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TITLE EIGHT: A. Relationship is Essential element of parricide

CRIMES AGAINST PERSONS
Chapter 1:
Destruction of Life
Section 1: Parricide, murder, homicide
Art. 246. Parricide. - Any person who shall kill his father, mother, or
child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to death.
 The person killed should be either of the accused:
o father
o mother,
o child, whether legitimate or illegitimate
o legitimate other ascendant or other descendant
o the legitimate spouse
AFMQs
Q: What kind of relationship is contemplated in Parricide?
A: The relationship of the offender with the victim must be in the
direct line, by blood, except in the case of a legitimate spouse, and it
must be legitimate, except in the case of a parent and child.

I. Crime/s under this article:
Parricide
Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants,
or his spouse
II. Acts punishable:
1. Kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his
spouse
III. Elements
 That a person is killed.
 That the deceased is killed by the accused.
 That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse, of the accused.
IV. Key Concepts
Q: Is it necessary for the prosecution to present the marriage
contract of the accused and the victim in the prosecution of
parricide?
A: It is not necessary for the prosecution to present the marriage
contract of the accused and the victim. There is a presumption that
persons living together as husband and wife are married to each
other. The mere fact that no record of the marriage exists in the
registry of marriage does not invalidate said marriage, as long as in
the celebration thereof and all the requisites for its validity are
present.
Q: A killed his brother. What is the crime committed?
A: The crime committed is murder or homicide as the case may be.
In parricide, it is necessary that the relationship must be in the direct
line. However, the relationship between brothers is in the collateral
line.
Q: Mr. B killed another person without knowing that the person
he killed was his son. Do you think Mr. B can still be held liable
for parricide?
A: A can still be held liable for parricide. The lack of knowledge of the Q: What if A killed his illegitimate son, is it parricide?
offender that his victim was his son is immaterial. A: Yes. The article provides that in case of his children, the crime
committed is parricide if the person killed is either legitimate or
Q: LJ wanted to kill his wife Muriel and so LJ hired LL to kill illegitimate
Muriel. LL was able to successfully kill Muriel. What do you
think are the crimes committed by LJ and LL? Q: What if A killed his illegitimate faither, is it parricide?
A: The husband, LJ, is liable for parricide as principal by inducement. A: Yes. The article provides that in case of his children, the crime
The hired killer, LL, is liable for murder or homicide as the case may committed is parricide if the person killed is either legitimate or
be. The personal relationship of the husband to wife cannot be illegitimate
transferred to a stranger.
C. Parricide vs infanticide
B. Clarification on the enumeration  If the child killed by his parent is less than three (3) days old,
 For parents and children, it embraces either legitimate or the crime is infanticide. (Art 255)
illegitimate
 For ascendants other parents (such as grandparents) and Parricide Infanticide
descendants other than children (such as grandchildren), it is As to basis
only parricide if it is legitimate Its basis is the relationship The basis is the age of the child
 Summary: between the offender and the victim.
Relationship Parricide or not victim.
Legitimate Father or Mother Parricide As to commission
Illegitimate Father or Mother Parricide It can be committed only by the Infanticide may be committed by
Legitimate Child Parricide relatives enumerated. any person whether relative or
Illegitimate Child Parricide not of the victim.
Legitimate Grandparents Parricide As to application of conspiracy
Illegitimate Grandparents Not Parricide Conspiracy cannot be applied Conspiracy is applicable because
Legitimate Grandchildren Parricide because the relationship of the the circumstance of age pertains
Illegitimate Grandchildren Not Parricide offender and the victim is an to the victim; only one
essential element. A separate information shall be prepared for
Q: What if A killed his illegitimate grandfather, is it parricide? information must be filed for the all the conspirators.
A: No. The article provides that the person killed should be a parricide and murder or homicide
legitimate ascendant or descendant on the part of the non-relative
conspirator.
Q: What if A killed his illegitimate grandson, is it parricide?
A: No. The article provides that the person killed should be a D. Not applicable in relationship by adoption or by law
legitimate ascendant or descendant  Only relatives by blood may be legitimate or illegitimate
 Therefore, an adopted father or adopted son is not applicable
  Father-in-law or son in-law is not included in this provision for
parricide.
AFMQs
Q: “A” is an adopted child of “B”. “A” killed “B’s” parents. Will
“A” be liable for parricide or will be liable for homicide or
murder?
A: “A” may be held liable for murder or homicide as the case may be.
For the crime of parricide to arise, the relationship must be
legitimate, by direct line, and by blood. However, in this case, A
being an adopted child, cannot fall under the first requisite that the
relationship must be legitimate and that the relationship between A,
the adopted child, and his adoptive parents are exclusive between
them. Therefore, A cannot be considered as a legitimate descendant
of the parents of B.
E. Parricide by reckless imprudence
 A accidentally shot B his wife while defending them from
robbers
F. Parricide by mistake
 The law does not require knowledge of relationship
 Thus, A who mistook B his father, as his enemy and killed him
is guilty of parricide
G. Indemnity in Parricide
 75k as civil liability, 75k as moral damages, 30k as
exemplary, 25k as temperate damages and 6% interest per
annum from finality of decision up to payment
V. Other concepts
 The spouse must be legitimate. If it is a common law spouse,
the crime is homicide
 Marriages among Muslims or among members of the ethnic
cultural communities performed in accordance with their
customs, rites or practices are valid
 Stranger cooperating in parricide is not guilty of parricide by
only homicide or murder
Q: A killed B his common law wife and C their illegitimate
daughter. What crime did A commit?
