities.

Stiff and slippery road may prolong the sked time. Sked time is the space of time between the actual
application of the brake and the stopping of car. Sked time is influenced by the condition of the tire,
condition of the ground and the amount of weight of the load. Cars moving with worn out tires, on a
sloping and slippery road have the tendency to prolong the sked time.

3. Mechanical Factor:

Defect in the steering wheel, poor brake, transmission failure, worn out tires, unstable body are
potential source of vehicular crash. The advent of modern high power engine and high octane fuel are
conducive to high speed sometimes beyond the control of the driver. This is further enhanced with
automatic transmission which diminishes human factor in the control of the vehicle.
·Pedestrian-Vehicle Collision

Pedestrian's injury or death is usually the result of two impacts both of which are capable of doing

causing severe trauma.

1. Primary Impact:

This is the first violent contact between the pedestrian and the motor vehicle. Usually, the front
bumper hits the leg of the victim. The severity of the injury depends on the position of the victim
when the impact occurred, speed of the moving vehicle, and the amount of bodily support (clothings
and other apparel the victim was wearing).

The movement of the body after the primary impact depends on the location of the impact. If the
contact is below the center of gravity, the tendency of the body is to move backwards to hit the hood,
windshield or even the top of the car. The average height of the bumper is 40 to 60 cms. from the
ground and considering the pedestrian with shoes on, the most common site of the impact is the upper
portion* of the leg. However, if the driver had effectively applied the brake before the impact
occurred, the place of contact will be on a much lower level. This is due to the downward dive of the
front end of the vehicle immediately following the application of the brake.

Fracture of the leg bones as a consequence of the primary impact is called bumper fracture. The leg
carrying the body weight has more tendency to be fractured. If the victim is standing and the body
weight is supported by both legs, there is more chance for the bones of both legs to be fractured. The
end of the fracture usually protrudes through the skin opposite the place of contact of the leg with the
bumper.

2. Secondary Impact:

This is the subsequent impact of the pedestrian to the ground after the first impact. The injury
sustained by the pedestrian depends mostly on the force of the ground impact, nature of the road and
part of the body involved. It is the secondary impact that accounts for the multiple abrasions and
contusions on the body of the pedestrian-victim.

3. Run Over Injuries:

Children who receive the primary impact above the center of gravity may fall on the ground with the
car wheel passing over the body. The pedestrian may be run over by the moving vehicle during the
initial impact or thereafter. Crash fracture, skid or tire marks, rupture of organs and internal
hemorrhage may be seen at autopsy. Usually, the victim dies of shock and death that in most cases it
is instantaneous, especially when there is a crashing injury on the head.

4. Hit-and-run Injuries:

A fast moving vehicle may run over, hit or side-swipe a pedestrian or collide with another vehicle or
fixed object and get away from the scene without regard to the unfortunate victim. This usually
happens when the driver is drunk or "high", at night time, in an isolated road and with no
eyewitnesses or someone who could take note of the identity of the vehicle.

· Motorcycle Crash

Reasons Why there is a High Percentage of Motorcycle Crash:

1. A motorcycle can attain a high speed compared with other ordinary road vehicle.

2. It has a small profile that the driver of other vehicles may fail to see it.

3. At high speed and frequently in curves, the cyclist may lose control of the bike. It may hit a fixed
object, the tire may skid, or the cyclist may be drunk.

Whenever the motorcycle strikes another vehicle or a fixed object the injuries is quite severe because:

1. There are so little crushable materials to absorb the impact that the motorist himself is
subjected to the severe force.

2. No restraint system is available to keep the operator and the passenger on the bike and as a
result, ejection from the motorcycle is common.

DIFFERENTIATE

·First Collision | Second Collision

In automotive crash, there are two collisions that take place, namely:

1. First Collision — the impact of the moving vehicle with another vehicle or a fixed
object. The moving vehicle rapidly decelerates and stops after the impact. The degree
of damage on the vehicle depends on the speed and part of the vehicle involved.

2. Second Collision — This is the impact of the unrestrained occupants with the
interior of the vehicle. Immediately, after the first collision, the occupants move in the
same direction and at the same velocity towards the point of impact. That is, in the
front impact, the occupants moves forward and in the side impact the passengers or
driver moves towards the side that was involved in the first collision. If the vehicle is
not put into a stop after the first collision, the unrestrained occupants will continue to
strike to some parts of the interior of the vehicle.

EXPLAIN | DISCUSS
· Medico-legal importance of Autopsy in Vehicular Accidents

Although, it may appear incontrovertibly clear as to the cause of death of a victim of

vehicular crash, it is still imperative to perform the routine post-mortem examination for the
following reasons:

1. The examiner can give his opinion as to the deceased's position in the vehicle or the
pattern of the injuries correlated to the point of contact with the vehicle.

2. Examination will determine whether death occurred as a result of the crash and not due to
a natural disease, poisoning, gunshot wound or other causes prior to the crash.

3. In cases when more than one member of the family died in a crash, the examiner can
form an opinion as to who from among them survived the longest. The question of
survivorship may be important in the settlement of the estate.

4. The size of the monetary reward in a civil suit may depend on the nature and extent of the
injuries suffered. The injuries that were found will determine the pain and suffering of the
victim and may be one of the basis of damages.

ENUMERATE
· ​ Factors responsible to an Automotive Crash

1.​ ​Displacement of the occupants within the vehicle with impact against structures

2.​ ​Ejection

3.​ ​Distribution of the passengers in the compartment resulting in direct impact injuries

· COD of death of PV collisions

1. ​Primary Impact​: This is the first violent contact between the pedestrian and the motor
vehicle. Usually, the front bumper hits the leg of the victim. The severity of the injury
depends on the position of the victim when the impact occurred, speed of the moving
vehicle, and the amount of bodily support (clothings and other apparel the victim was
wearing).

The movement of the body after the primary impact depends on the location of the impact. If
the contact is below the center of gravity, the tendency of the body is to move backwards to
hit the hood, windshield or even the top of the car. The average height of the bumper is 40 to
60 cms. from the ground and considering the pedestrian with shoes on, the most common
site of the impact is the upper portion* of the leg. However, if the driver had effectively
applied the brake before the impact occurred, the place of contact will be on a much lower
level. This is due to the downward dive of the front end of the vehicle immediately following
the application of the brake. Fracture of the leg bones as a consequence of the primary
impact is called bumper fracture. The leg carrying the body weight has more tendency to be
fractured. If the victim is standing and the body weight is supported by both legs, there is
more chance for the bones of both legs to be fractured. The end of the fracture usually
protrudes through the skin opposite the place of contact of the leg with the bumper.

If the primary impact is above the center of gravity of the pedestrian, the tendency of the
body is to move away from the vehicle and fall on the ground. If the brake was applied
during or immediately after the crash the car slow down faster than the movement of the
pedestrian who continues moving forward and land on the road. If no brake was applied
during the accident and at high speed, the pedestrian will pass over the top of the hood,
windshield and windshield frame.

2. ​Secondary Impact​: This is the subsequent impact of the pedestrian to the ground after
the first impact. The injury sustained by the pedestrian depends mostly on the force of the
ground impact, nature of the road and part of the body involved. It is the secondary impact
that accounts for the multiple abrasions and contusions on the body of the pedestrian-victim.

3. ​Run Over Injuries​: Children who receive the primary impact above the center of gravity
may fall on the ground with the car wheel passing over the body. The pedestrian may be run
over by the moving vehicle during the initial impact or thereafter. Crash fracture, skid or tire
marks, rupture of organs and internal hemorrhage may be seen at autopsy. Usually, the
victim dies of shock and death that in most cases it is instantaneous, especially when there
is a crashing injury on the head.

4. ​Hit-and-run Injuries​: A fast moving vehicle may run over, hit or side-swipe a pedestrian
or collide with another vehicle or fixed object and get away from the scene without regard to
the unfortunate victim. This usually happens when the driver is drunk or "high", at night time,
in an isolated road and with no eyewitnesses or someone who could take note of the identity
of the vehicle.

Tire thread marks, abrasion prints of parts of the vehicle in contact with the victim and paint
detached from the vehicle found in the crime scene or body of the victim may be submitted
for laboratory analysis, for comparison with that one of the suspect car. The suspected car
may be examined for the presence of blood stains, hair or clothings of the victim for
comparison with that one of the victim.

If the car has been damaged as a result of the impact, the investigator must make a diligent
search of it in the motor shops. Eyewitness may be able to take note of the plate number
and the identity of the vehicle can be checked at the Land Transportation Commission.

· Evidences in Vehicular Crash

1. From the Scene of the Crime:

a. The area of the road where the collision took place and the point of impact on the vehicle.
A photograph or sketch must be taken to determine who violated the traffic rules and
regulation.

b. The skid and tire marks on the road must be noted and preserved to determine identity of
the vehicle and whether the driver stepped on the brake immediately before the crash.

c. Condition and position of the victim (pedestrian or occupants).

d. Condition of the vehicle involved in the crash and of other structures in the vicinity.

e. Blood, paint stains, pieces of clothings that may be found in the body of the victim, ground
or on the vehicle.

f. Narrations of witnesses as to how the incident took place including the identity of the
vehicle and the victims.

2. From the Driver:

a. Fitness to drive — Capacity to manipulate the steering wheel, step on the brake and
accelerator, visual and hearing perception, reflex time, heart condition, history of epileptic
seizure, etc..

b. Alcoholic drunkenness — A person with at least 0.15% alcohol in the blood is considered
drunk. Some countries consider it a crime driving with only 0.05% blood alcohol.

Examination for the presence of psychotropic, sedative or narcotic drugs in the blood may be
useful.

c. Injuries due to second collision — Like steering hub imprint, fractured skull, multiple
abrasions and laceration of the face and scalp, fracture of the leg bones, ribs and sternum.

3. From the Victim in Vehicle-Pedestrian Collision:

a. Crush Injury: The victim may manifest crushing injuries on the head with multiple fractures
at different parts of the body. Usually, the injuries are localized in certain areas of the body,
especially when the victim is run over by the vehicle. All ribs may be fractured. Injuries of
whatever description may be found.

b. Tire Thread Marks: The pressure of the tire on the body surface may produce abrasion
marks. This may be utilized in the identification of the vehicle in "hit and run" cases.

c. A brasion Marks: The most common is the mark of the radiator, if the portion of the body
of the victim hits the radiator of the vehicle.

d. Paint Marks: Occasionally, the portion of the car that produces the injury leaves its paint
on the skin or clothings of the victim. The paint may be scraped for the purpose of comparing
it with the suspect's car.
e. Blood, Hair or Clothings of the Victim: These may be found sticking on the part of the
vehicle which hit the victim. A careful removal and submission to the laboratory for
comparison with that of the victim's is important.

f. Physical Defects of the Victim: This may diminish the power of the victim to prevent the
injury like poor eyesight, sluggish response to a given stimulus, etc..

g. Inebriation of the Victim: The victim might have been under the influence of alcohol and
other depressant drugs. If dead, the organs principally the blood and brain must be
submitted for quantitative determination of alcohol.

CHAPTER 19
DEATH OR PHYSICAL INJURIES DUE TO ATHLETIC SPORTS

DEFINE | TERMS
· Sports Development ​(from the internet)
Sports development is the development of a sport that concentrates on
improving the performance and participation. Also, it concentrates on
how sports can benefit society.
· Athlete ​(from the internet)
Person who is proficient in sports and other forms of physical exercise.
KNOW
· Boxing
a sport is sometimes described as an "organized brutality", "slaughter"
and "carnage". Unlike other sports, the primary objective of the
combatants is to knock out or win by decision by delivering stunning or
weakening punches. Generally, in most sports, the infliction of physical
injuries are purely accidental but in boxing, it is the direct and primary
objective of the combatants. So in this respect, boxing is considered to
be one of the most brutal among the athletic sports.
· Wrestling
the sport or activity of grappling with an opponent and trying to throw or
hold them down on the ground, typically according to a code of rules.

· Contact Sports ​(from the internet)

a sport in which the participants necessarily come into bodily contact
with one another.

· Knock-Out ​(from the internet)

make a person unconscious, typically with a blow to the head.

DIFFERENTIATE
· Rotation (Angular) Acceleration blow | Linear (Translational)
Acceleration

Rotation acceleration blow is a blow which causes the rotation of the

movable head will cause the inert brain to lag behind the accelerated
skull. This is particularly true to a groggy fighter who has lost control of
his neck muscles in the head which is most susceptible to sudden
acceleration.

Linear acceleration is a straight blow on the face may cause focal

ischemic lesions, notably in the cerebellum. Vascular spasm
associated with focal ischemia are known to occur after subarachnoid
hemorrhage and often manifest themselves a few days after bleeding.
In groggy boxers, sudden linear acceleration also may produce
hyperextension of the neck, which is known to damage axons of the
medullary-pontine angle and the reticular substance, resulting to a
knockout.

EXPLAIN | DISCUSS
· Reasons why Boxing should be prohibited, and should be permitted
1. Reasons Why Boxing Should Not Be Prohibited:
A. It takes wayward youths who are victims of the educational
system off the streets;
B. It teaches them self-discipline and controls and reinforces the
adage that nothing of value is acquired without hardwork and
sacrifice.
C. Self-confidence can only be promoted through an individual
sport where the athlete must rely on his own talent and believes
in his own ability. Only through conflict can hidden resources
surface.
 2. Reasons Why Boxing Should be Prohibited:
A. There is too much risk of death or injury to the participants.
B. Unlike other sports, the intention of the combatants is to produce
injury as a principal way to win the contest. So, young men
should be discouraged from a pugilistic career.

ENUMERATE
· Aspects of Sports Development
1. Training Method:
To develop weight-lifting, a lifter must lift a very heavy weight during his
practice. To develop speed, a runner must run very fast during his
practice.

Besides, two or three intense workout each week, an athlete also

needs one endurance workout.

2. Injuries:
If the athlete is injured, he is rehabilitated by not allowing him to
participate in the sport that caused the injury and by finding another
sport that does not cause pain.

Every time the muscles are exercised intensely, injuries occur and it
will take at least 48 hours for the muscles to heal.

Future recurrence is being prevented by correcting the cause of the

injury. Although, continuous exercise despite the pain will result in
further injury, neither is it necessary to stop exercising altogether. For
every week without exercise, it may take several weeks of training to
regain prior condition.

3. Nutrition:

Muscle endurance depends on how much glycogen can be stored in

the muscle cells. The glycogen storing capacity can be increased by
exercising the muscles until most of the glycogen is depleted.
Depletion, in the average top runner, occurs at 1-½ to 2 hours while on
a bicycle racer it is 3 to 5 hours.

Competitive athletes need to eat large amount of carbohydrate rich

foods to help them store glycose as liver and muscle glycogen.
 Increase glycogen storage in muscle results in an increase of muscle
endurance.

The pre-game meal should be eaten 3 to 5 hours before competition.

The liver can store enough glycogen to last for 12 to 15 hours. Skipping
breakfast before competition can result in hypoglycemia and tiredness
during competition.

Food should be eaten within 3 hours before competition because

postprandial hyperinsulinemia last for 2 to 3 hours. Hyperinsulinemia at
the start of exercise can cause hypoglycemia and fatigue. Athletes'
greatest nutritional need is fluid. Athletes should drink cold water
because it is absorbed faster and less likely to produce cramps.

· Potential Injuries in Boxing

A. Inasmuch as the face is the target of the attack by the combatants, the
most common site of lacerated wound is the region of the eyebrow and
the cheek (malar region). Bleeding comes from the small blood vessels
which are crushed between the superficial bone and the force applied.
Bleeding from the eyebrow may drip downwards to the eye and causes
irritation and blurring of vision. If bleeding cannot be controlled on
account of the severity of the injury, the referee may stop the bout.
Protagonist may be knocked down or accidentally fall on the canvass
causing laceration of the scalp.
B. Serous effusion on the loose tissue around the eyeball and in the eyelid
may cause puffiness and closing of the eye. Hemorrhage due to the
rupture of the blood vessels or the fracture of the orbital plate of the
frontal bone may cause swelling and discoloration in or around the eye,
known as spectacle hematoma may develop.
C. Trauma on the pinna of the ear may produce hematoma with
subsequent necrosis of the auricular cartilage. After healing and
scarring process, the pinnas appear to be thick and irregular, known as
cauliflower ears.
D. Fracture of the nasal septum, mandible and maxillary bone may
develop as a consequence of a hard hook or a straight blow. Fracture
of the skull is quite unusual to develop because of the difficulty to do so
with a gloved fist. However, an unconscious fall on the canvass may
cause it.
E. Retinal detachment is one of the serious hazards of boxing as it may
cause partial or complete loss of vision.
F. Muscle cramps, sprain and dislocation may occur and may force the
boxer to give up the fight.
G. A kidney punch may cause peri-renal hemorrhage or laceration of the
kidney that causes it to lose its function and subsequent uremia.
 H. A blow on the face may cause laceration of the lip and buccal mucosa
with loosening or detachment of the teeth.
I. Intracranial injuries may cause serious sequelae of death to the boxer.
1. Cerebral concussion or the transitory period of unconsciousness is a
result from a blow on the head that may last for a few seconds or
longer. The loss of consciousness should never be dismissed lightly
because recovery may only be an interlude to some serious
intracranial changes.

2. Subdural hemorrhage is the most common injury which may be

localized or extensive. The most common site of hemorrhage is the
middle cranial fossa. A blow on the jaw is transmitted to the
temporo-mandibular joint and then to the middle cranial fossa.
Repeated trauma on the skull cause tearing of the dural emmissary
veins.

3. Pontine hemorrhage, known to some as boxers hemorrhage may be

the result of severe beating. The acute flexion and extension of the
head during a series of blows may cause the brain stem to be
pinched over the tentorium causing hemorrhage.