A: A committed the crime of homicide for B and parricide for C.
Art. 247. Death or physical injuries inflicted under exceptional
circumstances. - Any legally married person who having surprised
his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical
injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he
shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to
parents with respect to their daughters under eighteen years of age,
and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife
or daughter, or shall otherwise have consented to the infidelity of the
other spouse shall not be entitled to the benefits of this article.
I. Crime/s under this article:
Art. 247 does not define and penalize a felony.
 This article does not define a felony, for if the killing of, or the
inflicting of the serious physical injuries on, the spouse and/or the
paramour is done under the circumstances mentioned in this
article, the accused shall be sentenced to destierro, instead of the
 severe penalty for parricide, homicide, or serious physical injuries
provided for in Arts. 246, 249, or 263.
 The law, when the circumstances provided by this article are
present, considers the spouse or parent as acting in a justified
burst of passion.
II. Acts punishable:
 No acts punishable because this article does not provide for a
crime
III. Elements
1. That a legally married person or a parent surprises his spouse or
his daughter, the latter under 18 years of age and living with him,
in the act of committing sexual intercourse with another person.
2. That he or she kills any or both, of them or inflicts upon any or
both of them any serious physical injury in the act or immediately
thereafter.
3. That he has not promoted or facilitated the prostitution of his wife
or daughter, or that he or she has not consented to the infidelity
of the other spouse.
AFMQ
Q: What is the concept of death or physical injuries inflicted
under exceptional circumstances?
A: Article 247 does not describe a crime but it is a absolutory cause
on behalf of the spouse or parent who was surprise by the sexual
intercourse made by his/her spouse or daughter.
It only arises when the crimes of murder, homicide, or parricide is
inflicted. It is only raised as a defense.
IV. Key Concepts
.
A. The word "surprise" in the phrase "having surprised his
spouse in the act of committing sexual intercourse with
another person."
 The word "surprise" means "to come upon suddenly and
unexpectedly."
 However, in People v Gabriel, the offender was initially
peeping and waited for the actual sexual intercourse to
happen before interfering. The accused is not found guilty.
 Surprising the spouse or young daughter in the act of sexual
intercourse, indispensable requisite
Q: What if A did not actually saw the sexual act, but merely saw
B, jumping out the window of her daughter’s room. A killed her
daughter. Will Art 247 apply?
A: No. The article provides that he must surprise his spouse or
daughter under 18 years old and living with him in the act of
committing sexual intercourse with another person.
B. Art. 247 is not applicable when the accused did not see
his spouse in the act of sexual intercourse with another
person.
 The phrase "in the act of committing sexual intercourse" does
not include merely sleeping on the same bed.
 Neither does that phrase include a situation where the
accused surprised his wife after the act, as when he saw her
already rising up and the man buttoning his drawers.
AFMQ
Q: Is it necessary for the spouse to actually witness the sexual
intercourse between his wife and the paramour for this defense
to prosper?
A: It is not necessary the offended spouse actually saw the other
spouse and the other person committing the sexual act provided that
it can be inferred that the actions of the offenders that a sexual
intercourse is being performed.
However, another view is provided by jurisprudence that it is
necessary for the offended spouse to actually see the sexual act
before this defense to prosper.
AFM: The suggested answers to the bar questions would give you
the impression that the accused must have actually witnessed the
sexual intercourse between the spouse and the paramour.
For consistency, because it is safe if you will rely on the suggested
answer of the council because they are the ones who give their own
opinions and views with these bar questions. It is more safe to
subscribe to their view because if your answer is the same with their
answer, it is more probable that you will get the correct one. The
Supreme Court also considers their views.
You may also cite two views but make sure that you are emphasizing
that there are two views under this defense.
C. it is enough that the circumstances show reasonably that
the carnal act is being committed or has just been
committed.
 it is not necessary that he sees the carnal act being
committed by his wife with his own eyes. It is enough that he
surprises them under such circumstances as to show
reasonably that the carnal act is being committed or has just
been committed
 It does not apply when the wife and another man enters a
room alone, undresses, performed mutual acts of the
character of lasciviousness all in prelude to the carnal act.
There must be actual sexual intercourse
 But Justice Laurel in his dissenting opinion, asked: "Must the
offended husband look on in the meantime and wait until the
very physical act of coition takes place? This interpretation is
far from being rational and certainly does violence to the
reason and purpose of the law."
D. The killing or inflicting of serious physical injuries must
be (1) "in the act of sexual intercourse," or (2)
"immediately thereafter."
 it is necessary, for the application of Art. 247, that he killed or
inflicted damage (1) while they were in the act of sexual
intercourse or, if not, because they were able to run away, (2)
immediately after surprising them in the act of sexual
intercourse.
Q: A saw his wife having sexual intercourse with another. He
then proceeded to run after the other man and killed him. He
returned to his house and saw his wife there and killed her too.
The prosecutor argued that Art 247 may not apply because the
killing was not done immediately after. Is the contention
correct?
A: No. The unfaithful wife was not killed in the very place where she
was caught, for the reason that the wronged husband preferred first
to attack the despoiler of his honor and afterwards the adulterous
wife who succeeded in getting away from the place where she was
caught with her paramour. The assault upon the woman must be
understood to be a continuation of the act of the wronged husband's
pursuit of her paramour, who had the good fortune to escape and
immediately get away from the place of the crime.
The discovery, the escape, the pursuit and the killing must all form
part of one continuous act.
E. The killing must be the direct by-product of the accused's
rage
 Though quite a length of time, about an hour, had passed
between the time the accused-appellant discovered his wife
having sexual intercourse with the victim and the time the
latter was actually shot, the shooting must be understood to
be the continuation of the pursuit of the victim
 The Revised Penal Code, in requiring that the accused "shall
kill any of them or both of them. . . immediately" after
surprising his spouse in the act of intercourse, does not say
that he should commit the killing instantly thereafter. It only
requires that the death caused be the proximate result of the
outrage overwhelming the accused after chancing upon the
spouse in the basest act of infidelity. But the killing should
have been actually motivated by the same blind impulse, and
 must not have been influenced by external factors. The killing
must be the direct by-product of the accused's rage.
Q: A saw his wife B with another man. The man was able to
escape through the window, but the wife received a severe
scolding from her husband and was ordered to leave the house.
B went to the kitchen to get a knife and attached A. However, A
was able to wrestle the knife from her and repeatedly stabbed
her. A is now invoking Art 247. Is the argument tenable?
A: NO. it appearing that although he found his wife on bed with
another man, he did not kill her on that account. For her
reprehensible conduct he merely upbraided her and bade her to
leave the house.
F. Banishment not intended as penalty
 The penalty of destierro is not really intended as a penalty but
to remove the killer spouse from the vicinity and to protect him
or her from acts of reprisal principally by relatives of the
deceased spouse.
V. Other concepts
 The accused must be a legally married person
 Article 247 does not seem to require that the parent be
legitimate.
 This article applies only when the daughter is single
o This is because when she is unmarried, she is under
parental control
 If the physical injuries inflicted are less serious or slight, there
is no criminal liability. It is an absolutory cause as expressly
provided under the Article
 The article is not applicable to person who consented to the
infidelity of spouse, or who facilitated the prostitution of his
wife or daughter
Q: A saw his common law wife having sexual intercourse and
killed her, will Art 247 apply?
A: NO. Because she is not his legal wife
AFMQs
Q: A, the illegitimate father of B, saw her having sexual
intercourse and killed her, will Art 247 apply?
A: Yes, because it is not required that the parent should be
legitimate. It is not necessary that the parent be legitimate as long as
the daughter is living with such parent and is being given support.
Q: What if the daughter is already married, can the parents still
invoke this defense?
A: The parents can no longer invoke this defense because it is the
now the spouse of such daughter may invoke the defense.
Q: Third persons are seriously injured in the course of the firing
at the paramour of the woman, do you think that the offending
spouse be free from criminal liability?
A: The offending spouse is not free from criminal liability, instead, he
may be liable for serious physical injuries through simple imprudence
or negligence.
Art. 248. Murder. - Any person who, not falling within the provisions
of Article 246 shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.
I. Crime/s under this article:
Murder
It is the unlawful killing of any person which is not parricide or
infanticide, provided that treachery, in consideration of price, reward
or promise, means of inundation, on occasion of calamity, evident
premeditation or cruelty is present
II. Acts punishable:
 Unlawful killing of another which is not parricide or infanticide and
the foregoing circumstances are present
III. Elements
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying
circumstances mentioned in Art. 248.
4. The killing is not parricide or infanticide.
IV. Key Concepts
. i. Treachery
A. Not falling within the provisions of Article 246."
 If the death falls under Parricide or Infanticde, murder is not
committed
 Penalty for Parricide is Reclusion Pepetua to death.
 Penalty for Murder is Reclusion Temporal to death
Q: A planned the murder of his father by attacking him while he
is crossing a dark alley. He was successful but was caught.
What crime did he commit?
A: Parricide. Even though there is treachery and evident
premeditation, Art 248 provides that murder can only be committed if
it is not parricide or infanticide.
B. Rules for the application of the circumstances which
qualify the killing to murder
i. Murder will exist with only one of the circumstances
 When there are two or more qualifying circumstance, one
will qualify the crime to murder, the others will be
considered as generic aggravating
ii.When the other circumstances are absorbed or
included in one qualifying circumstance, they cannot
be considered as generic aggravating
 There were ten or more armed captors of the female victim,
and one or some of them shot her at the back. The
aggravating circumstance is either treachery, abuse of
superior strength or aid of armed men.
 However, only qualifying circumstance may be appreciated
because they others are included
iii. The qualifying circumstances enumerated in Art. 248
must be alleged in the information
C. Qualifying circumstance: First paragraph
  The killing of the victims is qualified with treachery, when
the shooting was sudden and unexpected, and the victims
were not in a position to defend themselves
 killing a person with treachery is murder even if there is no
intent to kill
 Killing of a child of tender years is murder qualified by
treachery
Q: Why is killing a child of tender age treachery?
A: The killing of a child is murder even if the manner of attack
was not shown. The qualifying circumstance of treachery or
"alevosia" exists in the commission of the crime of murder when
an adult person illegally attacks a child of tender years and
causes his death.
ii.
Qualifying circumstance: Taking advantage of
superior strength
 To qualify the killing, superior strength must be taken
advantage of.
iii. Qualifying circumstance: With the aid of armed men
 The accused had companions who were armed when he
committed the crime, this circumstance is considered
present.