CHAPTER 20
CHILD ABUSE OR NEGLECTED CHILD
DEFINE | TERMS
· Child Neglect - Neglect is frequently defined as the failure of a parent
or other person with responsibility for the child to provide needed food, clothing, shelter,
medical care, or supervision to the degree that the child's health, safety, and well-being are
threatened with harm. (Children’s bureau, USA) (also see page 479)
· Child Abuse - the infliction of physical or psychological injury, cruelty to, or neglect,
sexual abuse or exploitation of a child.
· Battery - refers to the actual act causing the physical harm. (Please look for different
definition to avoid having similar answers)
· Assault - refers to the act which causes the victim to apprehend imminent physical
harm. ( please look for different definition to avoid similar answers)

KNOW
· Acts or Omissions Affecting Child Welfare
1. Physical Abuse — The law allows chastisement for discipline but it may be
physical abuse when it involves the use of instrument or fist blow. It may
include the act of physical or emotional persuasion that forces or places the
child in a potentially dangerous situation in which the subsequent and
significant physical injuries are severe enough to require medical treatment.
 2. Physical Neglect — It is the failure to provide the child with the necessities of
life. It may include inadequate or insufficient medical care, nourishment,
clothings, supervision, housing, or the like. The failure to provide must be
willful. (479)
· Other Battered Victims
1. Battered wife — The wife may be periodically subjected to maltreatment by the
husband on the account of jealousy, infidelity, or incompatability of character. Attempt
of the husband on the life of the wife is one ground for a legal separation.
2. Battered grannies (battered grandfather or battered grandmother) — Elderly persons
may be extremely demanding, seeking more attention from the caring descendant or
with child-like behavior which may be irritating and which may cause infliction of
physical injuries. The same situation may happen where an over-demanding boarder
may suffer maltreatment from the overworked caretaker of the home for the aged
(484).

● Laws involved in:

● Child and Youth Welfare Code {General Duties of Parents | Report of Maltreated or Abused
Child | Freedom from Liability of the reporting Person or Institution

● Right of Parents | Right to discipline the child

Art. 45, Right to Discipline the Child — Parents have the right to discipline the child as may be necessary for the
formation of his good character, and may therefore require from him obedience to just and reasonable rules,
suggestions and admonitions.

● Deprivation of Parent’s Authority

Art. 332, Civil Code: The court may deprive the parents of their authority or suspend the exercise of the same if
they should treat their children with excessive harshness or should give them corrupting orders, counsels or
examples, or should make them beg or abandon them. In these cases, the court .. . or adopt such measures as
they may deem advisable in the interest of the child.

The court has a wide range of powers designed to give the highest practicable degree of flexibility in making
dispositional decision.

The judge may simply warn parents or counsel them. He may order medical and psychiatric treatment for the
child and/or for the parents. He may order the child to be in a protective supervision in a welfare home. Although
the parents have the right of custody of their children, the children have also the right to live.

The judge must exercise sound discretion in balancing

their respective interests.

● Duties of Parents under the Civil Code

Art. 46, The Child and Youth Welfare Code — General Duties:

Parents shall have the following general duties toward their children:

1. To give him affection, companionship and understanding;

 2. To extend to him the benefits of moral guidance, self-discipline and religious instruction;
3. To supervise his activities, including his recreation;
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment
to his country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the civil Code: Support is everything
that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social
position of the family. Support also includes the education of the person entitled to be supported until he
completes his education or training for some profession, trade or vocation, even beyond the age of
majority.
9. To administer his property, if any, according to his best interest, subject to the provision of Article 320 of
the Civil Code: The father, or in his absence the mother, is the legal administrator of the property
pertaining to the child under parental authority. If the property is worth more than two thousand pesos,
the father or mother shall give a bond subject to the approval of the Court of First Instance.

● Parricide

Art. 246, Revised Penal Code — Parricide: Any person who shall kill his father, mother or child, whether
legitimate or illegitimate, or any of his ascendants, or his spouse, shall be guilty of parricide and be punished by
the penalty of reclusion perpetua to death.

● Abandoning a Minor

(1) Art. 276, Revised Penal Code —Abandoning a minor: The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon anyone who shall abandon a child under seven years of age, the custody of
which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the
penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the preceding paragraphs shall not prevent the imposition of the penalty provided for
the act committed, when the same shall constitute a more serious offense.

(2) Art. 277, Revised Penal Code — Abandonment of minor by person entrusted with his custody; indifference of
parents: The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who,
having charged with the rearing or education of a minor, shall deliver the said minor to a public institution or other
persons, without the consent of the one who entrusted such child to his care or in the absence of the latter,
without the consent of the proper authorities.

The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the
education which their station in life requires and their financial condition permits.

● VAWC

DIFFERENTIATE

● Child Abuser: Intermittent | One-time | Constant | Ignorant

1. Intermittent Child Abuser — Parents who periodically batter a child with periods of proper care between
battering. They do not intend to hurt the child, but they are driven by panic or compulsion into abusive
behavior. Apparently they become sincerely remorseful afterwards.
 2. One-time Child Abuser — Parents who manhandle their children for a time and never repeat the act.
However, there is more like hood for a one-time abuser to repeat the act until the child is killed or had
experienced a sudden surge or self-restraint.
3. Constant Child Abuser — Parent who actually hates his or her child and callously and deliberately
beats and miscares for it. Parent had the intention to hurt the child and be indifferent to the child's
sufferings. These parents often have personality disorders and are cooly indifferent to the destructive
nature of their action.
4. Ignorant Abuser — This group is perhaps the most tragic because the parents "mean" well, but their
attempts at rearing their children result in a permanent injury or death of their children, and they are
"truly sorry" when the child dies.

EXPLAIN | DISCUSS

Explain

● Social Reaction to Child Abuse and Neglect

a. Report of Maltreated or Abused Child

The Child and Youth Welfare Code requires mandatory reporting by

physicians and medical institutions of any case of child abuse, neglect,
maltreatment or abandonment or exposure to moral danger to the city or
provincial fiscal or the DSWD within 48 hours from knowledge thereof.

Thus, through the Code, the hesitant physician or medical institution is

compelled to report such child abuse or neglect so that proper remedial
measures can be applied to protect the child. Further, although the
information divulged by the physician is privileged or confidential and he
normally has no right to disclose the same, the Code provides for freedom
from liability of the reporting person, thereby placing the traditional right of the
child above the parent's right to the privileged communication.

However, the said provision also has disadvantages. One is causing the
abusing parents to be reluctant from seeking medical aid for the abused child
thereby increasing the health hazard of the child. Moreover, it is said that the
law's concentration on one child as seen by a physician fails to concern itself
with the possibility of danger to the other siblings within the family. Lastly, if
the reported parents are exonerated, released and reunited with the family,
the pent-up anger felt against the authority may be released against the
vulnerable child.

b. Deprivation of Parents' Authority Over the Child

Under Art 332 of the Civil Code, the court may deprive parents of their
authority over the child or adopt other measures for the welfare of the child if
they should treat their children with excessive harshness or should give them
 corrupting orders, counsels or examples, or should make them beg or
abandon them.

This requires the sound discretion of the concerned judge in balancing the
respective interests of the child and the parents. Although the parents have
the right of custody of their children, the children have also the right to live.

c. Care Institutions

Public and private welfare institutions are established for the care of people
who were abused, neglected, abandoned, infirmed, or who have other
conditions which require aid, support or treatment.

d. Child Abuse Punished under the RPC

Abuse, neglect or abandonment of children is made a criminal act or omission

under the RPC.
a. If the child dies, then the offender is guilty of parricide under Art 246.
b. If the child did not die but was a victim with physical injuries, the offender
can be charged with frustrated parricide, or physical injuries.
c. If the child is abandoned or neglected, the offender can be charged for
abandonment of minors under Art 276. If the person who abandons the child
is one entrusted with this custody, it shall be punishable under Art 277.

ENUMERATE

Other Names for Child Abuse or Neglected Child

1. Battered child
2. Battered child syndrome
3. Maltreatment syndrome
4. Maltreated child
5. Physically abused child
6. Ill-treatment syndrome

Causes of Child Abuse or Neglect

1. Unwanted Child:
a. Husband disputing the paternity of the child.
b. Illegitimacy:
i. Child born of unmarried woman
ii. Wife committed adultery
iii. Child born as a consequence of rape
c. Congenital or acquired deformity of the child
d. Child allegedly giving "bad luck" to the family

2. Abusive Parents
a. Uncontrollable abuse by psychotic, pervasively angry or temperamental
parent
 b. Controllable abuse by compulsive disciplinarian or impulsive but generally
inadequate parents.

3. Child as a center of an emotional triangle

4. Child may be a hindrance to the socio-economic activities of the parents.

Classification of Child Abuser

1. Intermittent Child Abuser
2. One-time Child Abuser
3. Constant Child Abuser
4. Ignorant Abuser

Considerations that a child may be a victim of child abuse

1. The child is emotional, fearful and with a vague history of injury.
2. The parents present a vague and defensive detail of the child's "illness" or "injury".
3. Too many previous unexplained signs of injuries or history of previous illness
4. Parents have extended delay in seeking medical cure.
5. Poor growth and development of the child

Social Reaction to Child Abuse and Neglect

1. Report of Maltreated or Abused Child
2. The court may deprive parents of their authority over the child or adopt other
measures for the welfare of the child.
3. Establishment of public and private welfare institutions for the care of the abused,
neglected, abandoned, infirmed, or persons with other conditions which require aid,
support or treatment
4. Abuse, neglect or abandonment of children is made a criminal act or omission
under the RPC.

Chapter 21

DEFINE | TERMS
virginity - condition of a female who has not experienced sexual intercourse and whose
genital organs have not been altered by carnal connection virtuous female - a woman whose
body is pure and has never had any sexual intercourse with another, though her mind and
heart are impure

Moral Virginity — The state of not knowing the nature of sexual life and not having
experienced sexual relation. Moral virginity applies to children below the age of puberty and
whose sex organs and secondary sex characters are not yet developed.

Physical Virginity — A condition whereby a woman is conscious of the nature of the sexual
life but has not experienced sexual intercourse. The term applies to women who have
reached sexual maturity but have not experienced sexual intercourse.

Demi-Virginity — This term refers to a condition of a woman who permits any form of sexual
liberties as long as they abstain from rupturing the hymen by sexual act. The woman may be
embraced, kissed, may allow her breasts to be fondled, her private organ to be held and
other lascivious acts. The woman allows sexual intercourse but only "inter-femora" or even
"inter-labia" but not to the extent of rupturing the hymen.

"Virgo Intacta" — Literally the term refers to a truly virgin woman; that there are no structural
changes in her organ to infer previous sexual intercourse and that she is a virtuous woman.
Inasmuch as there are no conclusive evidences to prove the existence of such condition,
liberal authorities extend the connotation of the term to include women who have had
previous sexual act or even habitually but had not given birth.

Defloration - laceration or rupture of the hymen as a result of sexual intercourse. All other
lacerations of the hymen which are not caused by sexual act are not considered as
defloration.

Sex crimes - anti-social means of attaining sexual gratification

Rape - committed by having carnal knowledge of a woman by using force or intimidation;

when the woman is deprived of reason or otherwise unconscious; when the woman is under
sixteen years of age

Carnal knowledge - act of a man in having sexual bodily connection with a woman. There is
carnal knowledge if there is the slightest penetration in the sexual organ of the female by the
sexual organ of the male. It is not necessary that the vagina be entered or that the hymen be
ruptured

Seduction is the act of a man enticing women to have unlawful intercourse with him by
means of persuasion, solicitation, promises, bribes, or other means without employment of
force

Deceit is a fraudulent and cheating misrepresentation, artifice, or device, used by one or

more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice
and damage of the party imposed upon
Abduction is the carrying away of a woman by an abductor with lewd design.

Lewd design is the intent of the abductor to have sexual intercourse with the woman
abducted . This can be inferred from the acts of the offender.

Adultery is committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void.

Concubinage — committed by any husband who shall keep a mistress in the conjugal
dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman
who is not his wife, or shall cohabit with her in any other place

Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct

Chastity is the abstention from all sexual acts manifested by purity in conduct and intention

Scandal is committed by any person who shall offend against decency or good customs by
any highly scandalous conduct not expressly falling within any other article of the code

CHAPTER XXI

KNOW

Presumption of a Woman’s virginity

· ​The presumption of a woman's virginity arises whenever it is shown that she is

single and continuous until overthrown by proof to be contrary (U.S. V. Alvarez, 1

Phil. 242). A woman is presumed to be a virgin when unmarried and of good
reputation.

Female Body Parts

Breasts — The breasts (mammary glands) are functionally related to the

reproductive system since they secrete milk for nourishment of the young child. At
their inner structures are 15 to 20 lobes of glandular tissues supported by
conr>active tissue namework with variable amount of adipose tissue. On the ventral
surface of each breast is a cylindrical projection called nipple and at its rounded tip
are perforations which are the openings of the ducts draining the milk glands. The
nipple is surrounded by a pigmented area called areola which becomes dark brown
during pregnancy.

Vaginal Canal- As a general rule, the vaginal canal of a virgin is tight and the
rugosities are sharp and prominent. Insertion of a finger or instrument may show
certain degree of resistance. The wall of the vagina is composed of smooth muscle
and fibroelastic connective tissue so that its tightness and degree of resistance on
insertion of a finger or an instrument depends on the integrity of its wall, as well as
on the potency of its lubricating secretion. The sharpness of the wall's rugosities may
be diminished by insertion of foreign bodies, passage of clotted blood,
self-manipulation, etc. and not by sexual intercourse. The canal may be inherently
lax and rugosities not prominent since "birth.

Labia Majora and Labia Minora.

The labia majora is firm, elastic and plump and its medial borders are usually in
close contact with each other so as to cover the labia minora and the clitoris. The
labia minora is soft, pinkish in close contact with one another, and its vestibule is
narrow. Entry of the male organ may cause the labia to gape due to stretching of
their borders. The condition of both labia is not a reliable basis in determining
virginity. A woman may be a virgin but with a gaping labia, while others might have
had previous delivery but the labia are still coaptated. The condition of the labia is
much more related to the general physical condition of the woman rather than the
absence or the presence of previous sexual intercourse. A stout woman usually can
preserve the plump, coaptated and firm labia while skinny women usually have
gaping labia.

Fourchette: The fourchette present a V-shape appearance as the two labia minora
unite posteriorly. After severe distention, the sharpness of the acute angle may
become rounded with retraction of the edges. The rounding of the fourchette and the
retraction of the edges can be a consequence of so many causes. Stretching apart
of the thighs, instrumentation, horse or bicycle riding may produce the condition
other than sexual intercourse.

Hymen: Physicians give much attention in the examination of the hymen in the
determination of virginity.

Why presence of hymenal laceration does not prove defloration?

· ​The hymen is lacerated during the initial sexual act. However, it is not always the

case. Some hymen are thick, elastic and fleshy such that they can resist certain
degree of distention without causing laceration. Some women may inherently have
lacerated hymen probably on account of previous trauma during the early age.
Classification of breasts

a. Hemispherical Breast — The breast is like a hemisphere. The contour lines are
not straight but form part of a circle or half of a sphere.

b. Conical Breast — The breast has the shape similar to a cone. The outline consists
of two converging lines which meet at the region of the nipple.

c. Infantile or Flat Breast — The breast is only slightly elevated from the chest
without distinct boundary and showing no definite shape.

d. Pendulous Breast — The skin of the breast is loose making it capable of swinging
in any direction. This is commonly observed among parturient breast-feeding
mothers. A pendulous breast may be:

(1) Hemispherical pendulous breast — It has the shape of hemisphere but with loose
skin.
(2) Conical pendulous breast — It has the shape of a cone and is capable of
swinging sidewise. ​

Physiologic Considerations (During Sexual Excitement | During Orgasm)

A. During Sexual Excitement:

LOCAL CHANGES

· ​to active dilatation of the arteries through the nervus origentis. The erection is

also brought about by the contraction of the ischiocavernous muscle producing

compression of the dorsal vein of the penis, thus causing accumulation of blood
under pressure. More sexual stimulus will be attained through friction during the
sexual act coupled with the physical activities of the partner. In the female, sexual
stimulation will cause tomescence of the clitoris, vestibule and labia minora. There is
spontaneous vulvar lubrication. The lubricant is a transudate coming from the vaginal
wall and its production ceases when the stimulus is removed. The lubricant dries
quickly. There is labial engorgement and vaginal lengthening and widening. During
the excitement, the vaginal canal increases in length from 7 to 8 cm. to 9.5 to 10.5
cm. At the level of the cervix there is a transverse expansion of the vaginal canal
from 2 cm. to 4 cm. to 6.25 to 6.75 cm.

SYSTEMIC EFFECTS

a. An increase in the pulse rate;

b. Marked increased in blood pressure making its peak during orgasm;

c. An increase of peripheral flow of blood experienced as an increase of body

warmth;
d. Tomescence (engorgement of blood), which is the consequence of this peripheral
flow concentrating on erectile tissue;

e. Increased respiration;

f. A decrease in bleeding during arousal, which is reversed subsequently;

g. A decrease in sensory perception;

(1) There is blunting of the sense of touch.
(2) Pain may be largely lost; sensation which could Be sharply painful may
only be experienced as no more than a mild touch stimulation.
(3) Alertness of hearing and vision is clearly decreased.

When and how rape is committed?

Art. 335, Revised Penal Code:

Rape is committed by having carnal knowledge of a woman under any of the

following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious and

3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present:

Elements of the Crime of Rape

a. The offender had carnal knowledge of the woman. The victim of the crime must
always be a woman while the offender must inferentially be a man because sexual
act must be done by a man and a woman.

b. The carnal relation must be made under any of the following circumstances:
(1) Use of force or intimidation;
(2) The woman is deprived of her reason or otherwise made unconscious; or
(3) The woman-victim is less than 12 years of age.

Character of the Offended party

· ​ he fact that the offended party may have been unchaste before alleged sexual
T
act was consummated with force and intimidation constitute no defense. The person
is guilty of rape if force and violence were used regardless of the good or bad morals
of the offended party

Evidences of Force or Intimidation

· ​The mere initial reluctance of the offended party or verbal refusal alone will not

prove force. It must be a manifested and tenacious resistance that is required by law
(People v. Lago, C.A. 45 O.G. 1356).

· ​When force is an element in the crime of rape, it need not be irresistible. As long

as it brings about the desired result, all consideration whether it is more or less
irresistible are beside the point.

· ​When the offended girl stated that she defended herself against the accused as

long as she could, but he overpowered her and held her till her strength yielded, then
accomplished his desire, there is evidence of sufficient force (People v. Mono, 56
Phil. 86).