 The armed men must take part in the commission of the
crime directly or indirectly and the accused must avail
himself of their aid
iv. Qualifying circumstance: Employing means to
weaken the defense
 Offender throws a cloak over the head of his victim
 Suddenly casts sand or dirt upon the eyes of the victim
and then kills him
v. Employing means or persons to insure or afford
impunity.
 Impunity: To be exempted from punishment or freedom
from the injurious consequences of an action
 one who covered his face with handkerchief before killing
his victim
D. Qualifying circumstance: Second paragraph - In
consideration of a price, reward or promise
 The person who gives and who receives are both liable for
murder
 The person who received the price or reward or who accepted
a promise of price or reward is a principal by direct
participation
 The person who gave the price or reward or who made the
promise is a principal by induction.
E. Qualifying Circumstance: Third paragraph - By means of
fire, poison, explosion, etc.
 There should be an actual design to kill and that the use of the
enumerated items should be purposely adopted as a means
to that end.
 Treachery and evident premeditation are inherent in murder
by means of poison and, as such, they cannot be considered
as aggravating
 It is not correct to say that the use of poison is inherent in
murder. It becomes inherent only when the offender has the
intent to kill the victim and he uses poison as a means to kill
him.
Q: A set fire to an automobile in the basement of an inhabited
house. However, the fire became out of hand and burned the
whole building killing a person therein. Is the crime of murder
committed?
A: No. It is only homicide. There is no actual design to kill and use of
fire as a means.
Q: A, who had direct control of rat poison in the poultry, had an
illicit affair with B. Thus, they planned to kill the husband of B
by using said substance to poison him. They succeeded. What
crime did they commit?
A: Murder by using poison.
Q: A gave her chocolate with an overdose of Cantharide, a
chemical which is used to excite a person sexually.
Consequently, the woman died, it being a fact that cantharide
contains poison. There is no question that the intention of the
accused was merely to excite the woman sexually, and not to
kill her. Did a commit murder?
A; No, he committed homicide. The accused had no intention to kill
the woman; but having committed a felony, he was responsible for
the consequence even if the wrongful act done was different from
that which he intended.
F. Qualifying Circumstance: On the occasion of inundation,
shipwreck, etc., of an earthquake, eruption of a volcano,
epidemic or any other public calamity
 Killing a person on the occasion of inundation, shipwreck,
eruption of a volcano, epidemic, etc., or any other public
calamity, when taken advantage of by the offender, qualifies
the crime to murder
G. Qualifying Circumstance: With evident premeditation.
 This circumstance is present and it qualifies the killing of a
person to murder, when the prosecution proves the following:
1. the time when the offender determined (conceived) to
kill his victim;
2. an act of the offender manifestly indicating that he
clung to his determination to kill his victim; and
3. a sufficient lapse of time (at least three hours) between
the determination and the execution of the killing.
H. Qualifying Circumstance: With cruelty.
 There is cruelty when other injuries or wounds are inflicted
deliberately by the offender, which are not necessary for the
killing of the victim.
 The victim must be alive when the other injuries or wounds
are inflicted.
 But there is no cruelty, when the offender in inflicting several
other wounds on the victim has only a decided purpose to kill
him.
AFMQ
Q: What is the difference between cruelty as a qualifying
circumstance of murder against cruelty as a generic
aggravating circumstance?
A: In cruelty as a qualifying circumstance in murder under Art 248,
aside from cruelty, any act that would amount to scoffing or decrying
the corpse of the victim will qualify the killing to murder.
In cruelty as an aggravating circumstance under Art 14, It requires
that the victim be alive, when the cruel wounds were inflicted and,
therefore, there must be evidence to that effect.
I. Qualifying Circumstance: Outraging or scoffing at the
person or corpse of the victim
 A person is found dead with wounds in the back, neck and
other parts of the body is either cruelty if the victim was still
alive when other wounds were inflicted or, otherwise,
outraging or scoffing at his corpse
 The word "outraging" means to commit an extremely vicious
or deeply insulting act
 The word "scoffing" means to jeer, and implies a showing of
irreverence.
 Examples:
o having anal intercourse with the woman after killing her
is an outrage
o Weighing the victims' bodies with a cement boulder and
tying their wrists and ankles with nylon cord
 o Cutting off of the head and limbs and the opening up of
the body to remove the intestines, lungs and liver.
o The mere decapitation of the victim's head
o The killer scoffed at the dead when the intestines were
removed and hung around the neck of the victim's
brother
Cruelty Outraging or scoffing at the
person or corpse of the victim
There are unnecessary injuries There are unnecessary injuries to
to the person killed inflicted the person killed inflicted while the
while the victim is still alive victim is already dead
J. Penalty
 Penalty for murder was reclusion temporal in its maximum
period to death
AFMQ
Q: What will happen if there is more than one qualifying
circumstance present in the commission of the killing?
A: Where there are more than one qualifying circumstance present,
only one will qualify the killing, with the rest to be considered as
generic aggravating circumstances. But there are also other
circumstances wherein they are absorbed or included in one
qualifying circumstance, they cannot be considered as generic
aggravating.
Art. 249. Homicide. - Any person who, not falling within the
provisions of Article 246, shall kill another without the attendance of
any of the circumstances enumerated in the next preceding article,
shall be deemed guilty of homicide and be punished by reclusion
temporal.
I. Crime/s under this article:
Homicide
It is the unlawful killing of any person, which is neither parricide,
murder, nor infanticide.
II. Acts punishable:
 Unlawful killing of another which is not murder, parricide or
infanticide
III. Elements
1. That a person was killed;
2. That the accused killed him without any justifying
circumstance;
3. That the accused had the intention to kill, which is presumed;
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.
IV. Key Concepts
.
A. Intent to kill is conclusively presumed when death
resulted.
 When death resulted, even if there is no intent to kill, the
crime is homicide, not merely physical injuries
 The penal law looks particularly to the material results
following the unlawful act and holds the aggressor responsible
for all the consequences thereof
B. Evidence of intent to kill is important only in attempted or
frustrated homicide
 It is important to determine the proper crime
 In attempted or frustrated homicide, the offender must have
the intent to kill the victim.
 If there is no intent to kill on the part of the offender, he is
liable for physical injuries.
 Intent to kill must be proved beyond reasonable doubt
Q: What if the death would have been prevented had he
received appropriate medical attention, is it still homicide?
A: Yes. It is immaterial.
C. "Without the attendance of any of the circumstances
enumerated in the next preceding article" or of the
qualifying circumstance of parricide or infanticide.
 In the absence of clear proof of any circumstance that would
qualify as murder the killing of the deceased, the guilty person
should be sentenced only for homicide
D. No offense of frustrated homicide through imprudence. ♣
 It is error to convict the accused of frustrated homicide
through reckless imprudence
 The element of intent to kill in frustrated homicide is
incompatible with negligence or imprudence.
 Intent in felonies by means of dolo is replaced with lack of
foresight or skill in felonies by culpa
Q: The accused erroneously used a highly poisonous
substance. When taken by the patient, the latter nearly died.
Thus, he was charged with frustrated homicide thru reckless
imprudence. Is it correct?
A: No. The element of intent to kill in frustrated homicide is
incompatible with negligence or imprudence.
E. Peculiar circumstances of homicide
i. Two different persons inflicted mortal wounds to the
victim which resulted to the latter’s death
 Since either wound could cause the death of C, both are
liable and each one of them is guilty of homicide
 This ruling is applicable only when there is no conspiracy
between or among the accused because their liability
would have been the same
ii. The victim was dying because of injury inflicted and
decided to commit suicide
 The accused is liable for homicide
 When the death of B occurred, the wound inflicted by A did
contribute to the event. B was actually dying when he cut
his throat. After the throat was cut, B continued to languish
from both wounds
F. Accidental Homicide
 Accidental homicide is the death of a person brought about by
a lawful act performed with proper care and skill, and without
homicidal intent
 Thus, in a boxing bout where the game is freely permitted by
law or local ordinance, and all the rules of the game have
been observed, the resulting death or injuries cannot be
deemed felonious
o But if the rules have been violated the crime would be
homicide through negligence
o if the foul blow is intended for the purpose of killing the
opponent, the crime of intentional homicide
G. Corpus delicti in crimes against persons
 Corpus delicti, in modern sense of the term, means the actual
commission of the crime charged
 Corpus delicti means that a crime was actually perpetrated,
and does not refer to the body of the murdered person
H. Intent to kill, how proved ♣
 The means used by the malefactors;
 The nature, location and number of wounds sustained by the
victim;
 The conduct of the malefactors before, at the time of, or
immediately after the killing of the victim;
 The circumstances under which the crime was committed;
and
 The motive of the accused
  Words uttered at the time of inflicting the injuries on the victim
may also be considered. less than 3 days old is not an element.

AFMQs  Since parricide is based on relationship, co-conspirators cannot

Q: What is the corpus delicti in the crimes of homicide or be liable for parricide but only murder or homicide.
murder?
 For Murder, memorize the qualifying circumstances
A: Corpus delicti in the crimes of homicide or murder consists of two
elements: (1) the fact of death and (2) the identity of the victim.

Q: What if an unlicensed firearm was used in committing

homicide, what is the effect of the use of the unlicensed firearm Test to determine the crime when there is death
in the criminal liability of the accused?
A: The use of an unlicensed firearm is considered as an special Q: Is the victim less than 3 days old?
aggravating circumstance wherein the maximum penalty is imposed. Yes: The crime is Infanticide
No: Is the victim in the direct line and related by blood?
V. Other concepts
Yes: The crime is Parricide
 In homicide, the victim must be killed to consummate the crime. If
No: Is the death of the victim qualified by murder?
the victim is not killed, it is either attempted or frustrated homicide
 The killing must not fall under any of the justifying circumstances
Yes: The crime is Murder
 Use of unlicensed firearm is an aggravating circumstance in
No. The crime is Homicide
homicide.

Gablex Pointers

 To distinguish the related crimes. Here are their peculiarities:
o Parricide – victim is in the direct line AND by blood
o Infanticide – victim is less than 3 days old
o Murder – killing is qualified and should not be parricide
or infanticide
o Homicide – Not any of the three
 In Parricide, Infanticide and homicide, intent is not an element.
Thus, it can be committed through reckless imprudence.
Moreover, knowledge that the person killed is a relative or is
Art. 250. Penalty for frustrated parricide, murder or homicide. -
The courts, in view of the facts of the case, may impose upon the
person guilty of the frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a penalty lower by
one degree than that which should be imposed under the provision
of Article 50.
The courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under Article 51 should be imposed for
an attempt to commit any of such crimes.