· ​The offended woman shouted, struggled and kicked the accused but the offender
pressed a hunting knife on her throat, overcame her resistance and succeeded in
having sexual intercourse with her. Rape was committed (People v. Lago, C.A. 45
O.G. 1356).

· ​If the offender is the father of the girl who is of a tender age, it is not necessary

that there are signs that she put up a determined resistance (People v. Alinea, C.A.
45 G. 140).

· ​The employment of force is established not only by the testimony of the injured

girl but also by the signs of finger grips on the front part of her neck, on the arms and
the fact that the garments worn at the time were torn and heavily stained with blood
(People v. Lucero, 61 Phil. 361).

· ​A strong evidence of force is the presence of physical injuries found on the

person of the victim in the course of medical examination. Contusions may be found
on the face, arms and thighs.

Rape by Employment of Intimidation

· ​The application of threat will cause fear in the victim of the untoward

consequence. If she will not accede to the will of the offender, the crime may
constitute intimidation. Inasmuch as intimidation is purely subjective it cannot be
proven by medical evidence.

Instances where rape was punishable by death. What is the punishment for
rape now? Cite the legal basis.

Art. 335, Revised Penal Code:

1. When by reason or on the occasion of the rape, the victim become insane;
2. When the rape is attempted or frustrated and a homicide is committed by reason
or on the occasion thereof; and

3. When by reason or on the occasion of the rape, a homicide Is committed.

Medical Evidences in Rape

1. Evidences from the victim:

a. Date, time and place of alleged commission of rape: This is necessary in
order to determine how long a time has elapsed after alleged commission of
the offense before the victim filed the necessary complaint or subjected
herself to the medical examination. If several days have gone by before the
filing of the complaint, let her explain the cause of the delay. The place where
the alleged offense was committed is necessary to determine which court can
acquire jurisdiction over the
case.

b. Date, time and place of the examination: The date of the examination is
material to the determination of the possible findings of the physician on the
victim. A long interval of time between that date of commission and the
examination will remove the possibility of finding the effects of a recent sexual
intercourse.

c. Condition of the clothing: If force is applied in the commission of the

offense, there
will be tearing, staining with blood and semen, and soiling of the clothing. The
clothing​ must be preserved after they have been thoroughly dried for further
laboratory examination.

d. The physician must observe the gait, the facial expression and the bodily
and mental attitude of the subject. If the victim suffered from genital injuries
she may walk with legs apart and slowly, with the face manifesting signs that
she is suffering
 from pain.

e. Physical and mental development of the victim: The height, strength and
degree of muscular development of the woman must be noted to determine
whether she has the capacity to resist any unlawful aggression. If the victim is
a child, examination of the physical condition is usually not necessary
because it is apparent to the age. In most cases, children are "bribed" or lured
by attractive articles such as candies by the offender.
The examiner must observe the mental state of the victim. She may be in the
state of mental shock, under the influence of depressant drugs, alcohol or sex
stimulants. The offender might have taken advantage of her insanity or mental
deficiency.

f. Examination of the body for signs of violence: If actual force was applied in
the commission of the crime there must be signs of physical violence on the
body of the victim. Her whole body must be subjected to inspection. Physical
injuries must be described and the exact location must be determined. Areas
of tenderness or swelling must not be overlooked and if necessary, X-ray
pictures must be taken to determine bone lesions.
Determination of the probable age of the physical injuries found is material.
Does it correspond to the alleged date of commission?

g. Examination of the genitalia, including the breast: The breasts must be

examined for the presence of finger marks or application of pressure. They
might have been roughly
handled or the nipples bitten. The vulva may show swelling, tenderness,
contusion, abrasion, laceration or may be smeared with blood, semen and
other foreign bodies.
The hymen may show fresh laceration, swelling or bruising. There may be
healed lacerations or signs of physical virginity.
In the pubic hair, the following medical evidence may be gathered: laceration
or may be smeared with blood, semen and other
foreign bodies. The hymen may show fresh laceration, swelling or bruising.
There may be healed lacerations or signs of physical virginity. In the pubic
hair, the following medical evidence may be gathered:
(1) Pubic hair of the offender.
(2) Semen and spermatozoa.
(3) Blood stains.
(4) Body louse.

2. Examination of the alleged offender:

a. Physical development, mental condition and strength: The relative physical
development and strength of the victim and the offender must be compared to
determine whether the offender can overpower the resistance offered by the
victim.
b. Evidence of physical injuries: The whole body must be examined. The
victim, in thecourse of the struggle, may inflict bodily harm to the offender.
Fingernail marks on the neck, arms and chest may be found. The frenum of
the penis may be abraded or lacerated on account of the violent insertion on a
relatively small vulvar or vaginal opening.
c. Condition of the sex organ: Aside from the examination of the frenum,
washing from thesurface of the penis may reveal blood, seminal stain, vaginal
epithelium and doderleins bacillus. The urethral meatus may be moist on
account of the recent discharge.
d. Evidence from the pubic hair: The pubic hair may be matted together due to
blood stains or from seminal fluid discharge. Examine carefully for the
presence of body louse.
e. Potency of the offender: The offender may put up a defense that he is
impotent and that it could have been hardly possible that he had committed the
crime. It may be necessary to subject the offender to a strong sex stimulus
sufficiently under normal condition to produce erection.
f. Evidence of genital infection — If the offender is suffering from venereal
disease which is transmitted to the victim during the criminal act, the crime
committed is rape with physical injuries because infection in law is a physical
injury.

3. Evidences from the companion of the victim​:

a. A history of the incident must be taken from the companion of the
victim. Try to see whether they are consistent with the narration of facts
by the victim.
b. If the companion helped the victim when force was applied by the
offender, the companion must be subjected to a physical and medical
examination for physical injuries.
c. Examination of the clothing may be necessary for signs of struggle.
d. Investigation must be made to determine whether the companion
might have participated as an accomplice to the crime.
e. The mental condition, physical power, age and emotional state must
be taken into consideration to determine the capacity to resist unlawful
aggression from the offender.
f. Examination must be made as to the presence of alcohol or other
depressants which may diminish the companion's capacity to defend the
victim from the offender.

Investigation of the Crime Scene:

 1. Disturbances in the place of commission may infer or affirm the
statement of the victim that she did offer resistance.
2. Strands of hair, blood, seminal and other stains may be recovered to
prove consummation and struggle.
3. Pieces of personal belongings of the offender and /or victim may be
recovered to prove identity and physical struggle.
4. Investigation of witnesses who may possibly be material to the
prosecution of the case may be conducted.

Reasons why some women become prostitutes

1. Physiological and psychological traits — Prostitutes are seldom nymphomaniac,

although nymphomaniacs may become prostitutes. Some of them are found to be
emotionally unstable, psychopathic, neurotic, suggestible, or addicted to the use of
tobacco, alcohol and narcotic drugs. They may be lonely and may lack association
with the intimate family circle.

2. Economic factors — They are financially hard up and indulge in the business for
fear of starvation. Their earnings are meager and cannot maintain a decent life or
cope with the domestic needs.

3. Home and neighborhood — A great number of them comes from broken homes,
over-crowded homes with members of both sexes sleeping in the same room, or
having a male border or roomer. In some instances the mother is a prostitute, and
the father is a pimp and their daughters are allowed to roam in the streets and being
initiated in sexual intercourse.

4. Influence of contraceptives — The availability of contraceptives and prophylactic

treatment for infection make it possible to indulge in sexual relationship without fear
of pregnancy and

infection.

Laws involved in:

o Rape

· ​Art. 335. When and how rape is committed. — Rape is committed by having

carnal knowledge of a woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.The
crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two
or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be death.

When rape is attempted or frustrated and a homicide is committed by reason or on

the occasion thereof, the penalty shall be likewise death.chanrobles virtual law
library

When by reason or on the occasion of the rape, a homicide is committed, the penalty
shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111,
approved June 20, 1964).

o Seduction

o Qualified seduction

· ​Article 337. Qualified seduction. - The seduction of a virgin over twelve years and
under eighteen years of age, committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall
be entrusted with the education or custody of the woman seduced, shall be punished
by prision correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall
seduce his sister or descendant, whether or not she be a virgin or over eighteen
years of age.

Under the provisions of this Chapter, seduction is committed when the offender has
carnal knowledge of any of the persons and under the circumstances described
herein.​

o Simple seduction

· ​Article 338. Simple seduction. - The seduction of a woman who is single or a

widow of good reputation, over twelve but under eighteen years of age, committed
by means of deceit, shall be punished by arresto mayor.

o Acts of Lasciviousness

· ​Article 336. Acts of lasciviousness. - Any person who shall commit any act of

lasciviousness upon other persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished by prision correccional.
o Abduction

· ​Article 342. Forcible abduction. - The abduction of any woman against her will

and with lewd designs shall be punished by reclusion temporal. The same penalty
shall be imposed in every case, if the female abducted be under twelve years of age.

· ​Article 343. Consented abduction. - The abduction of a virgin over twelve years

and under eighteen years of age, carried out with her consent and with lewd designs,
shall be punished by the penalty of prision correccional in its minimum and medium
periods.

o Adultery

· ​Article 333. Who are guilty of adultery. - Adultery is committed by any married

woman who shall have sexual intercourse with a man not her husband and by the
man who has carnal knowledge of her knowing her to be married, even if the
marriage be subsequently declared void.

· ​Adultery shall be punished by prision correccional in its medium and maximum

periods.

If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that
provided in the next preceding paragraph shall be imposed.

o Concubinage

· ​Article 334. ​Concubinage. - Any husband who shall keep a mistress in the

conjugal dwelling, or shall have sexual intercourse, under scandalous

circumstances, with a woman who is not his wife, or shall cohabit with her in any
other place, shall be punished by prision correccional in its minimum and medium
periods.

o Prostitution

· ​Prostitutes are women who, for money or profit, habitually indulge in sexual

intercourse or lascivious conduct (Art. 202, No. 5, Revised Penal Code).

o Corruption of Minors

· ​Article 340. ​Corruption of minors. - Any person who shall promote or facilitate

the prostitution or corruption of persons underage to satisfy the lust of another, shall
be punished by prision mayor, and if the culprit is a pubic officer or employee,
including those in government-owned or controlled corporations, he shall also suffer
the penalty of temporary absolute disqualification. (As amended by Batas Pambansa
Blg. 92)

o White Slave trade

· ​Article 341. ​White slave trade. - The penalty of prision mayor in its medium and

maximum period shall be imposed upon any person who, in any manner, or under
any pretext, shall engage in the business or shall profit by prostitution or shall enlist
the services of any other for the purpose of prostitution (As amended by Batas
Pambansa Blg. 186.)

o Abuse against chastity ​Abuses against chastity; Penalties. - The penalties of prision
correccional in its medium and maximumperiods and temporary special disqualification shall be
imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is required to submit a report to or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make immoral or indecent advances
to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of
any person in the custody of such warden or officer, the penalties shall be prision correccional in
its minimum and medium periods and temporary special disqualification

o Grave Scandal

· ​Article 200. ​Grave scandal. - The penalties of ​arresto mayor and public censure

shall be imposed upon any person who shall offend against decency or good
customs by any highly scandalous conduct not expressly falling within any other
article of this Code.
o Immoral doctrines, Obscene publications and Exhibitions

Article 201. ​Immoral doctrines, obscene publications and exhibitions and indecent shows. - The
penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both
such imprisonment and fine, shall be imposed upon:

(1) Those who shall publicly expound or proclaim doctrines openly contrary to public
morals;

(2) (a) the authors of obscene literature, published with their knowledge in any form; the
editors publishing such literature; and the owners/operators of the establishment selling
the same;

(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which (1) glorify criminals or
condone crimes; (2) serve no other purpose but to satisfy the market for violence,
lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and
use of prohibited drugs; and (5) are contrary to law, public order, morals, and
good customs, established policies, lawful orders, decrees and edicts;

(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals. (As amended by PD Nos. 960 and 969).

o Vagrants and Prostitutes

Article 202.​ ​Vagrants and prostitutes; Penalty.​ - The following are vagrants:

1. Any person having no apparent means of subsistence, who has the physical ability to
work and who neglects to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-public buildings or places or trampling
or wandering about the country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and
those who habitually associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code,
shall be found loitering in any inhabited or uninhabited place belonging to another without
any lawful or justifiable purpose;

5. Prostitutes.

For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by
arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by ​arresto mayor in
its medium period to prision correccional in its minimum period or a fine ranging from 200 to
2,000 pesos, or both, in the discretion of the court.

o Unjust Vexation or any other coercion

Article 286. ​Grave coercions. - The penalty of ​arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, without authority of law, shall, by means of violence,
prevent another from doing something not prohibited by law, or compel him to do something
against his will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to perform any religious act or
to prevent him from so doing, the penalty next higher in degree shall be imposed.

Article 287. ​Light coercions. - Any person who, by means of violence, shall seize anything
belonging to his debtor for the purpose of applying the same to the payment of the debt, shall
suffer the penalty of ​arresto mayor in its minimum period and a fine equivalent to the value of the
thing, but in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by ​arresto menor or a fine ranging
from 5 pesos to 200 pesos, or both.

Article 288. ​Other similar coercions; (Compulsory purchase of merchandise and payment of
wages by means of tokens.) - The penalty of ​arresto mayor or a fine ranging from 200 to 500
pesos, or both, shall be imposed upon any person, agent or officer, of any association or
corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer
or employee employed by him or by such firm or corporation to be forced or compelled, to
purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the wages due a laborer or
employee employed by him, by means of tokens or objects other than the legal tender currency
of the laborer or employee.

o CASES on:

§ People v Canastre

· ​Slightest penetration is enough, proof of emission is not necessary. The absence

of spermatozoa in the vagina does not negate the commission of the crime of rape

§ People v Blanco

· ​The fact that the offended party may have been unchaste before alleged sexual

act was consummated with force and intimidation constitute no defense. The person
is guilty of rape if force and violence were used regardless of the good or bad
morals of the offended party.
§ People v Lago

· ​The mere initial reluctance of the offended party or verbal refusal alone will not

prove force. It must be a manifested and tenacious resistance that is required by law.

· ​The offended woman shouted, struggled and kicked the accused but the offender
pressed a hunting knife on her throat, overcame her resistance and succeeded in
having sexual intercourse with her. Rape was committed.

§ People v Mono

· ​When the offended girl stated that she defended herself against the accused as

long as she could, but he overpowered her and held her till her strength yielded, then
accomplished his desire, there is evidence of sufficient force

§ People v Alinea

· ​If the offender is the father of the girl who is of a tender age, it is not necessary

that there are signs that she put up a determined resistance.

§ People v Lucero

· ​The employment of force is established not only by the testimony of the injured

girl but also by the signs of finger grips on the front part of her neck, on the arms and
the fact that the garments worn at the time were torn and heavily stained with blood.

DIFFERENTIATE

True Physical Virginity | False Physical Virginity

True Physical Virginity — A condition wherein the hymen is intact with the edges distinct and
regular and the opening small to barely admit the tip of the smallest finger of the examiner
even if the thighs are separated.

False Physical Virginity — A condition wherein the hymen is unruptured but the orifice is
wide and elastic to admit two or more fingers of the examiner with a lesser degree of
resistance. The hymen may be laxed and distensible and may have previous sexual relation.
In this particular instance the physician may not be able to make a convincing conclusion
that the subject is virgin.

Hymen (Incomplete Laceration | Complete Laceration | Compound or Complicated

Laceration)

Incomplete laceration — Rupture or laceration of the hymen is considered incomplete when

it does not involve the whole width or height of the hymen.
Complete laceration — The hymenal laceration involves the whole width but not beyond the
base of the hymen.

Compound or complicated laceration — The laceration involves the hymen and also the
surrounding tissues. It may involve the perineum, vaginal canal, urethra or rectum.

Call girl | Hustler | Door Knocker | Factory girl

Call Girl — Receives telephone calls from the selected group of customers and makes
arrangements to meet them at a designated place.

Hustler: finds her customers in various places and makes the contact herself, but she may
walk with taxicab drivers.

Door Knocker — A newcomer in the field of prostitution. She frequents small hotels and
furnished rooms or roams in the hall room of these places.

Factory Girl — She works in regular house of prostitution. She accepts all comers and has
nothing to do with the selection and solicitation of customers. She is under the direct
supervision of a "madam" or "mama-san"

Disorder House | Furnished Room House | Call House

Disorder House - Employs only 4 to 8 girls in the business This type is gradually
disappearing as it is an easy target of organized program against prostitution.

Furnished Room House — This is operated by experienced madams. The house has 2 to 3
girls and also rooms for rent to legitimate roomers in order to maintain the appearance of
respectability.

Call House — It is merely a place where a telephone is maintained by a madam. The

customer calls, and the madam sends the girl out to meet him.

EXPLAIN | DISCUSS

WHAT ARE THE FACTS INCLUDED DURING MEDICAL EXAMINATION OF THE

HYMEN?

Physicians give much attention in the examination of the hymen in the determination of
virginity.
Classification of Hymen:
a. As to shape and size of the opening:
1) Annular or circular — The opening is oval or circular located at the center of the
hymen. There may be indentation of the borders.
2) Infantile — The opening is small, usually linear, fleshy and resistant.
3) Semilunar or crescentric — The concavity may be facing either side or upwards or
downwards. The tapering ends of the crescent may be the frequent sites of
laceration.
 4) Linear — The opening is slit-like and usually running vertically.
5) Cribiform — The hymen presents several openings instead of a single one. In several
instances the openings are quite small and will require the use of a hand lens to make
them visible.
6) Stellate — hymenal opening is like a star.
7) Septate — There are two openings which may be of equal or different sizes
separated by a bridge of hymenal tissue. After a sexual act there may be complete
rupture of the
bridging tissue or marked distention of one to make the other opening almost invisible.
8) Fimbriated — The border of the opening shows small irregular protrusion towards the
opening. In some instances the fimbriation may be big enough that the examiner may
mistake it to be a superficial laceration.
9) Imperforate — There is no opening on the hymen. When a woman starts to
menstruate, surgery may be necessary to open the hymen to allow free passage of
menstrual blood.

b. As to structure and consistency:

1) Firm and with strong connective tissue and plenty of blood vessels — This type has
more tendency to lacerate during the first sexual act and the laceration may produce
relatively more hemorrhage.
2) Thick yielding hymen with scarce blood vessels – The hymen is distensible, easily
penetrated and when lacerated will cause less bleeding.
3) Membranous hymen — Hymen is parchment-like, may be transparent and may
lacerate without pain or appreciable bleeding.
c. As to number of opening:
1) Single orifice — Having one opening.
2) Septate — Having two openings.
3) Multiple — Having several openings.
4) Imperforate — Without orifice.