I. Crime/s under this article:
None it only provides for penalty
II. Key Concepts
A. Courts may impose a penalty two degrees lower for
frustrated parricide, murder or homicide.
 The court may impose a penalty lower by one degree than
that imposed under Art. 50.
 Art. 50 provides that the penalty next lower in degree than that
 prescribed by law for the consummated felony shall be
imposed upon the principal in a frustrated felony.
 Hence, the court can impose a penalty two degrees lower,
in view of the facts of the case.
 This is permissive — not mandatory.
B. Courts may impose a penalty three degrees lower for
attempted parricide, murder or homicide.
 The court may reduce by one degree the penalty imposed
under Art. 51.
 Art. 51 provides that the penalty lower by two degrees than
that prescribed by law for the consummated felony should be
imposed upon the principals in an attempt to commit a felony
C. Examples
 the defendant had good reason to be jealous of his wife and
attempted to kill her under the influence of resulting passion
 in view of the nature of the wounds inflicted upon the injured
party which were cured in less than one month
D. An attempt on, or a conspiracy against, the life of the
Chief Executive, etc., is punishable by death.
 Any person who shall attempt on, or conspire against, the life
of the following shall suffer the penalty of death:
o The Chief Executive of the Republic of the Philippines,
o That of any member of his family, or
o Against the life of any member of his cabinet or
o That of any member of the latter's family,
Art. 251. Death caused in a tumultuous affray. - When, while
several persons, not composing groups organized for the common
purpose of assaulting and attacking each other reciprocally, quarrel
and assault each other in a confused and tumultuous manner, and in
the course of the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the person or
persons who inflicted serious physical injuries can be identified, such
person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries
on the deceased, the penalty of prision correccional in its medium
and maximum periods shall be imposed upon all those who shall
have used violence upon the person of the victim.
I. Crime/s under this article:
Homicide in a tumultuous affray.
Crime committed when several persons quarrel and assault each
other in a confused and tumultuous manner and someone is killed.
II. Acts punishable:
 Unlawful killing of another during quarrel and assault in a
confused and tumultuous manner
III. Elements
1. That there be several persons.
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally.
 3. That these several persons quarreled and assaulted one
another in a confused and tumultuous manner
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the
deceased.
6. That the person or persons who inflicted serious physical
injuries or who used violence can be identified.
IV. Key Concepts
. but unfortunately he was hit behind the head causing his
A. Tumultuous affray exists when at least four persons took
part
 The word "several" in Art. 251 means more than two but
not very many.
 The word "tumultuous" as used in Art. 153 means that the
disturbance is caused by more than three persons who are
armed or are provided with means of violence.
B. When there are two identified groups of men who
assaulted each other, then there is no tumultuous affray
 The article contemplates a scenario wherein there are
several persons who are not identified groups.
 Thus, when a group of bandits attacked a group of
laborers, Art 251 is not applicable because there are two
identified groups
 There are two distinct groups in a fight between the Scouts
and civilians, thus Art 251 is not applicable
Q: What then is the crime committed if there are two distinct
groups?
A: Homicide under Art 249.
Q: Four accused, on one hand, fought against three other
persons, on the other; one of whom was mortally wounded, but
it did not appear who inflicted the wounds. There was confusion
in the fight. The four accused did not help one another in
attacking the injured person. What is the crime committed?
A: The accused were guilty of death caused in a tumultuous affray.
C. Someone is killed in the course of the affray.
 The person killed in the course of the affray need not be
one of the participants in the affray.
Q: A was merely passing by an eskinita when a tumultuous fight
broke out. Stones were being thrown and he tried to take cover
instant death. The persons charged were assailing that they
cannot be held liable because A was not involved in the fight. Is
this contention correct?
A: No. The person killed in the course of the affray need not be one
of the participants in the affray.
Q: A was the victim was involved in a quarrel and assault in a
confused and tumultuous manner. While there was confusion,
there was a brief moment wherein B can be seen bashing A’s
head with a piece of wood. Is the crime committed under Art
251?
A: No. Since the one who inflicted the fatal wound is known, the
crime is not homicide in tumultuous affray. It is a case of homicide
under Art. 249 against the one who inflicted the fatal wound.
D. Who are liable for death in a tumultuous affray?
1. The person or persons who inflicted the serious physical
injuries are liable. (Art. 251, par. 1)
2. If it is not known who inflicted the serious physical injuries on
the deceased, all the persons who used violence upon the
person of the victim are liable, but with lesser liability. (Art.
251, par. 2)
Q: A was engaged in a free-for-all fight. He died the next day. It
was determined that the cause of death is stab wounds he
sustained during the fight but the one who delivered the blow
cannot be identified. What is the crime committed?
A: All the participants were guilty of death caused in a tumultuous
affray.
Gablex Pointers
 Remember the important elements of Death caused in a
tumultuous affray
o Participants in the affray in a tumultuous manner are not
composed of groups
o The one who killed the victim cannot be ascertained
II. Acts punishable:
 Causing injuries to another during quarrel and assault in a
confused and tumultuous manner
III. Elements
1. That there is a tumultuous affray as referred to in the
preceding article.
2. That a participant or some participants thereof suffer serious
physical injuries or physical injuries of a less serious nature
only.
3. That the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the
person of the offended party are known.

IV. Key Concepts

.