HOW IS THE DURATION OF LACERATION APPROXIMATED THROUGH THE

OBSERVED CHANGES IN THE LACERATED TISSUE?

The determination as to how long the laceration took place can be approximated by the
changes observed in the lacerated tissue.
a) Fresh bleeding laceration — The laceration is of recent origin.
b) Fresh healing with fibrin formation and with edema of the surrounding tissue —
Usually after 24 hours.
c) Healed laceration with congested edges and with sharp coaptible borders —
Depending upon the degree of laceration and the presence or the absence of
complications, the said laceration could have occurred 4 to 10 days. Sometimes, the said
finding is termed "recently healed" laceration.
d) Healed laceration with sharp coaptible borders without congestion — Some times
have passed by after the laceration has healed. Ordinarily it can be inferred that hymenal
laceration took place approximately more than ten days or 2 to 3 weeks.
 e) Healed laceration with rounded non-coaptible borders and retraction of the edges —
Laceration took place long before the date of the examination which is probably more
than a month's time.

DEATH RELATED TO SEXUAL ACT

1. Death of the Male Partner:

a. Death from natural cause:
During sexual intercourse, the male as an active subject develops increase blood
pressure, tachycardia and hyperventilation due to emotional response and muscular
exertion. If he is suffering from cardio-vascular disease or insufficiency of cardiac
reserve, the increase demand on the cardiovascular system may not be met and he
may die. This is also true in
masturbation.
If a person died outside his conjugal home, the dead is generally referred to as "D.I.S. "
or "death in the saddle". Sometimes it is jokingly claimed that "he died with his boots on"
or "he died planting the Philippine flag". If death took place in a prostitution house, the
children's comment is "Daddy died in the arms of a scarlet woman".
b. Death may be due to the defensive act of the woman-victim:
In cases of rape, the victim may be able to take hold of a sharp instrument and inflict
injuries to the offender which may cause his death.

2. Death of the Female Partner:

Women almost never suffer death from natural causes during the normal sexual act.
The reason may be that they are less susceptible to cardio-vascular disease and that they
play a passive role in sexual intercourse. Women can control their tendencies to
over-excitement and they exert less physical effort in a sexual act than men do. Death of the
female partner is usually accidental and not on account of a natural disease:

a. The sexual intercourse might be done in a relatively confined space like the back
seat of a car. Accidental strangulation or suffocation of the female partner may be due
to the undue
pressure applied on the chest, neck or face. The struggle of the female partner may
remain unnoticed on account of the height of sexual excitement, and this may cause her
death.
b. In case of oral sex (fellatio) wherein the male penis is placed in the mouth of the
female partner, the size and length of the penis may cause partial or total block of the
air passage, causing asphyxia. Ejaculation of seminal fluid may oclude the lumen of the
respiratory tract as in drowning.
c. In case of cunnillingus (a perverted sexual act wherein the male licks the female
genital organ), the male partner may blow air in the vulva and may cause air embolism
especially when the woman is pregnant. The air may enter the blood circulation and
causes immediate death.
d. Saddists who may not be sexually satisfied by sexual intercourse but by inflicting
physical injuries to the partner may cause death of the female partner.
 e. Death of the female partner may be deliberately done by the male to conceal the
crime of rape he has committed. The male partner may inflict physical injuries, or may
cause asphyxiation by strangulation or by other means.
f. The female partner may die of shock as a result of extreme physical and mental
trauma in case of rape.
g. Hemorrhage.
h. Infection.

3. Death of Both Partners:

a. Almost simultaneous death of both partners during sexual intercourse may be due to
the performance of the sexual act in an enclosed place with carbon monoxide or other
asphyxiant gas. Examination of their respective blood will reveal the presence of the
gas incompatible with life.
b. Homicide— suicide pact.

WHAT DOES IT MEAN WHEN RAPE IS COMMITTED BY DEPRIVING THE VICTIM OF

HER REASON OR IS MADE UNCONSCIOUS? ELUCIDATE.

Rape Committed by Depriving the Victim of Her Reason or Otherwise Made Unconscious:

1. Deprival of Reason:
a. Rape committed on insane or mentally deficient woman:
The fact that the victim is a woman, 14 years of age, feebleminded and can only
speak mono-syllables is sufficient to constitute the act committed to be rape (People
v. Doing, C.A. 49 O.G. 2331).
Sexual intercourse with an insane woman is considered rape (People v. Layson, C.A.
37 O.G. 318).
But, sexual intercourse with a deaf-mute woman is not rape, in the absence of proof
that she is an imbecile (People v. Nava, C.A. 40 O.G. 4237).
The proof of the mental condition of the victim is the medical findings of the physician
who must certify whether the woman-victim of rape is suffering from insanity or
mental deficiency which is sufficient to deprive her of her reason.

b. Rape committed while the woman is under the influence of alcohol or other
depressant drugs:
Inasmuch as the woman is not in possession of her rational mental faculties, in the
absence of a decided case, this may also be rape.

c. Sexual act on a woman under the influence of sex stimulating drugs:

2. The woman-victim is unconscious:

a. Sexual act committed while the woman is on her natural sleep:
b. Sexual act on a woman suffering from sleeping sickness is also rape because
the woman is unconscious.
c. Sexual act on a woman who is unconscious because she was knocked-out:.
If the offender inflicted physical injuries on a woman sufficient to make her
unconscious before the sexual act was done, it is rape.
 d. Sexual act after administration of narcotics or other "knockout" drugs:
The sexual act made on a woman while she is under the influence of narcotics or
other depressant drugs is rape because the woman is unconscious.

3. When the woman is under 12 years of age:

If the carnal relation is made on a female below 12 years of age, it is always rape
regardless of whether or not force or intimidation is applied or the child is not deprived of her
reasons or otherwise unconscious. Rape of a woman below 12 years old is also called
statutory rape. The sexual act is still rape even if the child consented or even if the child is a
prostitute.
The reason for penalizing carnal relation is that one must not take advantage of the
meager intelligence and incomplete physical development of a child below the age of 12.

HOW LONG AFTER SEXUAL INTERCOURCE CAN SPERMATOZOA BE FOUND IN THE

VAGINAL CANAL?

1. ". . . but, there is every reason to believe that the life of the effective sperm in the
maternal passage is very short, probably less than thirty hours" (Taylor's Principles and
Practice of Medical Jurisprudence by K. Simpson, 12th ed.. Vol 2, p. 32).
2. "There has been a great number of observations this latter point, and the evidence
points to a comparatively short life of the sperm in the female tract and the period
appears shorter with the number of observations. It is a present belief that the life of the
sperm in the vagina is a matter of hours and its total life in the female tract is a matter of
two or three days at most" (Forensic Medicine by S. Smith, 10th ed., p. 311).
3. ". . . that spermatozoa may survive less than two hours in the vagina, but they live as
long as forty-three hours both in the cervix and uterus where the secretion are more
favorable" (Medical Jurisprudence & Toxicology by J. Glaister, 12th ed., p. 325).
4. "Spermatozoa may remain motile in the vagina up to 17 days" (A Synopsis of
Forensic Medicine & Toxicology by C. Thomas, 2nd ed., p. 97).
5. "Fertilization of the ovum does not necessarily occur immediately after coitus, as it is
known that spermatozoa can remain alive in the upper recesses of the vagina for more
than two weeks" (Coy’s p. 246).
6. "Some observers have reported finding spermatozoa in the vagina after seven hours
while others have reported finding them as long as 48 hours after intercourse"
(Homicide Investigation by L. Snyder, 1st ed., p. 327).

CAN A WOMAN BE RAPED WHILE SHE IS ON HER NATURAL SLEEP?

Occasionally, it may happen, but highly improbable. To a normal virgin it is hard to conceive
that such an act could ever be committed without her knowledge, inasmuch as she has
never experienced it. But, such act may be possible to a woman who has had several sexual
intercourses and to those who have given birth.

CAN A WOMAN COMMIT RAPE ON A MAN? (from internet)

The 1997 amendment of Article 266-A of the RPC (Revised Penal Code), allowed the
legal recognition of rape of males, both by other males and by females.
 It is provided under Section 2 (2) of Republic Act 8353, otherwise known as “An Act
Expanding The Definition Of The Crime Of Rape, Reclassifying The Same As A Crime
Against Persons, Amending For The Purpose Act No. 3815, As Amended, Otherwise Known
As The Revised Penal Code, And For Other Purposes,” that:
“Section 2. Rape as a Crime Against Persons. –
xxx

“2. By any person who, under any of the circumstances mentioned in paragraph 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.” (Emphasis supplied)

The law provides that rape may be committed regardless of the gender of the person.
Therefore, it is possible that there may be a crime of rape or sexual assault committed
against your cousin if any of the requirements mentioned above was met.

Further, as stated in People vs. Heracleo Abello y Fortada (GR 151952, March 25,
2009), which was penned by Associate Justice Arturo Brion, the concept of rape by sexual
assault was discussed. According to the said case:
“RA No. 8353 which took effect on October 22, 1997 introduced into the Philippine
legal system the concept of rape by sexual assault. This amendment not only
reclassified rape as a crime against persons, but also expanded the definition of rape
from the traditional concept of a sexual intercourse committed by a man against an
unwilling woman.”

The second paragraph of Article 266-A of the RPC (Revised Penal Code), as
amended, defines rape by sexual assault as committed by any person who, under any of the
circumstance mentioned in paragraph 1 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.

CAN RAPE CAUSE DEATH?

Although it may not be usual, the introduction of a matured male sex organ into the
vagina of a young girl may produce local injury sufficient to produce death. The death may
be due to hemorrhage brought about by the laceration of the vaginal canal, shock,
subsequent infection such as gangrene or peritonitis.
Laceration of the vagina with accompanying hemorrhage can also occur even in
adult women if the man's sex organ is exceptionally big, especially when the sexual act was
done roughly.

CAN THE HUSBAND COMMITS THE CRIME OF RAPE ON HIS WIFE? (from internet)

Interestingly, no documented case on marital rape has ever reached the Supreme
Court until this case. It appears, however, that the old provisions of rape under Article 335 of
the Revised Penal Code (RPC) adhered to Hale’s irrevocable implied consent theory, albeit
in a limited form. According to Chief Justice Ramon C. Aquino, a husband may not be guilty
of rape under Article 335 of Act No. 3815 but, in case there is legal separation, the husband
should be held guilty of rape if he forces his wife to submit to sexual intercourse.
In 1981, the Philippines joined 180 countries in ratifying the United Nations
Convention on the Elimination of all Forms of Discrimination Against Women (UN-CEDAW).
In compliance with the foregoing international commitments, the Philippines enshrined the
principle of gender equality in the 1987 Constitution specifically in Sections 11 and 14 of
Article II thereof.
The Legislature then pursued the enactment of laws to propagate gender equality. In
1997, Republic Act No. 8353 eradicated the stereotype concept of rape in Article 335 of the
RPC. The law reclassified rape as a crime against person and removed it from the ambit of
crimes against chastity.
The paradigm shift on marital rape in the Philippine jurisdiction is further affirmed by
R.A. No. 9262, which regards rape within marriage as a form of sexual violence that may be
committed by a man against his wife within or outside the family abode.
Clearly, it is now acknowledged that rape, as a form of sexual violence, exists within
marriage. A man who penetrates her wife without her consent or against her will commits
sexual violence upon her, and the Philippines defines and penalizes the act as rape under
R.A. No. 8353.

WHAT ARE THE FORMS OF DECEIT?

Deceit may be:

a. Suggestion, as a fact, of that which is not true, by one who does not believe it
to be true;
b. The assertion, as a fact, of that which is not true, by one who has no
reasonable ground for believing it to be true;
c. The suppression of a fact, by one who is bound to disclose it, or who gives
information of other facts which are likely to mislead for want of communication of
that fact; or
d. A promise made without any intention of fulfillment.

The most common form of deceit is the promise of marriage, but if the seducer is known to
the victim to be married, even if the previous promise of marriage cause her to accede to the
sexual act, the crime of simple seduction is not committed.

HOW CAN A PERSON BE CATEGORIZED AS A PROSTITUTE?

Requirements to be satisfied before a woman may be considered a prostitute:

1. She habitually indulges in sexual intercourse or lascivious acts.

A single isolated sexual intercourse or lascivious act for money profit will not
make a woman a prostitute. There must be habituality or repeated acts. This makes
prosecution for the crime difficult. Medical evidence on this matter is purely
presumptive.
 A woman may still be considered a prostitute although she does not indulge
in the habitual sexual intercourse because habitual indulgence in lascivious acts also
makes her a prostitute.

2. When the habitual sexual intercourse or lascivious act is done for money or
profit.

Habitual sexual intercourses with several men but not for money or profit will not make a
woman a prostitute.

CAN RAPE BE COMMITTED ON A PROSTITUTE?

Yes, virginity or chastity of character is not a necessary element of the crime of rape.
However, medical proof of sexual intercourse is not a legal proof of the commission of rape.

The fact that the offended person has been a person of unchaste character constitutes no
defense to the charge of rape, provided that it is proven that the illicit relations complained of
were committed with violence or force. The defendant in a criminal action for rape is guilty of
the crime if force or violence was used, regardless of the good or bad character of the
offended party (People v. Blance, 45 Phil. 113).

ABUSE AGAINST CHASTITY

Art. 245, Revised Penal Code:

The penalties of prision correccional in its medium and maximum periods and
temporary special disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is requested to submit a report to, or consult with, a superior officer;
2. Any warden or other public officer directly charged with the care and custody of
prisoner or persons under arrest who shall solicit or make immoral or indecent
advances to a woman under his custody.

If a person solicited by the wife, daughter, sister or relative within the same degree by
affinity of any person in the custody of such warden or officer, the penalties shall be prision
correccional in its minimum and medium periods and temporary special disqualification.

ENUMERATE:

Kinds of Virginity
Moral Virginity
 Physical Virginity
True Physical Virginity
False Physical Virginity

Parts of the Female body to be considered in the determination of the condition of virginity
Breasts
Vaginal Canal
Labia Majora and Labia Minora
Fourchette
Hymen

Classification of Hymen (Size and Shape | Structure and Consistency | # of openings)

As to shape and size of the opening:
(1) Annular or circular
(2) Infantile
(3) Semilunar or crescentric
(4) Linear
(5) Cribiform
( 6 ) Stellate
(7) Septate
(8) Fimbriated
(9) Imperforate
As to structure and consistency:
(1) Firm and with strong connective tissue and plenty of blood vessels
(2) Thick yielding hymen with scarce blood vessels
(3) Membranous hymen
As to number of opening:
(1) Single orifice
(2) Septate
(3) Multiple
(4) Imperforate

Parts of the female genitalia that must be examined to determine defloration

1. Condition of the Vulva
2. Fourchette
3. Vaginal canal
4. Hymen

Predisposing causes of vulvo-vaginal injuries during sexual act

a. Virginity
b. Prepuberty
c. Genital disproportion
d. Unprepared or unaroused female
e. Position during the sexual act
f. Brutality of the male partner during the sexual act.
g. Recent vaginal surgery
h. Excessive active involvement of the female partner.
 i. Multiple sexual act among sex deviates (Nymphomaniac or satyriatic) or multiple
consort
j . Renewed sexual activity after prolonged abstinence.
k. Post-menopause.
l. Uterine retroversion.

Complications of laceration
a. secondary infection
b. hemorrhage
c. fistulae formation
d. stricture
e. sterility

Criminological Characteristics of Sex Crimes

1. It is one of the ancient and universal crimes. It existed since the dawn of history.
Although considered a crime by almost all countries of the world, society's reaction to
its repression depends on the moral value and its gravity as a social problem.
2. There is a close physical contact between the offender and the victim. Murder and
homicide may be committed with the offender at a distance from the victim. Estafa
and many other crimes may be committed even without the physical presence of the
victim.
3. As a general rule, it is a crime committed by one sex against the opposite sex.
4. Sex is an inborn instinct. Any person without sex desire is considered abnormal.
Satisfaction of the sexual instinct must be, in a way, acceptable by the moral
standard. What is punishable is the anti-social means of attaining sexual gratification.
In other crimes, no man is normally born with such criminal instinct. Murderers,
defrauders, and other violators of the criminal law are not inborn characters of
individuals.
5. Except probably the crime of rape and forcible abduction, most of the sex crimes
do not belong to the so called conventional crimes. Considering other sex acts as
crime depends on the moral value existing in a society. Seduction and consented
abduction are considered as crimes in the Philippines but not in other countries.
6. Many sex crimes are committed but not reported; if reported not investigated; if
investigated, not prosecuted. This is on account of the fact that undue publicity may
be prejudicial to the reputation of the victim.
7. It is a crime committed in strict privacy. If committed in public the offender must be
a mental deviate. Reliance must therefore be made by the investigating officer or
court on the testimony of the victim corroborated by the medical findings.
8. Although it is more frequent among the lower socio-economic class those who
belong to the middle and upper classes are not immune in the commission of the
crime.
9. Unlike other crimes, pardon, forgiveness or marriage between the offender and the
victim will extinguish the criminal liability of the offender.
10. There is a seasonal variation in the frequency of commission. It is not the season
that causes the variation but the social forces that may be present in a specific
season. The month of May, for example, has more cases of sex offenses because
Mayflower festivals, fiestas, picnics, excursions, etc. are frequent during this month.
 11. The severity of punishment does not deter its commission. Its frequency has not
been appreciably reduced by Martial law.
12. Its occasional consequence (pregnancy) becomes a legal problem, e.g., support,
abortion, legitimacy, unwanted child, inability to find a means of livelihood, etc.
13. If the offender is of past middle age, usually the victims are children. The primary
reason is that old men will be ignored by elderly women so they focus their attention
on children who can easily be enticed by candies or other things of value.
14. The psychic trauma suffered by the victims of sex crimes varies with the moral
standard of the victim. Women of the "Maria Clara" type with morality of the Puritan
Standard, may inflict fatal or serious injuries on the offender. Some may develop a
feeling of worthlessness and as a consequence, may lead to self-destruction, while
others may be mentally deranged. Others may have a strong belief in the machinery
of justice and file the complaint, but a great number of those who seek justice later
become amenable to an amicable settlement.