Art. 252. Physical injuries inflicted in a tumultuous affray. -
When in a tumultuous affray as referred to in the preceding article,
only serious physical injuries are inflicted upon the participants
thereof and the person responsible thereof cannot be identified, all
those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that
provided for the physical injuries so inflicted.
A. Tumultuous affray exists when at least four persons took
part
 The word "several" in Art. 251 means more than two but
not very many.
 The word "tumultuous" as used in Art. 153 means that the
disturbance is caused by more than three persons who are
armed or are provided with means of violence.

When the physical injuries inflicted are of a less serious nature and B. Article 251 vs Article 252
the person responsible therefor cannot be identified, all those who Article 251
appear to have used any violence upon the person of the offended Death caused in a tumultuous
party shall be punished by arresto mayor from five to fifteen days. affray
Someone died during the affray
I. Crime/s under this article: Injured party can either be a
participant or not
Homicide in a tumultuous affray.
Crime committed when several persons quarrel and assault each
other in a confused and tumultuous manner and someone is killed. C. Physical Injuries vs Injuries in Tumultuous affray
Injuries in Tumultuous affray
Penalty is lower by one degree
Article 252
Physical injuries inflicted in a
tumultuous affray
Some was injured in the affray
Injured party should be a
participant
Physical Injuries
Penalty varies if slight, serious or
 less serious physical injuries
The one who caused the physical The one who caused the physical
injuries is not known. Only those injuries is known
who inflict violence are liable
D. Are slight physical injuries included?
 It appears that it is not included
 The penalty is one lower in degree. The penalty for slight
physical injuries is arresto menor already. The degree
lower than arresto menor is public censure
 And since the penalty is one lower in degree is only public
censure, it seems as if the legislature intends to exclude
slight physical injuries
Art. 253. Giving assistance to suicide. - Any person who shall
assist another to commit suicide shall suffer the penalty of prision
mayor; if such person leads his assistance to another to the extent of
doing the killing himself, he shall suffer the penalty of reclusion
temporal.
However, if the suicide is not consummated, the penalty of arresto
mayor in its medium and maximum periods, shall be imposed.
I. Crime/s under this article:
Assisting another to commit suicide
Assisting or lending assistance to another in commit
II. Acts punishable:
 By assisting another to commit suicide, whether the suicide is
consummated or not.
 By lending his assistance to another to commit suicide to the
extent of doing the killing himself.
III. Elements
1. Assisting another to commit suicide
2. Lending his assistance to another to commit suicide
IV. Key Concepts
.
A. The offender is the father, mother, child, or spouse of the
one committing suicide
 The Art. 253 does not distinguish and does not make any
reference to the relation of the offender with the person
committing suicide.
 Penalty would be the same as that provided in said article
B. A person who attempts to commit suicide is not
criminally liable.
 He is not criminally liable, because society has always
considered a person who attempts to kill himself as an
unfortunate being, a wretched person more deserving of
pity rather than of penalty.
Q: Is a pregnant woman who tried to commit suicide by drinking
poison but instead of dying, merely kills the fetus criminally
liable?
A: No. In order to incur criminal liability for the result not intended,
one must be committing a felony. (Art. 4, par. 1, R.P.C.) An attempt
to commit a suicide is an act, but it is not punishable by law. (Art. 3,
R.P.C.) Art. 253 does not penalize the person who attempts to
commit suicide. A woman who tries to commit suicide is not
committing a felony. She is, therefore, not liable for abortion for
expelling the foetus instead.
C. Euthanasia
 commonly known as mercy-killing — is the practice of
painlessly putting to death a person suffering from some
incurable disease.
  It is not lending assistance to suicide. In euthanasia, the
person killed does not want to die. A doctor who resorts to
mercy-killing of his patient may be liable for murder.
AFMQ
Q: Mr. A attempted to commit suicide by jumping off their unit
in a condominium building. Can he be held liable for any crime
if he caused damage to property?
A: Yes. A: The person who attempted to commit suicide may be held
liable for the crime of disturbance of public order if indeed serious
disturbance of public peace occurred due to his attempt to commit
suicide.
He may be liable for the crime of malicious mischief because there is
damage to the property of the condominium owner.
Art. 254. Discharge of firearms. - Any person who shall shoot at
another with any firearm shall suffer the penalty of prision
correccional in its minimum and medium periods, unless the facts of
the case are such that the act can be held to constitute frustrated or
attempted parricide, murder, homicide or any other crime for which a
higher penalty is prescribed by any of the articles of this Code.
I. Crime/s under this article:
Illegal discharge of firearms
Crime committed who shall shoot at another with any firearm which
is not frustrated or attempted parricide, murder, homicide
II. Acts punishable:
 Shooting at another person with any firearm but with no intent to
kill
III. Elements
1. That the offender discharges a firearm against or at another
person.
2. That the offender has no intention to kill that person.
IV. Key Concepts
.
A. There must be no intention to kill
 If it is coupled with intent to kill him, the felony should be
classified as frustrated or attempted parricide, murder or
homicide
 This is provided expressly under the article
 The purpose of the offender is only to intimidate or frighten
the offended party
Q: What if the offender discharged the same but from 200m
away. Can it be deemed frustrated homicide?
A: No. The distance of 200 meters was so great that it is difficult to
impute an intention on the part of the offender to kill the offended
party
Q: What if the person shot successively?
A: There is intent to kill, because the accused, not having contented
himself with firing once, fired successive shots at the offended party
B. Complex crime of illegal discharge of firearm with serious
or less serious physical injuries.