Examination or Procedure for seminal fluid and spermatozoa tests

1. Gross Examinations:
a. Inspection by means of the naked eye or with the use of the
hand lens
b. Inspection by means of Ultraviolet light
2. Micro-Chemical Examinations
a. Florence Test
b. Berberio's Test
c. Puramen Reaction
d. Acid Phosphatase test
3. Microscopic Examinations
a. A dried spermatic fluid stain on the slide is stained with hematoxylin
or methylene blue and counter-stained with eosin.
b. Dr. Hankin's Method
c. Ganguli's Method
4. Biological Examinations
a. Precipitin Test (Biological test of Farnum)
b. Seminal Grouping

Types of Qualified Seduction:

1. Ordinary Qualified Seduction
2. Incestuous Qualified Seduction

Elements of Ordinary Qualified Seduction

a. The offended party must be a virgin;
b. The offended party must be over twelve but under eighteen years of age;
c. There must be sexual intercourse between the offender and the offended party;
and
d. The sexual act was done through abuse of authority or confidence.
(1) Those who acted with abuse of authority:
(a) Person in public authority
(b) Guardian
(c) Teacher
 (d) Person who in any capacity is entrusted with the education or
custody of the woman seduced.
(2) Those who seduced through abuse of confidence:
(a) Priest
(b) House-servant
(c) Domestics

Elements of incestuous qualified seduction:

a. Sexual act between the offender and offended party; and
b. Blood relation between the offender and offended party.
(1) Brother who seduces his sister, or
(2) Ascendant who seduces his descendant.

Elements of Simple Seduction

1. The offended party is over twelve but less than eighteen years
2. The offended party must be single or a widow of good reputation
3. There must be sexual intercourse done by the offender with her; and
4. The sexual act was committed by means of deceit.

Elements of: Acts of Lasciviousness

1. The offender commits any act of lasciviousness;
2. The lascivious act is done under any of the following circumstances
a. By using force or intimidation.
b. By depriving her of her reasons or otherwise unconscious.
c. When the woman is under 12 years of age.
3. The offended party must be a person of either sex.

Elements of Acts of Lasciviousness with the consent of the offended party

1. The offender commits acts of lasciviousness;
2. The offended woman must be over 12 but under 18 years of age, except when the
Victim is the sister or descendant of the offender;
3. The offender commits the act by abuse of authority, confidence, relationship or
deceit;
4. The victim must be a woman, virgin, single, or widow of good reputation, except
when she is the sister or descendant of the offender where virginity is not required.

Types of Abduction
1. Forcible abduction 2. Consented abduction

Elements of: Forcible Abduction

1. The victim abducted is a woman;
2. The abduction is against her will; and
3. The abduction is with lewd design.

Elements of Consented Abduction

1. The offended party must be a virgin;
 2. The offended party must be over 12 but under 18 years old;
3. The carrying away of the offended party is with her consent; and
4. The taking away must be with lewd design.

Elements of Adultery
1. The woman is married;
2. She has had sexual intercourse with a man not her husband; and
3. The man with whom she had sexual intercourse knows her to be married even if
the marriage has subsequently been declared void.
Elements of Concubinage
1) wife and husband are married;
2) husband committed any of the following acts:
a) keeping a mistress in the conjugal dwelling;
b) having sexual intercourse under scandalous circumstances with a woman not his
wife;
c) cohabiting with her in any other place;
3) as regards the concubine, she must know that the wife and husband are married

Elements of Grave Scandal

a. The offender performs act or acts;
b. Such act or acts is/are highly scandalous and offending against decency and good
customs;
c. It is also necessary that the act or acts be committed in a public place or within the
view or knowledge of the public

Classification of Sexual Abnormalities and the terms used under each class.
As to the Choice of Sexual Partner:
1. Heterosexual
2. Homosexual
a. Kinds of Homosexuals:
(1) Overt
(2) Latent
3. Infantosexual
a. Pedophilia
a. Homosexual pedophile
b. Heterosexual pedophile
4. Bestosexual
5. Autosexual
7. Gerontophilia
8. Necrophilia
9. Incest
As to Instinctual Strength of Sexual Urge:
1. Over Sex
a. Satyriasis
b. Nymphomania
2. Under-sex
a. Sexual anesthesia
b. Dyspareunia
 c. Vaginisimus
d. Old age
As to Mode of Sexual Expression or Way of Sexual Satisfaction:
1. Oralism
a. Fellatio (Irrumation)
b. Cunnilingus
c. Anilism (anilingus)
2. Sado-masochism (Algolagnia)
a. Sadism (Active Algolagnia)
(1) Cannibalism
(2) Love bites
b. Masochism (Passive algolagnia)
3. Fetishism
a. Anatomic
b. Clothing
c. Necrophilic
d. Odor (Ospresiophilia)
(1) Urolagnia
(2) Coprolognia
(3) Mysophilia
e. Pygmalionism
f. Mannikinism
g. Narcissism
h. Negative fetish
i. Saboteur fetish
j. Incendiarism
k. Vampirism
As to the Part of the Body:
1. Sodomy
2. Uranism
3. Frottage
4. Partialism
As to Visual Stimulus:
1. Voyeurism
2. Mixoscopia (Scoptophilia)
As to Number:
1. Troilism (Menage a trois')
2. Pluralism
Other Sexual Deviates:
1. Coprolalia
2. Don Juanism
3. Indecent exposure (Exhibitionism)
Sexual Reversal:
1. Transvestism
2. Transexualism
3. Intersexuality
a. Gonadal agenesis
b. Gonadal dysgenesis
 (1) Klenefetter's syndrome
(2) Turner's syndrome
c. True hermaphroditism
d. Pseudohermaphrodite
(1) Male pseudohermaphrodite
(2) Female pseudohermaphrodite
 CHAPTER XXII

PREGNANCY

DEFINE

1. ​Pregnancy-​ i​s the state of a woman who has within her body the ​growing product
of conception or a fecundated germ. It commences ​from the time the egg cell is
fertilized and terminates at the time ​such product of conception is expelled or
delivered. ​539

2. Menarche​- The commencement of menstruation.

3.​ M
​ enopause- ​The cessation of menstruation. ​551

4. ​Jacquemin-Chadwick’s sign​- There is a pale violet discoloration of the anterior

wall of ​the vagina below the urethral meatus. The color changes to ​bluish as
pregnancy advances and in some cases it becomes ​later very dark or black in color.
542

5. Hegar’s sign- ​Bi-manual examination of the gravid uterus shows extreme

softening of the cervix. ​543

​ hen the cervix of the uterus feels as hard as the tip of ​the nose,
6. ​Goodell’s sign- W
pregnancy does not exist, but when it is as soft as​ ​the lips, the uterus is gravid​. ​544

7. Ballottement- ​This is the feeling perceptible to the fingers on giving ​sudden

impulse to the child through the neck of the uterus. ​The child floating in liquor amnii
is driven by the impulse ​against the other side of the uterus, and it is this blow
against​ ​the womb that is perceptible to the hand placed on the abdomen​.

8. Braxton-Hick’s sign- ​This is the rhythmical contraction and relaxation of the

uterus, perceptible to the hand when resting on the abdomen. ​The interval of
contraction is usually five to twenty minutes ​and lasting from two to five minutes.
Fibroid uterus may​ ​also give this sign​.

​ his is the fertilization made by separate intercourses of two

9. ​Superfecundation- T
ova which have escaped at the same act of ovulation. ​549

​ his is the fertilization of two ova which have escaped at different

10. ​Superfoetation- T
acts of ovulation. This is possible before the time the deciduas ​vera has united with
the decidua reflexa; that is, before the end of​ ​the third month of pregnancy.

11. ​Pseudocyesis-​ I​ t is an imaginary pregnancy usually observed among women

nearing menopause or in younger women who are very desirous of​ ​having children.
KNOW

1. Legal Importance of Pregnancy ​539

The legal importances of the study of pregnancy are: a.) Pregnancy is a ground for the
suspension of the execution of the death sentence in a woman; b.) A conceived child is
capable of receiving donation; c.) A conceived child may exercise civil rights; d.)
Concealment of the woman that she is pregnant at the time of marriage is a ground for the
annulment of marriage.

2. Why some women claim pregnancy even if they are not? ​540

The reasons why some women claim pregnancy even if they are not are: a.) Pregnancy is a
ground for the suspension of the death sentence in a woman; b.) A lawful plea in mitigation
when charged with theft; c.) A ground for widow's larger claim; d.) Claim for the posthumous
child; e.) ​For ​black-mailing purpose.

3. Why some women deny that they are pregnant? ​541

The reasons why some women deny the existence of pregnancy are: a.) there is no ground
for them to become pregnant; b.) It is a defense when accused of infanticide or abortion; c.)
Marriage inducement.

4. Lab tests for pregnancy ​545

The laboratory tests for pregnancy are: a.) Pregnancy Slide Test and b.) Gravindex
HCG Slide Test. In Pregnancy Slide Test, the procedure is to ​place 1 drop of urine,
then 1 drop of Pregnancy Slide Test ​antiserum 1 in one of the circles on the test
slide and mix ​thoroughly with a disposable stirring rod. ​Add 1 drop of Pregnancy
Slide Test antigen 2 (shake well). ​Mix well with the stirring rod, distributing the
mixture over the ​whole area of the circle. ​Carefully agitate the slide with a circular
motion to ensure ​that the fluid revolves slowly within the circle. In Gravindex HCG
Slide Test​, t​ he principle involved and procedure is practically the same as the
Pregnancy Slide Test. ​Gravindex ​is merely a trade name.

5. How to estimate the date of delivery? ​548

To estimate the date of delivery:

1. From the date of the first day of the last menstruation, add seven ​days and count
three months backwards.

2. Count forward nine calendar months from the date of the first ​day of the last
menstruation and add one week.

3. Count forty weeks or ten lunar months from the date of the first ​day of the last
menstruation.
4. Determination of the level of the fundus of the uterus

5. MacDonald Method:

Measure the distance from the symphysis pubis up to the fundus ​of the uterus in
centimeters divided by 3.5 gives the age in month​ ​of gestation.

6. Date of the quickening. It is customary to count ahead 24 weeks ​in multigravidas

and 22 weeks in primagravidas from the date of ​the quickening. This has been found
not to be reliable.

6. Fetal death diagnosis ​550

The following are proofs that the fetus is dead:

1. Repeated examinations of the uterus show that the size remains stationary even
after a lapse of a number of weeks and months.

2. Endocrine test for pregnancy is negative on more than one occasion. Moreover,
death of the fetus may not mean death of the placental tissue which manufacture
gonadotrophin. As long as the placental tissue continues to manufacture the trophic
hormone, it will be positive in the urine. During the later months of pregnancy, the
following are the additional proofs of death of the fetus:

3. Cessation of the fetal movement after they have been felt.

4. Absence of fetal heart sounds after a repeated and prolonged examination.

5. Positive signs of fetal death as shown by the palpation of softened macerated fetal
head, with bones freely movable on each other and the scalp hanging over a loose
sac.

6. The breasts cease to enlarge and become soft and flabby

7. May a woman be unconscious or unaware of her pregnancy?

It is hardly credible but may happen in rare instances. A woman after being married
for several years and has dismissed in her mind the possibility of being pregnant
may grow stouter or may entertain the possibility that the enlargement of the
abdomen is due to some internal pathology or disease.

8. Is it possible for a child to be born without human form?

Following the principles of heredity, no child can be born without human form.
Hereditary qualities are transmitted from parents to offsprings. Monstrosities and
other forms of abnormalities of a child does not divorce from the child the human
form. Close inspections of the monsters and congenitally deformed children will
show human form. Our present civil code eliminated "human form" as a requisite for
the personality of a new-born child.

9. Can impregnation occur when the woman is unconscious?

Yes. This has been proven in many cases. A woman may be under ​the influence of
narcotics, anesthesia, alcohol or other knock-out ​drugs during the sexual intercourse
which resulted in her pregnancy.

1. Laws involved in: 539

a. Implementation of Penalties on Pregnant Women

Art. 83, Revised Penal Code: Suspension of the execution of the death
sentence

b. Pregnancy

Articles 40, 41, 85, 86, 87 and 742 of the Civil Code.

DIFFERENTIATE

Presumptive Sign/Positive Sign

EXPLAIN

​ haracteristics of the fetus towards the pregnancy ​547

1.​ C

End of first month —Length — 1.0 cm.; Diameter — 2.0 cm.; Eyes,
ears and mesodermic segments are distinguishable; Limb buds are present.

End of second month—Length — 3.0 cm.; Diameter — 6.5 cm.; Weight

— 15.5 gm.

End of third month —Length — 8.0 cm.; Weight — 85.0 gm.

End of fourth month — Length — 13 cm.; Weight — 204 gm.; Sex can
be distinguished; Skull partly ossified, with wide sutures and fontanelles.

End of fifth month —Length — 22.5 cm.; Weight — 450 gm.; Hair and
lanugo have appeared; Skin begin to be covered with vernix caseosa.

End of sixth month — Length — 30 cm.; Weight — 900-1,100 gm.;

Skin is still wrinkled, but subcutaneous fat is beginning to form; Eyebrows
appear;
 End of seventh month— Length — 37.5 cm.; Weight — 1 Vt kg.; Eyelids
open; Testicle is beginning to descend unto the scrotum; nails do not reach the tip of
fingers; Lanugo disappearing from the face; Child is viable (28 weeks).

End of eight month — Length — 42 cm.; Weight — 2 to 2lA kg.; Skin is only
slightly wrinkled, and flesh colored; Lanugo beginning to be shed; Left testicle is
generally in scrotum.

At term — Length — 50 cm.; Weight — 3 to ZlA kg.; Nails beyond or at the

level of the finger tips; Hair of the scalp is 5 cm. long; Lanugo is only seen on the
shoulder.

​ uration of pregnancy ​548

2.​ D

The average duration of pregnancy is 270 to 280 days from the onset of the last
menstruation. There is no means of determining it with certainty.

ENUMERATE

​ edical Evidences of Pregnancy ​541

1.​ M

Signs and symptoms of pregnancy may be divided into presumptive or probable and
positive or certain:

a. Presumptive of Probable Signs and Symptoms

i.​ Cessation of menstruation

​

ii.​ Morning sickness

​

iii.​ Changes in breasts

​

iv.​ Progressive enlargement of abdomen

​

v.​ Changes in color of vagina and softening of the cervix

​

vi.​ Funic soufflé or umbilical Souffle

​

vii.​ Ballottement
​

viii.​ Braxton-Hick’s Sign

​

ix.​ Bladder Irritability

​

x.​ Capricious appetite

​

xi.​ Abnormality in pigmentation

​
 xii.​ Easy fatigability
​

b. Positive Signs and Symptoms of Pregnancy

i.​ Hearing of the Fetal Heart Sounds (Mayor’s Sign)

​

ii.​ Outlining of the Fetal Parts

​

iii.​ Movement of the fetus

​

iv.​ X-ray Examination

​

2.​ P
​ robable signs and symptoms of pregnancy

a.​ Cessation of menstruation

​

b.​ Morning sickness

​

c.​ Changes in breasts

​

d.​ Progressive enlargement of abdomen

​

e.​ Changes in color of vagina and softening of the cervix

​

f.​ Funic soufflé or umbilical Souffle

​

g.​ Ballottement
​

h.​ Braxton-Hick’s Sign

​

i.​ Bladder Irritability

​

j.​ Capricious appetite

​

k.​ Abnormality in pigmentation

​

l.​ Easy fatigability

​

3. Positive signs and symptoms of pregnancy

a.​ Hearing of the Fetal Heart Sounds (Mayor’s Sign)

​

b.​ Outlining of the Fetal Parts

​
 c.​ Movement of the fetus
​

d.​ X-ray Examination

​

4. Signs of pregnancy in the dead

a. Presence of Ovum or Fetus

b. Findings on the Uterus Itself

c. Corpus Luteum

5. Proofs of previous pregnancy

a.​ L
​ axity of the abdominal wall

b.​ P
​ resence of striae of pregnancy on the abdominal wall.

c. Perineum is lax with a scar if there was previous laceration. Fourchette

is markedly retracted.

d. Vestige only of the hymen is present (caruncula myrtiformis).

e. Breast is lax with enlarged nipples.

f. Vaginal examination shows previous laceration of the cervix

 CHAPTER 23

DELIVERY
DEFINE | TERMS

● Delivery ​is the process by which a woman gives birth to her offspring. (p.
552)

● Purperium ​is the interval between the termination of labor (delivery) to the
complete return of the reproductive organ to its normal nonpregnant state.
Puerperium usually lasts from 6 to 8 weeks. (p. 552)

● ​Linea Albicantes (p. 553)

At first it is reddish in color and is called linea rubra. It is brought about by the
breaking of the capillaries when the abdomen is distended. Later, a scar-like
tissue develops from the area and is called "Linea albicantes." This is also called
striae of pregnancy.

● Linea Nigra (p. 553)

During the course and development of the gravid uterus, there develops on
the abdominal wall from the region of the symphysis pubis to the umbilicus or
even above it a dark pigmentation of the skin. This pigmentation which is usually
in the form of a straight line in the median line persists up to delivery. The origin
of linea nigra is most probably hormonal.

KNOW

● Why is study of delivery important? (p. 552)

The study of delivery is important because proof of delivery is necessary in judicial

action on the following:
1. Legitimacy
2. Abortion
3. Infanticide
4. Concealment of birth
5. In slander or libel

● What judicial actions is it necessary to prove delivery?

1. Legitimacy
2. Abortion
3. Infanticide
4. Concealment of birth
5. In slander or libel

DIFFERENTIATE

● Delivery: Natural route | Surgical route (p. 552- 553)

Natural Route:
Expulsion of the products of conception through the normal passage; that is, through
the vaginal canal.

Surgical Route:
The expulsion of the products of conception is not through normal openings of the
female generative tract but through some artificial openings brought about by
surgery.

EXPLAIN | DISCUSS

● Process of Delivery (Wikipedia)

The most common way of childbirth is a ​vaginal delivery​. ​It involves three
stages of labour: the ​shortening and ​opening of the cervix during the first stage,
descent and birth of the baby during the second stage, and the delivery of the
placenta during the third stage. The first stage begins with crampy abdominal or
back pain that lasts around half a minute and occurs every 10 to 30 minutes. The
pain becomes stronger and closer together over time. The second stage ends when
the infant is fully expelled. In the third stage, the delivery of the placenta, ​delayed
clamping of the umbilical cord is generally recommended. As of 2014, all major
health organizations advise that immediately following vaginal birth, or as soon as
the mother is alert and responsive after a Caesarean section, that the infant be
placed on the mother's chest, termed ​skin-to-skin contact, delaying routine
procedures for at least one to two hours or until the baby has had its first
breastfeeding.

ENUMERATE

● Methods of Delivery (p. 552- 553)

1. Natural Route
2. Surgical Route

● Signs of recent delivery (p. 553- 555)

1. Languid look, with pulse and temperature slightly increased
2. Peculiar odor
3. Changes in the breast
4. Flaccidity of the abdominal wall
 5. Linea Albicantes present in the abdominal wall
6. Presence of Linea Nigra
7. Uterus is enlarged and palpable
8. Laxity of the perineum with possible tear
9. Vaginal canal is lax and with possible lacerations
10. Cervix of the uterus is flabby, patulous and may be torn
11. Presence of lochial discharge
12. Evidence of placenta, umbilical cord and new-born child
13. Positive Pregnancy Slide Test

● Signs of remote delivery in the living (p. 555)

1. Changes in the breast:
The breast becomes pendulous and linea albicantes are found on the skin
on account of the retraction of its size. There is dark color of the areolae and the
consistency is soft. The nipples are prominent due to the sucking of the child.

2. Vulva and perineum:

Scar of the previous laceration may be present. There is marked retraction of
the fourchette and perineum.

3. Hymen:
Remains of the hymen may only be present in the form of carunculae
myrtiformis. Very rarely is the hymen preserved after delivery.

4. Signs of previous laceration of the cervix:

The opening of the cervical canal may no longer be seen as a round hole but
slit-like on account of the previous laceration during delivery.

5. Presence of striae of pregnancy or linea atrophica on the abdominal

wall.

● Post Mortem findings of a woman who [died] delivered recently (p. 555-
556)

1.Findings in the uterus:

a. Laceration or contusion of the cervix.
b. Uterus is enlarged and flabby.
c. The inner surface of the uterus is bloody and rugged-looking.
d. Dark color sloughy and gangrenous sinuses are evident at the
endometrial lining at the site of the former placenta.
e. There is relative hypertrophy and increase in thickness of the uterine wall.

2. Findings in the ovary: ​There is presence of corpus luteum.

3. Findings in the other organs:
a. Hydremia of the blood.
b. Slight anemia. depending upon the amount of hemorrhage in the delivery
and immediately thereafter.
c. Congestion and hypertrophy of the milk glands of the breast.

4. Pathology accountable for the cause of death:

a. Signs of eclampsia.
b. Findings of endometritis, peritonitis, toxemia, etc.
c. Signs of cardiac, renal or pulmonary affection.
d. Findings of rupture of the uterus.
e. Signs of severe loss of blood during delivery.
 CHAPTER 24

DEFINE l TERMS

● ABORTION ​- the expulsion of the contents of a gravid uterus

anytime before full term or the forcible expulsion of the product of
conception anytime before the age of viability.
- Legal viewpoint: the willful killing of the fetus in the uterus,
or violent expulsion of the fetus from the maternal womb and
which results to the death of the fetus.
● VIABILITY OF FETUS ​- point at which the fetus is "potentially
able to live outside the mother's womb", albeit with respiratory aid.
And, later, as when it is capable of meaningful life outside the
mother's womb.
● POSTMORTEM ABORTION ​- is the expulsion of the product of
conception after death of the pregnant woman brought about by the
post-mortem contraction of the uterine muscles.
● THERAPEUTIC ABORTION - ​an abortion which the law allows
under some specific justifications.

KNOW

PROVISIONS ON ABORTION

1. Intentional Abortion:

Art. 256, Revised Penal Code:

Any person who shall intentionally cause an abortion shall

suffer:

1. The penalty of reclusion temporal, if he shall use any violence

upon the person of the pregnant woman.
 2. The penalty of prision mayor if, without using violence, he shall
act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum

periods, if the woman shall have consented.

2. Unintentional Abortion:

Art. 2B7, Revised Penal Code:

The penalty of prision correccional in its minimum and medium

periods shall be imposed upon any person who shall cause an abortion by
violence, but unintentionally.

3. Abortion practiced by the woman herself or by her parents:

Art. 258, Revised Penal Code:

The penalty of prision correccional in its medium and maximum

periods shall be imposed upon a woman who shall practice an abortion
upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor,
shall suffer the penalty of prision correccional in its minimum and medium
periods.

If this crime be committed by the parents of the pregnant woman or

either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the penalty
of prision correccional in its medium and maximum periods.

4. Abortion practiced by a physician or midwife and dispensing of

abortives:
 Art. 259, Revised Penal Code:

The penalties provided in article 256 shall be imposed in its

maximum period, respectively, upon any physician or midwife who,
taking advantage of their scientific knowledge or skill, shall cause an
abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a

physician, shall dispense any abortive shall suffer arresto mayor and a fine
not exceeding 1,000 pesos.

Drugs Commonly Used for Abortion

a. ​Drugs acting directly on the uterus:

(1) Emmenagogues:

Emmenagogues are substances which increase the menstrual flow.

The manner it promotes menstrual flow may be its direct effect on the
uterus or indirectly by increasing bodily tone.

(a) Direct Emmanagogues — These are substances which act

directly on the uterus or on the nervous system in close relation to it.

Examples:

Ergot Potassium permanganate

Apiol Aloes

Pennyroyal Tamsy

Cantharides Borax

(b) Indirect Emmenagogues — These are substances which induce

or increase menstrual flow by promoting and building the health of the
person as a whole.

Indirect Emmenagogues may be Classified as:

 i. Tonic — as iron, arsenic, strychnine.

ii. Hematinics — as iron, copper, liver extracts.

iii. Purgative — as magnesium sulfate, castor oil.

(2) Ecbolics:

Ecbolics are substances which when taken cause death or expulsion

of the product of conception by stimulation of the uterine muscles.

The Most Common Ecbolics are:

(a) Ergot

(b) Quinine

(c) Pituitary Extract

(d) Lead and Mercury

b. Drugs acting reflexly through the genito-urinory tract:

These are drugs which produce irritation of the genitourinary tract

and reflexly incite uterine contraction. Large dosage of the drug may cause
severe inflammatory changes in the kidney and may cause uremia due to
suppression of its function. Diuretics may also cause reflex contraction of
the uterus but in a very mild way. The following drugs may act on the
genito-urinary tract and may reflexly make the uterus to contract:

(1) Oil of Pennyroyal

(2) Oil of Tamsy

(3) Oil of Turpentine

c. ​Drugs acting reflexly through the gastro-intestinal tract:

These are drugs whose principal site of action is the gastrointestinal

tract but may cause uterine contraction due to its reflex action. The
following drugs may fall under this category:

(1) Castor oil (4) Gamboge

(2) Magnesium sulfate (5) Aloes

(3) Croton oil (6) Elatrium

d. Drugs having poisonous effects in the whole body:

These are drugs whose manner of action is not localized in certain

tissues or organs but in the whole body. To this group are the animal,
vegetable and mineral irritant poisons.

4. By Surgical Intervention:

This is a method of abortion by the application or the use of

instrument by gynecologist or by surgeon. Surgical intervention may be:

a. Dilatation and curettage.

b. Surgical abdominal route (hysterolaparotomy).

5. Modern methods of inducing or procuring abortion:

a. Amniocentesis — Intrauterine injection of hypertonic saline or glucose

solution (20% saline or 50% glucose). The needle is inserted in the
abdominal wall or vaginal route. This method is applied when pregnancy
is beyond 2 months. Expulsion of the uterine content usually occur 24 to
48 hours after injection.
b. Vacuum suction ​(commonly known as menstrual regulation) may be
applied through the cervix. The suction apparatus will create a negative
pressure of 0.4 — 0.6 kg. per cm. Sufficient to detach and brake up the
products of conception. The procedure is quite simple and usually applied
to 12 — 14 weeks of pregnancy.

Is the threat to commit suicide due to pregnancy a valid reason to

induce abortion?

There are divergent decisions on this point.

In the case of Hatchard v. State (48 N.W. 380 Wis.) a woman who
threatened to commit suicide unless she could be relieved of the child with
which she was pregnant does not present such a necessity for the
performance of the operation to save the life of the woman. The intention
of the law applies only to cases where death of the mother might
reasonably be anticipated from natural causes unless the product of
conception is destroyed.

However, in a case cited by Camp and Purchase (Practical Forensic

Medicine, p. 32, 1957), a married woman with unstable character finding
herself pregnant, threatened to commit suicide. The physician whom she
repeatedly made her threat during her unexpected visits referred her to a
psychiatrist who recommended abortion. The operation was carried on by
a reputed gynecologist but unfortunately, the patient died of gangrene of
the uterus. The coroner did not recommend prosecution because the
operation was done to save the life of the mother.

Reasons Why It Is Difficult to Prosecute Physicians Committing the

Crime of Abortion

1. The crime is performed clandestinely by an intelligent being who is

fully aware of his criminal act.

2. The physician has several medical reasons to justify his act. There is no
hard and fast rule in medicine. He may claim that there is medical
justification to such abortion because the woman is suffering from a
disease which might imperil her life if pregnancy will be allowed to
progress to full term.

3. In most cases, the products of conception removed which may be

utilized as corpus delicti in the crime is lost.

4. The pregnant woman herself is in connivance with the physician and it

is quite difficult to let her testify truthfully as to the actual happening. She,
herself, is in pari delicto to the crime of criminal abortion.

5. Medical society seems to have a lukewarm attitude in helping the state

prosecute the abortionist.

Pros and Cons — Restrictive Abortion Law

A. Reason Justifying Restrictive Abortion Law:

1. From the moment of conception life begins to start and

destruction of the growing product of conception will be contrary to the
law of mankind. This is in line with the philosophy that God created man
and only God can destroy it.

B. Reasons for Liberal Abortion Law:

1. Where abortion is illegal, the rich can resort to high-cost and

illegal but safe abortion at home or to a pleasure trip abroad combined
with an abortion. The poor can only stay at home and face the
consequence of high-risk and illegal abortion. This causes discrimination
against the poor and favor the rich. It raises the serious issue of justice and
equal protection under the law.

2. It is no secret, in countries forbidding abortion under any

circumstances, abortion operations continue to exist with very few or
non-prosecution. In the Philippines, the draconian and * restrictive
abortion law has been accompanied in the recent years by non-prosecution,
either of the woman or of the abortionists
 3. Statistics has shown that children born as a consequence of denied
abortion to terminate unwanted pregnancy are mentally and physically
impaired. Any unsuccessful illegal attempt to cause on her abortion, may
cause trauma to the developing product of conception. An overburdened
multipara or a single girl without support may cause psychiatric
disturbance and the children may be a social welfare problem. The
children are abandoned by parents in overcrowded orphanage.

4. A strict anti-abortion law is violative of the right of privacy of a

person. The right of privacy means the right of the individual to the
possession and control of his own person free from all restraints or
interference of others. A woman should have the right to decide whether or
not to bear children and that this right includes the right to have an
abortion.

5. Modern advances in medical diagnostic procedures can determine

whether a developing fetus inside the uterus is suffering from physical
abnormalities. Allowing such product of conception to reach full term will
cause sufferings on the part of the parents and an overburdened social
welfare institution of the government. It is also a factor for the
deterioration of the genetic stock if the defective factor is familiar thus
making an abnormal stock proliferate further.

6. Recent trend in Central Europe and in America is towards

liberalization of their restrictive abortion laws. At present more than 70%
of the total world population are living in countries where abortion law is
liberal. This trend is in consonance to solve a future problem of an
over-populated world.

Religious Consideration of Abortion

As a general rule, all induced abortion are considered sinful, illicit

and against the tenets of the Catholic Church even if sanctioned by law.
The principal basis is that every human being, even the child in the
mother's womb, has the right of existence directly from God and that no
human being has the right to destroy it. A conceived child has the right of
existence as that of the mother.

However, the Catholic Church classified abortion into two main

categories for the purpose of determining whether it may be allowable or
not:

1. Direct A bortion — Deliberate expulsion of the product of conception.

This is never permitted by the Catholic Church even if the purpose is to
save the life of the mother.

2. Indirect Abortion — When the expulsion of the product of conception is

not the primary objective of an operation to save the life of the mother, but
merely incidental or unavoidable to an operation. This type of abortion is
qualifiedly permitted to some extent by the Catholic Church. Thus, the
abortion which occurred incidental to an operation to suppress hemorrhage
or removal of new growth is permissible.

Among the Jews, destruction of the fetus for the purpose of saving
the life of the mother is not only permissible but obligatory. To the
Protestants, abortion is generally considered sinful.

LAWS INVOLVED IN:

1. Intentional Abortion:

Art. 256, Revised Penal Code:

Any person who shall intentionally cause an abortion shall

suffer:

1. The penalty of reclusion temporal, if he shall use any violence

upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall

act without the consent of the woman.
 3. The penalty of prision correccional in its medium and maximum
periods, if the woman shall have consented.

2. Unintentional Abortion:

Art. 2B7, Revised Penal Code:

The penalty of prision correccional in its minimum and medium

periods shall be imposed upon any person who shall cause an abortion by
violence, but unintentionally.

3. Abortion practiced by the woman herself or by her parents:

Art. 258, Revised Penal Code:

The penalty of prision correccional in its medium and maximum

periods shall be imposed upon a woman who shall practice an abortion
upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor,
shall suffer the penalty of prision correccional in its minimum and medium
periods.

If this crime be committed by the parents of the pregnant woman or

either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the penalty
of prision correccional in its medium and maximum periods.

4. Abortion practiced by a physician or midwife and dispensing of

abortives:

Art. 259, Revised Penal Code:

 The penalties provided in article 256 shall be imposed in its
maximum period, respectively, upon any physician or midwife who,
taking advantage of their scientific knowledge or skill, shall cause an
abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a

physician, shall dispense any abortive shall suffer arresto mayor and a fine
not exceeding 1,000 pesos.

Legal Justification to Therapeutic Abortion

Art. 11, No. 4, Revised Penal Code:

Any person who, in order to avoid an evil or injury, does an act

which causes damage to another, provided that the following requisites are
present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of

preventing it.

In the performance of an abortion, Iwo lives are involved, namely,

the life of the mother and the life of the fetus. One life must besacrificed to
save the life of another in case of therapeutic abortion.

DIFFERENTIATE

· Clinical types of abortion

Missed Abortion|Threatened Abortion|Inevitable Abortion|Incomplete Abortion|Complete

Abortion

Missed Abortion - An ovum destroyed by hemorrhage into the choriospace, usually before the fourth
month of pregnancy. The hemorrhage takes place from maternal sinuses into the decidua.
Threatened Abortion ​-Hemorrhage without dilatation of the internal os. A threatened abortion is
vaginal bleeding that occurs in the first 20 weeks of pregnancy. The bleeding is sometimes
accompanied by abdominal cramps. These symptoms indicate that a miscarriage is possible, which is
why the condition is known as a threatened abortion or threatened miscarriage.

Inevitable Abortion - ​Hemorrhage with dilatation of the internal os and presence of rhythmical pain.
It may end by spontaneous expulsion of the product of conception or may require medical
intervention. Hemorrhage and infection are the potential complications.

Incomplete Abortion ​- Not all the product, of conception has been expelled from the uterus;
fragments or portions of which is retained. This will prevent contraction of the uterus and
consequently uncontrolled bleeding will develop. Removal of the retained fragment must be done to
avoid too much loss of blood and potential infection.

Complete Abortion​ — The whole product of conception is expelled.

· ​ Spontaneous Abortion | Induced Abortion

Spontaneous or Natural Abortion - Abortion which occurs without any form of inducement or
intervention.

Induced Abortion ​- Abortion which will not take place had it not been for some form of inducement
or intervention. Induced abortion may be:

A. ​Therapeutic Abortion - ​Abortion purposely done to preserve the life of the mother. Preservation of
the health of the mother may also be a ground to induce therapeutic abortion. The phrase "to preserve
the life of the woman" does not only mean to preserve the life of the woman from death.

​ bortion done without any therapeutic indication but with criminal intent is
B. ​Criminal Abortion - A
punishable by law.

· ​ Direct Abortion | Indirect Abortion

Direct Abortion ​— Deliberate expulsion of the product of conception. This is never permitted by the
Catholic Church even if the purpose is to save the life of the mother.

Indirect Abortion ​— When the expulsion of the product of conception is not the primary objective of
an operation to save the life of the mother, but merely incidental or unavoidable to an operation. This
type of abortion is qualifiedly permitted to some extent by the Catholic Church. Thus, the abortion
which occurred incidental to an operation to suppress hemorrhage or removal of new growth is
permissible.

EXPLAIN | DISCUSS

· ​The legal dilemmas encountered regarding abortion​ (Not in the book)

(Not sure if this is the correct answer; page 561 of the book)
Problems Confronting the Provision of the Revised Penal Code Regarding Abortion:

1. If a woman or a third person induces abortion when pregnancy is beyond the period of viability.
The child born as a result of such criminal act lives. Can there be a crime of abortion committed?

2. If a woman is not actually pregnant but she or a third person believes that she is pregnant. Abortion
was induced on her by the third person and as a result of which she died. Is there a crime of homicide
with intentional abortion?

· ​Medical evidences of abortion both in the living and the dead

Medical Evidences of Abortion in the Living:

A. Presence of external signs of violence in the form of contusions, abrasions, hematoma, open
wounds of whatever form on the body surface if induced by general violence. If violence is applied
locally in the generative tract, injuries of whatever form or description may be seen therein.

B. Examination of the generative tract:

(1) Appearance of the external genitalia and vagina may show laceration, contusion, abrasions
and other marks of instrumentation.

(2) Examine the external os for softness, tear, and discharge.

(3) Note the size of the uterus, its consistency and location.

C. Examination of the instrument used for the presence of blood, placental tissue or fetal parts.

D. History — Note the state of health beforehand after abortion. Inquire as to the motive of the
abortion and history of having ingested or injected with abortives.

E. Signs of previous pregnancy:

(1) Condition of the breasts.

(2) Laxity of the abdominal wall.

(3) Paleness of integument.

(4) General body weakness.

(5) Presence of characteristic lochial discharge and odor.

(6) Palpability of the uterus and laceration of the cervix and perineum.

F. Examination of the expelled product of conception:

(1) Blood examination for maternity and paternity.

(2) Marks of instrumentation.

 (3) Signs of physical violence.

( 4 ) Proof of viability or non-viability of the fetus.

(5) Presence of abortives and other toxic materials in the fetal blood.

(6) Presence or absence of malformation.

(7) Completeness of the placenta.

(8) Other identifying marks.

G. Laboratory test for pregnancy.

H. Testimony of the physician who completed the abortion or of other persons who witnessed the
criminal act.

Medical Evidences of Abortion in the Dead:

Aside from the evidences of abortion in the living which may be found in the dead, the following may
be observed at autopsy:

A. Evidence of instrumentation: This will include the presence of punctured wounds in the placenta,
presence of remnants of the placenta inside the uterine cavity, presence of perforation of the uterus.

B. Examination of stomach and its contents: Abortifacent. drugs and other irritants may be found
inside the stomach upon chemical examination. It is advisable to submit the whole of the stomach
with its contents to a chemical laboratory examination for such determination.

C. Examination of the kidneys and other organs for irritants: Like the stomach and its contents, other
organs like the kidneys, liver, spleen must be subjected to a qualitative and quantitative chemical
examination for the presence of irritant poisons.

D. Examination of the uterine contents:

Remnant of the product of conception for the following:

(1) Infection.

(2) Stage of pregnancy.

(3) Other complication of abortion.

E. Biological test:

(1) Paternity test.

(2) Test for pregnancy.

F. Examination of some untoward effects of abortion:

 (1) Infection, toxemia or bacteremia.

(2) Embolism.

(3) Fistulae formation.

(4) Pelvic adhesions.

· ​Therapeutic abortion, how is it justified through legal grounds?

Under Art. 11, No. 4, Revised Penal Code:

Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.

In the performance of an abortion, Iwo lives are involved, namely, the life of the mother and the life
of the fetus. One life must be sacrificed to save the life of another in case of therapeutic abortion.

If both lives can be saved in accordance with the present state of medical science, then there is no
justification to such abortion, hence the physician must be criminally liable.

A physician in performing a therapeutic abortion is doing an act to save the life or to preserve the
health of the mother. In so doing, damage is done to the conceived child. The child is deprived of its
future existence.

The evil sought to be avoided is the danger on the life of the mother if such pregnancy will be allowed
to continue. Such evil may be infection, organic condition or abnormality existing on the person of the
woman and which under ordinary course of event will cause death.

There is no practical and less harmful way of saving the life of the mother other than sacrificing the
life of the conceived child. If there are other methods which may save both life, then the abortion
cannot be considered justifiable.

In the evaluation as to whose life must be spared, it is a common concept that the life of the mother
must be preferred than that of the unborn child. A conceived child is not definitely sure of its
independent existence while the mother has already manifested real life.

· ​Grounds for therapeutic abortion

The following conditions have been considered by some authorities to be a justifiable ground for
therapeutic abortion:

1. Cardio-vascular conditions as congestive heart failure, auricular fibrillations, repeated hemoptysis,

paroxysmal tachycardia.
2. Renal conditions as chronic nephritis, previous eclampsia, pyelitis, tuberculosis.

3. Pulmonary conditions as advanced tuberculosis.

4. Blood condition as severe anemia.

5. Gynecological conditions as refractory chorea gravidarum.

6. Organic nervous conditions as psychosis.

7. Miscellaneous conditions as diabetes, exophthalmic goiter.

8. Hereditary conditions as insanity.

· ​ Safeguards in doing therapeutic abortion

1. The lawful abortion must be performed by a licensed physician or surgeon.

2. Abortion in order to be justifiable must be performed to save the life or to preserve the health of the
mother. But modern advancement of medical science has reduced the number of diseases which will
endanger the life and health if pregnancy is allowed to progress to full term. A physician must
exercise due diligence in considering a disease or a combination of diseases or conditions as grounds
for the therapeutic abortion.

3. Abortion must be performed openly in a hospital to avoid suspicion that it was done for some cause
other than to save the life of the mother. Abortion performed in a private clinic wherein there are no
sufficient facilities to cope with emergency which may arise in the course of the operation may be a
ground for malpractice.

4. It is advisable to have the opinion of other competent physicians as to the justifiability of such
therapeutic abortion. The opinion of one might be influenced by prejudice and misjudgment.

5. Enlightened and expressed consent must be obtained from the woman herself if she has no
impediment to give consent. It is advisable to have also the consent of the husband, inasmuch as
abortion will affect marital relationship.

ENUMERATE

· ​Elements of Abortion

1. The expulsion of the product of conception is induced.

2. The fetus dies either as an effect of the violence used, drug administered, or the
fetus was expelled before the term of its viability.

· ​ Causes of abortion

1. Death of the fetus — Congenital abnormality, poisoning by minerals like lead, disease
of the decidua, chorion, placenta, amnion, etc.
2. Abnormality of the uterus.

3. Emotional condition — Fright, grief and anger.

4. Abortificient drugs — Ergot, purgatives,

5. Trauma — Direct or indirect.

6. Hormonal deficiency.

7. Acute specific fever and high temperature.

· ​Elements of Intentional abortion

a. That the woman is pregnant.

b. That violence was applied, or drug was administered, or a person acts upon such
pregnant woman.

c. That the effect of such violence, drug or acts of the offender, the fetus dies or is
expelled.

d. That the offender has the intention to abort the pregnant woman.

· ​Elements of Unintentional abortion

a. The woman must be pregnant;

b. Violence was applied on such pregnant woman without the intention of aborting her;

c. The woman aborted as a result of the violence.

· ​Elements of abortion practiced by the woman or by her parents

a. The woman is pregnant.

b. Abortion is intended to be committed.

c. Abortion is induced by:

(1) The pregnant woman herself.

(2) Other persons with the consent of the pregnant woman herself.

(3) The parents of the woman, or either of them for the purpose of concealing her
dishonor and with the consent of the woman herself.

· Elements of abortion practiced by a physician or midwife and dispensing of

abortives
a. The woman is pregnant.

b. The physician induced or assisted in causing the abortion with the use of scientific
knowledge.

c. The acts done by the physician or midwife was intended to cause an abortion. There
must be the intention of the physician to produce abortion and the absence of intention
will not make the physician criminally liable for such consequence.

· Procured Abortion or Induced abortion, how is it done?

How Abortion is Induced or Procured:

1. By General Violence:

This includes intentional violence, as exerting strong physical efforts in golf, horse
riding, cycling, strong pressure applied on the abdomen, and other forms of strenuous
and exhaustive exercises.

a. Severe pressure on the abdomen by kneading, blows, kicks, jumping and tight
lacing.

b. Violent exercise, such as riding on horseback, cycling, jumping from a height,

jolting caused by driving on rough roads, long walks, running up and down the stairs,
and carrying or lifting heavy weights.

c. Cupping, usually by placing a lighted wick on the hypogastric region and

turning a big glass bottle mouth downwards over it. It probably causes separation of the
placenta or possibly injury to the uterine paries.

d. Application of leeches to the pudenda, perineum and the inner surface of the
thighs.

2. By Means of Local Violence:

Local violence may be applied in any portion of the generative organ. This is
usually resorted to when general violence and the use of drug fails to give the desired
result.

a. Use of douche of warm and cold water.

b. Injection of fluid into the uterine cavity.

c. Use of luminaria tent or tangle tent to promote dilatation of the cervix.

d. Use of soft rubber inserted into the cervix.

e. Dilatation of the cervix by instrumentation.

3. By the Use of Drugs:

This is the most common method resorted to by women to produce abortion

· Complications of Abortion

1. Immediate Untoward Effects:

a. Shock:

The shock may be due to the laceration of the uterus or the adjacent organ, like
the bladder, rectum, intestine or blood vessels. The injury may be due to the introduction
of instruments or the application of hot fluid or corrosive substances.

b. Hemorrhage and Anemia:

Occasionally, big pelvic vessels are injured or failure of the uterine wall to
contract is observed in abortion. The rupture of the blood vessels may be due to the
injury of the uterine and vaginal wall of injudicious instrumentation.

c. Embolism:

(1) Air Embolism:

The air may enter the lacerated vessels of the vagina and uterine wall and carried
by the blood to the inferior vena cava, heart and block the pulmonary circulation. In
cases wherein the foramen ovale is potent, the air may escape pulmonary circulation
and block the cerebral circulation.

(2) Fat Embolism:

The injection of oily fluid or laceration of the adipose tissue may cause the
formation of fat emboli in the bloodstream which may lodge in the heart, lungs and brain.

(3) Thromboembolism:

Injury of the uterine wall may cause the formation of thrombus which may be
detached and carried by the circulation to different parts of the body.

(4) Bacterial Embolism:

Infection of the uterus after an abortion may cause lump of bacteria to enter the
circulation in the form of an embolus.

d. Infection:

Pathogenic organism may be introduced into the uterus and produce systemic
symptoms.
 CHAPTER 25

BIRTH
DEFINE | TERMS

Birth​. In medicine, birth is the entire delivery of a child with or without its separation from
the body of the mother.

Stillbirth​. It is that when the child has not breathed or has not shown any sign of life after
being completely born.

Live-birth​. In live-birth the child after birth exhibited clear signs of vitality and viability is
not necessary.

Hydrostatic test​. This test is based upon the principle that the specific gravity of the lungs
becomes less as a result of the introduction of air in the air passages and air sacs.

Breslau’s test​. This test is done to determine whether the child was born alive or not. Some
air is swallowed during respiration in a live born child and detecting the presence of this air
in these viscera constitutes the basis for this test.

Wredin’s test​. It is that where absence of a certain gelatinous matter from the middle ear of
the fetus is taken as evidence that a child has breathed and therefore had been born alive.

KNOW

Legal importance of the study of birth

The following are the legal importance of the study of birth: Birth determines personality; the
appearance of a child is a ground for the revocation of donation; and the proof of live-birth
must first be shown before death of the child by the prosecution in the case of infanticide

Laws involved in​: (p. 575)

Birth determines Personality (Article 40 and 41 of the Civil Code)

Appearance of a child is a Ground for revocation of donation (Article 760 of the Civil
Code)

Infanticide (Article 255 of the Revised Penal Code)

DIFFERENTIATE

Unexpanded lung | Expanded lung

In the former, the volume is small. In the latter, the volume is greater and fills the chest
cavity. In an unexpanded lung, edges are more or less sharply projected beyond the thymus
and heart, while in an expanded lung, edges are rounded and cover the thymus and heart. In
the former, the color is dark brown or uniform purplish gray with no mottling. In the latter,
the color is bright vermillion and lungs show a mottled appearance with bright red parts
alternating with bluish patches. Unexpanded lungs feel solid while expanded lungs feel
spongy and crepitant. The absolute weight of an unexpanded lung is 450-650 grams, while
the expanded lung is 900-1000 grams. A microscopic examination shows collapsed air sacs in
an unexpanded lung, whereas there are expanded air sacs and blood vessels engorged in an
expanded lung.

EXPLAIN | DISCUSS

Proofs of Live-Birth

Proof of live-birth can be deduced in the following: well-developed signs of breathing;

presence of air or food in the stomach; and changes having taken place in the region of the
umbilicus. It is not possible to determine the exact length of time the child has lived after
birth, but an approximate idea may be formed after consideration of the following points:
changes in the skin, presence of caput succedaneum, changes in the umbilical cord, and
changes in the circulation.

ENUMERATE

​Causes of stillbirth

1.​ ​Immaturity

2.​ ​Congenital diseases or malformation

3.​ ​General debilitating diseases

a. Acute specific infection

b. Toxemia

c. Kidney disease

d. Acute liver disease

e. Septicemia
 4.​ ​Local disease of the generative organ

a. Syphilis

b. Ablatio placenta, intra-placental hemorrhage, or extensive infarction

c. Kind of the cord

d. Placenta previa

5.​ ​Accidents in the delivery

a. Disproportion of the birth canal and the fetus

b. Injudicious forcep application

c. Prolapse of the cord or strangulation of the cord

d. Hemorrhage

e. Abnormal presentation

f. Influence of narcotics, anesthesia or intoxicating liquor

g. Puerperal insanity

h. Prolonged labor

i. Hasty parturition

j. Spasm of the larynx

k. Hemorrhage of the cord

6.​ ​Violence, either deliberate or accidental at birth

Signs of Maturity of the child at birth

1.​ ​Length of the fetus — 50 centimeters.

2.​ ​Weight - 3.0 kilos

3.​ ​Lanugo hair almost disappeared

4.​ ​Limbs and body plump

5.​ ​Face lost its wrinkles

6.​ ​Skin covered with vernix caseosa

7.​ ​Head covered with hair about 2 inches long

 CHAPTER 26. INFANTICIDE (NEONATICIDE).​NJV
DEFINE | TERMS

· ​Infanticide – It is the killing of a child less than three (3) days old, whether the
killer is the parent or grandparent, any other relative of the child, or a stranger.

· ​Parricide - It is the killing of the father, mother, or child, whether legitimate or

illegitimate, or other legitimate ascendant or descendant, or the legitimate spouse of
the accused. (Art. 246, Revised Penal Code)

KNOW

·​ ​ ​How the crime of infanticide is committed.

- The crime of infanticide may be committed in two (2) ways, namely: 1) By

omission or neglect; and 2) By commission.

·​ ​Laws Involved in Infanticide:

- Article 255 (Crimes Against Persons), Revised Penal Code

DIFFERENTIATE

·​ ​Omission Infanticide | Commission Infanticide

The 2 ways of committing the crime of Infanticide:

1)​ B
​ y Omission or Neglect:

a. ​Failure to ligate the umbilical cord - If the umbilical cord is

not ligated after it is cut, the child may bleed to death. Fatal
hemorrhage may also occur, if the cord is not tightly ligated.

b. ​Failure to protect the child from heat and cold - Exposure

of the child to heat and cold may cause the death of the child
without leaving any mark of violence. This is usually done by
depriving the child of necessary clothing.

c. ​Failure to take the necessary help of a midwife or a skilled

physician.

d.​ F
​ ailure to supply the child with proper food.

e. ​Failure to remove the child from the mother’s discharge

which resulted in suffocation.

2)​ B
​ y Commission:
 a. ​Inflicting physical injuries – A person with the use of
kitchen utensils or any other hard or sharp objects may
traumatize a child.

b. ​Suffocation – The face of the child may be pressed into

some soft tissues like a bed-sheet or a pillow.

c. ​Strangulation – This is commonly made by placing a tight

cord or rope around the neck. Manual strangulation is also
common.

d. ​Drowning – The child may be disposed of in a sewerage

disposal in a creek, or in a deeper body of water with weight
attached to the body to prevent floating.

e. ​Poisoning – Denatured alcohol, tincture of iodine, or any

other drugs which form a part of the household remedies may
be administered to the child. A thorough examination of the
gastro-intestinal tract for irritation and an examination of the
organs and its contents by a toxicologist are necessary to
determine the kind of poison and the quantity taken.

f. ​Burning – This form of killing an infant is not common.

This may be resorted to with the simultaneous burning of the
dwelling place to conceal offense.

g. ​Deliberate exposure to heat or cold – The child may be

exposed to direct sunshine or may be placed in a basin of
cold water until death.

EXPLAIN | DISCUSS

·​ ​Post Mortem Findings in cases of Infanticide

1) Complete examination of the skin surfaces may show presence of marks of

physical violence in the form of fingernail marks especially at the neck. There
may be other forms as abrasion, contusion, hematoma, or lacerated wounds;
ligature or pressure marks on the neck.
2) Examination of the mouth and upper portion of the alimentary tract may
show signs of irritation if death is due to poisoning.
3) Laceration or other forms of injury of the upper portion of air passage with
deformity of the trachea and larynx.
4) The lungs may show petechial hemorrhages, emphysema, or signs
of drowning.
5) There may be fracture of the bones, laceration of the internal organs,
cerebral hemorrhages, etc.
6) In cases of poisoning, the organs must be preserved and sent to a
competent toxicologist for proper analysis.

ENUMERATE
·​ ​ ​Motives for Committing Infanticide:

1) To conceal dishonor especially when there is no reason for her to give birth
to a child. She may be single, widowed, estranged from the husband or living
separately where access is not possible.

2) Financial reason — An added member to the family may cause increased

financial burden. Care of the child may prevent the mother to pursue her
means of livelihood.

3) Desired number of children has already been attained. Infanticide is made as

a substitute for ineffective family planning.

4) Congenital abnormality of the child.

5) Parent is suffering from mental abnormality.

6) Belief that the child will bring bad luck to the family.

·​ ​Criminological Characteristics of Infanticide:

1) It is most often committed by the mother.

2) The criminal act is almost always committed in the home.

3) The crime scene shows no manifest disturbance, no witnesses and no noise or

outcry.

4) The trauma applied is so minimal that when applied to an adult it will not even
produce lethal effect.

5) A newly born child found dead was born dead. The burden of proof that a living
child has been killed is placed on the prosecution.

·​ ​ ​Elementsof Infanticide:
1) That a child was killed;
2) That the deceased child was less than three days (72 hours) of age; and
3) That the accused killed the said child.
CHAPTER 35: BASIC PRINCIPLES OF PHILIPPINE CRIMINAL LAW

DEFINE | TERMS

· Criminal or Penal Law – It is that branch or division of law which defines crimes, treats of
their nature, and provides for their punishment. (Book 1, RPC)

· Felonies – These are acts or omission violative of the Revised Penal Code committed
either intentionally or negligently. (RPC, Art. 3)

· Criminal Intent – This element is necessary in a felony, for an act does not make a person
criminal unless he possesses a criminal mind.
- It is the purpose to use a particular means to effect such result.
- It is a mental state; hence, its existence is shown by overt acts.

· Principal to crime - The following are considered principals:

1. Those who take a direct part in the execution of the act (Principal by Direct
Participation);
2. Those who directly force or induce others to commit it (Principal by
Inducement) and;
3. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished (Principal by Indispensable
Cooperation). (Art. 17, RPC)

· Accomplice to crime – They are persons who, not acting as principals, cooperate in the
execution of the offense by previous and simultaneous acts, which are not indispensable to
the commission of the crime. (Art. 18, RPC)

· Accessory to crime – They are those who:

1) Having knowledge of the commission of the crime; and
2) Without having participated therein either as principals or accomplices, take part
subsequent to its commission in any of the following acts:
A) By profiting themselves or assisting the offender to profit by the effects
of the crime;
B) By concealing or destroying the body, effects or instruments of the
crime to prevent its discovery; or
C) By harboring, concealing, or assisting in the escape of the principal of
the crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive or is known to be habitually
guilty of some other crime.

· Penalties – It is the suffering that is inflicted by the State for the transgression of the law.
(Title 3, RPC)

· Pardon – It is an act of grace, proceeding from the power entrusted with the execution of
the laws, which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime he has committed.
· Complex Crime – It consists in the successive execution, by the same individual, of
different criminal acts, upon any of which no conviction has yet been declared. (Art. 48,
RPC)

· Conspiracy – It exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. (Art. 8, RPC)

· Proposal (Felony) – It is committed when the person who has decided to commit a felony
proposes its execution to some other person or persons.

KNOW

· Characteristics of Penal Law

1) General - The penal law must apply to all person within a territory,
irrespective of sex, race, nationality, and other personal circumstances; with
certain exceptions.

2) Territorial - As a general rule, penal laws are enforcible within the territorial
jurisdiction of a state. It is inherent upon a state to promulgate such laws
which it thinks best for its self-preservation.

3) Prospective - No person can be penalized for a crime which is not

punishable at the time of commission.

· Criminal Liability and its exceptions -

I. By any person committing a felony (​delito​) although the wrongful act done
be different from that which he intended. (Par. 1, Art. 4, RPC)

Exceptions:

1. When the injury suffered by the offended party is due to some

causes or accident foreign to the facts constituting the felony.

2. When the injury suffered by the offended party is due to his

inexcusable negligence or deliberate misconduct.

3. When the injury suffered by the offended party is due to the lack of
skill, lack of foresight, or gross carelessness or negligence of a third
person.

II. By any person performing an act which would be an offense against

persons or property, where it not for the inherent impossibility of its
 accomplishment or on account of the employment of inadequate or ineffectual
means. (Par. 2, Art. 4, RPC)

· Who are considered Principals of crime?

The following are considered principals:

a. Those who take a direct part in the execution of the act (Principal by
direct participation);

b. Those who directly force or induce others to commit it (Principal by

inducement);

c. Those who cooperate in the commission of the offense by another

act without which it would not have been accomplished (Principal by
cooperation). (Art. 17, RPC)

· Theories justifying penalties

1. As a preventive measure of the State:

The state is obliged to punish the criminals to prevent or suppress the danger
to the State and to the public arising from the criminal acts of the offender.

2. As a measure of self-defense:

The State has the right to punish the wrong-doer to protect society from the
threat and wrong inflicted by the criminal.

3. To reform the criminal:

It is the prime duty of the State to correct or reform the criminals.

4. For exemplarity:

The wrong-doer is punished to be made as an example to discourage others

committing crimes.

5. To do justice:

The criminals are punished by the State as an act of retributive justice, a

vindication of absolute right and moral law violated by the criminal.
· Classification of Penalties

I. Principal Penalties:

1. Capital punishment:

·​ Death
​

2. Afflictive penalties:

·​ Reclusion perpetua
​

·​ Reclusion temporal
​

·​ Perpetual or temporary absolute disqualification

​

·​ Perpetual or temporary special disqualification

​

·​ Prision mayor
​

3. Correctional penalties:

·​ Prision correccional
​

·​ Arresto mayor
​

·​ Suspension
​

·​ Destierro
​

4. Light penalties:

·​ Arresto menor
​

·​ Public censure
​

5. Penalties common to the three preceding classes:

·​ Fine
​

·​ Bond to keep the peace

​

II. Accessory Penalties:

 1. Perpetual or temporary absolute disqualification

2. Perpetual or temporary special disqualification

3. Suspension from public office, the right to vote and to be voted

for, the profession or calling.

4. Civil interdiction

5. Indemnification

6. Forfeiture or confiscation of instruments and proceeds of the offense

7. Payment of costs. (Art. 25)

· Effect of pardon

A pardon shall not work the restoration of the right to hold public office, or the
right of suffrage, unless such rights be expressly restored by the terms of the
pardon.

A pardon shall in no case exempt the culprit from the payment of the civil
indemnity imposed upon him by the sentence. (Art. 36)

· Division of the degree of penalty into periods

Each degree of penalty is further subdivided into three periods, namely:

maximum, medium, and minimum periods, except the indivisible penalties,
like death. As to what period within a degree shall be imposed upon a convict
depends upon the mitigating and aggravating circumstances present which
must offset one another.

· Extinction of Criminal Liability

I . Total Extinction:

1. By the death of the convict, as to the personal penalties; and as to

pecuniary penalties, liability therefore is extinguished only when death
of the offender occurs before final judgment.
 2. By service of the sentence.

3. By amnesty, which completely extinguishes the penalty and all its

effects.

4. By absolute pardon.

5. By prescription of the crime.

6. By prescription of the offense.

7. By the marriage of the offended woman, as provided in article 344 of

this Code. (Art. 89)

II. Partial Extinction:

1. By conditional pardon.

2. By commutation of the sentence.

3. For good conduct' allowances which the culprit may earn while he is
serving his sentence. (Art. 94)

4. Special time allowance for loyalty (Art. 98)

5. Preventive imprisonment.

DIFFERENTIATE

· French Rule | English Rule

The following are theories as to jurisdiction:
a. French Rule — If the crime is committed on board a foreign vessel in Philippine
water, it should not be prosecuted in our local court, except when the offense affects
the peace, security and safety of the Philippines. This theory emphasizes nationality.
b. English Rule — If a crime is committed on board a foreign vessel in Philippine
water, the case is triable in our local court, except when it merely affects internal
discipline and management of the vessel.

· Attempted Crime | Frustrated Crime | Consummated Crime

Stages of Execution of a Crime

1. ATTEMPTED
In attempted felony, the offender never goes beyond the subjective phase of the
crime. The following are the requisites:
a. The offender commences directly or by overt acts the execution of the crime.
b. The external acts must have direct connection with the crime. Overt act means the
act which followed by another act will commit the felony.
c. The offender fails to perform all the acts of execution by reason or cause other
than his spontaneous desistance. In attempted felony, the offender fails to perform
all the acts of execution of the crime due to external interventions or causes. If the
offender desisted later because of fear or remorse, there would be no attempted
felony and such act is not punishable by law. The reason of the law for exempting
him from any criminal liability is to reward him for having been at the verge of a
crime, heed to the call of his conscience and return to the path of righteousness.

2. FRUSTRATED
There is frustrated felony when the offender has performed all the acts of execution
which will produce the felony, but it did not produce the crime because of some
causes independent of the will of the offender. The subjective phase of the crime is
complete but fails to realize the objective phase for reason independent of the will of
the offender. The subjective phase of the crime begins from the moment the offender
thought of committing the felony or from the commencement of the overt acts to the
last act of the offender to produce the desired effect. The objective phase starts
beyond the last act of the offender up to the time the desired effect has been
produced.
Requisites:
a. The offender has done all the acts of execution which would produce the felony.
b. The desired effect was not produced by reason or causes independent of the will
of the offender. If the desired felony was not produced because of the voluntary will
of the perpetrator, then there is no frustrated crime.

3. CONSUMMATED
There is consummated crime when the offender has done all of the acts of execution
necessary for a felony and the desired result as a direct and natural consequence of
which was produced. The crime is complete in its subjective and objective phase.

· Criminal Liability: Total Extinction | Partial Extinction

(KNOW: EXTINCTION OF CRIMINAL LIABILITY)

EXPLAIN | DISCUSS

· Applications of the provision of the Revised Penal Code

- The provisions of the RPC shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but also
outside its jurisdiction against those who:
1. Should commit an offense while on a Philippine ship or airship.
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands.
3. Should be liable for acts connected with the introduction into this Islands of the
obligations and securities mentioned in the preceding number.
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and law of nations,
defined in Title One of Book Two of this Code. (Art. 2).

· Exceptions to the rule that the Penal Laws are strictly Territorial
I. Provisions of treaties and Laws of -preferential application:
The Philippines accepted the principles of international law as a part of the
law of the land. The generally accepted principles of International Law must
prevail over the existing municipal laws in case of conflict between the two
laws.
1. Provision of Treaty:
The Philippine-United States Base Agreement:
a. The Philippine consents that the United States shall have the right to
exercise jurisdiction over the following offenses:
(1) Any offense committed by any person within any base
except:
(a) Where the offender and the offended parties are
citizens of the Philippines, and
(b) The offense is against the security of the Philippines.
(2) Any offense committed outside the bases by any member of
the armed forces of the United States in which the offended
party is also a member of the armed forces of the United States.
(3) Any offense committed outside the base by member of the
armed forces of the United States against the security of the
United States.
b. The Philippines shall have the right to exercise jurisdiction over all
other offenses committed outside the bases by any member of the
armed forces of the United States.

2. Operation of International Law (Exterritoriality):

The right of exterritoriality is the right to be exempted from local
jurisdiction granted to citizen or subjects of another state by operation
of International Law.
Exterritoriality embraced the following immunities and privileges of
diplomats and members of the suite:
a. Exemption from criminal and civil jurisdiction.
b. Immunity of domicile and diplomatic premises from local
jurisdiction (franchise de l'hotel). The diplomatic envoy and his
residence is considered to be an extension of the territory and
person of the country wherein he is a citizen of.
 II. Statutory exceptions:
Article 2 of the Revised Penal Code mentioned specific instances wherein the
provision may also be applied.
1. Should commit an offense while on a Philippine ship or airship.
2. Should forge or counterfeit any coin or currency not of the Philippine Islands or
obligations and securities issued by the government of the Philippine Islands.
3. Should be liable for acts connected with the introduction into this Islands of the
obligations and securities mentioned in the preceding number.
4. While being public officers or employees, should commit an offense in the
exercise of their function; or
5. Should commit any of the crimes against national security and laws of national.
· What are:
o Justifying Circumstances
- A person who acted by virtue of a justifying circumstance does not commit a
crime in the eye of the law. In as much as no crime is committed then it follows that
there is no criminal. The person is exempted from criminal and civil liability.
o Exempting Circumstances
- In exempting circumstances, there is a crime committed but there is no
criminal on account of the absence of free will and voluntariness to act. The offender
although exempted from the criminal liability may be civilly liable for his felonious act.
o Mitigating Circumstances
- These are circumstances which lessen the penalty. The penalty may be the
minimum within a degree provided there are no aggravating circumstances to off-set
them or the penalty will be lowered one or two degrees from that one prescribed by
law.
o Aggravating Circumstances
- Aggravating circumstances increase the penalty or qualify a crime to a graver
one. The basis is the moral perversion of the offender is dangerous to the state and
justify longer confinement.
o Alternative Circumstances
- Alternative circumstances are those which must be taken into consideration
as aggravating or mitigating according to the nature and effects of the crime and the
other conditions attending its commission. They are the relationship, intoxication and
the degree of instruction and education of the offender.

· Duration of penalties
1. Reclusion Perpetua:
Any person sentenced to any of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such person by reason of his conduct
or some other serious cause shall be considered by the Chief Executive as unworthy
of pardon. (Art. 27)
2. Reclusion temporal:
The penalty of reclusion temporal shall be from twelve years and one day to twenty
years. (Art. 27)
3. Prision mayor and temporary disqualification:
The duration of the penalties of prision mayor and temporary disqualification shall be
from six years and one day to twelve yean except when the penalty of
disqualification imposed as an accessory penalty, in which case its duration shall be
that of the principal
penalty. (Art. 27)
4. Prision correccional, suspension and destierro:
The duration of the penalties of prision correccional, suspension and destierro shall
be from six months and one day to six years, except when suspension is imposed as
an accessory penalty; in which case, its duration shall be that of the principal
penalty. (Art. 27)
5. Arresto Mayor:
The duration of the penalty of arresto mayor shall be from one month and one day to
six months. (Art. 27)
6. Arresto Menor:
The duration of the penalty of arresto menor shall be from one day to thirty days.
(Art. 27)
7. Bond to keep the peace:
The bond to keep the peace shall be required to cover such period of time as the
court may determine. (Art. 27)

· Effects of penalties
1. Perpetual or temporary absolute disqualification:
a. The deprivation of the public offices and employments which the offender may
have held, even if conferred by popular election.
b. The deprivation of the right to vote in any election for any popular elective office or
to be elected to such office.
c. The disqualification for the offices or public employment and for the exercise of
any of the rights mentioned. In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3 of this article shall last during
the term of the sentence.
d. The loss of all rights to retirement pay or other pension for any office formerly
held. (Art. 30)
2. Perpetual or temporary special disqualification:
a. The deprivation of the office, employment, profession or calling affected.
b. The disqualification for holding similar offices or employments either perpetually or
during the term of the sentence, according to the extent of such disqualification. (Art.
31)
3. Suspension from any public office, profession or calling, or right of suffrage:
The suspension from public office, profession or calling, and the exercise of suffrage
shall disqualify the offender from holding Buch office or exercising such profession or
calling or right of suffrage during the term of the sentence. The person suspended
from holding public office shall not hold another having similar functions during the
period of his suspension. (Art. 33)
4. Civil Interdiction:
Civil interdiction shall deprive the offender during; the time of his sentence of the
rights of parental authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property and of the right to
dispose of such property by any act or any conveyance inter vivos. (Art 34)
5. Bond to keep the peace:
It shall be the duty of any person sentenced to give bond to keep the peace, to
present two sufficient sureties who shall undertake that such person will not commit
the offense sought to be prevented, and that in case such offense be committed they
will pay the amount determined by the court in its judgment, or otherwise to deposit
such amount in the office of the clerk of the court, to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the
bond. Should the person sentenced fail to give the bond as required he shall be
detained for a period which shall in no case exceed six months, if he shall have been
prosecuted for a grave or less grave felony, and shall not exceed thirty days for a
light felony. (Art. 35)
6. Destierro:
Any person sentenced to destierro 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 less than 25 kilometers from the place designated. (Art 87)

ENUMERATE

· Statutory exceptions
1. Should commit an offense while on a Philippine ship or airship.
2. Should forge or counterfeit any coin or currency not of the Philippine Islands or
obligations and securities issued by the government of the Philippine Islands.
3. Should be liable for acts connected with the introduction into this Islands of the
obligations and securities mentioned in the preceding number.
4. While being public officers or employees, should commit an offense in the
exercise of their function; or
5. Should commit any of the crimes against national security and laws of national.

· Elements of a Felony
1. There must be an act or omission.
2. Such act or omission must be done voluntarily.
3. Such act or omission must be punishable by law at the time of the commission.

· Requisites of criminal intent.

1. There must be freedom of the person committing the felony.
2. There must be intelligence on the part of the person committing the felony.

· Stages of execution of a crime.

1. Attempted Felony
2. Frustrated Felony
3. Consummated Felony

· Persons criminally liable

1. Principals
2. Accomplices
3. Accessories

· Circumstances affecting Criminal Liability

1. Justifying C.
2. Exempting C.
3. Mitigating C.
4. Aggravating C.
5. Accommodating C.

· Kinds of Mitigating Circumstances

1. Privileged Mitigating C.
2. Ordinary Mitigating C.

· Kinds of Aggravating Circumstances

1. Generic
2. Specific
3. Qualifying
4. Inherent

· Circumstances that Aggravate Criminal Liability

1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act he committed with insult or in disregard of the respect due the
offended party on account of his rank, age, or sex or that it be committed in the
dwelling of the offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive, or in his
presence, or where public authorities are engaged in the discharge of their duties, or
in place dedicated to religious worship.
6. That the crime be committed in the night time or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic, or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or
afford impunity.
9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted final judgment of another crime
embraced in the same title of this Code.
10. That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage, thereto, derailment of a locomotive, or
by the use of any other artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken
the defense.
16. That the act be committed with treachery (alevosia). There is treachery when the
offender commits any of the crimes against the person, employing means, methods,
or form in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party
might make.
17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.
18. That the crime be committed after an unlawful entry. There is an unlawful entry
when the entrance is effected by a way not intended for the purpose.
19. That as a means to the commission of a crime a wall, roof, floor, door, or window
be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or
by means of motor vehicles, airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission (Art. 14, RPC).

· Afflictive penalties (KNOW)

• Reclusion perpetua
• Reclusion temporal
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Prision mayor

· Correctional penalties (KNOW)

• Prision correccional
• Arresto mayor
• Suspension
• Destierro

· Light penalties (KNOW)

• Arresto menor
• Public censure
· Common penalties (KNOW)
• Fine
• Bond

· Accessory penalties (KNOW)

1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension from public office, the right to vote and to be voted
for, the profession or calling.
4. Civil interdiction
5. Indemnification
6. Forfeiture or confiscation of instruments and proceeds of the offense
7. Payment of costs. (Art. 25)

· Effects of penalties (EXPLAIN|DISCUSS)

1. Perpetual or temporary absolute disqualification:
2. Perpetual or temporary special disqualification:
3. Suspension from any public office, profession or calling, or right of suffrage:
4. Civil Interdiction:
5. Bond to keep the peace:
6. Destierro:

· Total Extinction (KNOW)

1. By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability therefore is extinguished only when death of the offender occurs
before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
6. By prescription of the crime.
5. By prescription of the offense.
7. By the marriage of the offended woman, as provided in article 344 of this Code.
(Art. 89)

· Partial Extinction (KNOW)

1. By conditional pardon.
2. By commutation of the sentence.
3. For good conduct' allowances which the culprit may earn while he is serving his
sentence. (Art. 94)
4. Special time allowance for loyalty (Art. 98)
5. Preventive imprisonment.