 In the illegal discharge of firearm the offended party is hit
and wounded, there is a complex crime of discharge of
firearm with physical injuries
 When only slight physical injuries are inflicted, there is no
complex crime, because such physical injuries constitute a
light felony.
C. Examples of illegal discharge of firearms:
 The accused aimed the gun at, and was about to shoot but
was tapped thus the bullet hit the floor
  The accused pointed the revolver to A but A lunged
forward and it was discharged
Q: What if a public officer who fired his revolver in the air in
order to capture some gamblers and to prevent them from
escaping?
A: There is no crime committed
V. Other concepts
 If the firearm is not discharged at a person, there is no crime
of discharge of firearm
 Discharge towards the house of victim is not illegal discharge
of firearm.
o It is essential that the discharge of the firearm was
directed precisely against the offended party.
Q: What if the firearm was discharged towards the house
without any target in particular. What is the crime committed?
A: The acts committed by the accused constituted a violation of Art.
155, par. 1, for they were intended to cause alarm in the place where
the shots were fired, producing danger to the persons in the house
Gablex Pointers
 What sets the related crimes apart is the manner and intent of
the offender:
o If he fires a gun but does not point it at any anyone, the
crime is alarms and scandal
o If he points it at someone, fires the gun but no intent to
kill, the crime is discharge of firearms
o If he points it at someone, fires the gun, with intent to kill,
the crime may be is murder or homicide
o If he points it at someone, does not fire but threaten to
kill him unless he does something, the crime is grave
coercion
 It cannot be grave threat because the harm is
immediate in this case
Section 2: Infanticide and abortion
Art. 255. Infanticide. - The penalty provided for parricide in Article
246 and for murder in Article 248 shall be imposed upon any person
who shall kill any child less than three days of age.
If the crime penalized in this article be committed by the mother of
the child for the purpose of concealing her dishonor, she shall suffer
the penalty of prision correccional in its medium and maximum
periods, and if said crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty shall be prision
mayor.
I. Crime/s under this article:
Infanticide
It may be denned as the killing of any child less than three days of
age, whether the killer is the parent or grandparent, any other
relative of the child, or a stranger..
II. Acts punishable:
 Killing of any child less than three days of age
III. Elements
1. That a child was killed.
2. That the deceased child was less than three days (72 hours)
of age.
 3. That the accused killed the said child. Offender Penalty
Mother but to conceal dishonor Prision Correccional
IV. Key Concepts maternal grandparents or either Prision mayor.
. of them but to conceal dishonor
A. Penalty for Infanticide Father or mother or legitimate Same as Parricide (Reclusion
 Either same as Parricide or Murder grandparent Perpetua to death)
Offender is not so related to the Same as Murder (Reclusion
B. Infanticide to conceal dishonor child Temporal to death)
 If infanticide was committed by the mother or the maternal
grandparents or either of them for the purpose of D. Stranger cooperating with the mother in killing a child
concealing her dishonor, the penalty is lowered less than three days old is guilty of infanticide also but
 "We understand that the responsibility of the mother is the penalty is that for murder.
mitigated when, right after giving birth to a baby born out of  A stranger who cooperates in the perpetration of
an illicit relationship, without time to reflect, excited and infanticide is liable for infanticide, but he must suffer the
obfuscated solely by the fear of her dishonor being made penalty prescribed for murder
public, she desires to erase the traces of her mistake
 The mother who claims concealing dishonor must be of E. No crime of infanticide is committed where the child was
good reputation. If she is a prostitute, she is not entitled to born dead, or although born alive, it could not sustain an
a lesser penalty because she has no honor to conceal independent life when it was killed
 Since the crime consists in killing a child, the prosecution
Q: The accused, an unmarried woman, gave birth to a living must prove that the mother gave birth to a living creature
child. She hastily left the house, taking the infant with her. In a  The child must be born alive and fully developed, that is, it
place nearby, she buried the child. Is she guilty of infanticide? can sustain an independent life.
A: Yes.
F. Distinguish: Infanticide v Abortion
Q: Is concealing dishonor an element of infanticide? Infanticide Parricide
A: No. The purpose of concealing the dishonor is not an element of As to age of victims
infanticide; it merely mitigates the liability The age of the victim is less than The victim is at least three days
three days old. old.
Q: What if the accused who killed the newborn baby of his As to liability in conspiracy
sister-in-law in order to conceal her dishonor. Is the mitigation If done in conspiracy with a The co-conspirator is liable for
of penalty under the second paragraph applicable? stranger, both the parent and the murder because of the absence
A: No. Only the mother and maternal grandparents of the child are co-conspirator are liable for of relationship.
entitled to the mitigating circumstance of concealing the dishonor infanticide.
Concealment as mitigating circumstances
Concealment of dishonor in Concealment of dishonor in
C. Summary of penalties
killing the child is mitigating. killing the child is not a mitigating
 circumstance. .
A. Foetus must die in consummated abortion.
 If the foetus survives in spite of the attempt to kill it or the
Art. 256. Intentional abortion. - Any person who shall intentionally use of violence, abortion is not consummated
cause an abortion shall suffer:  If abortion is intended and the foetus does not die, it is
frustrated intentional abortion when all the acts of
1. The penalty of reclusion temporal, if he shall use any violence execution have been performed by the offender
upon the person of the pregnant woman.  If abortion is not intended and the foetus does not die, in
spite of the violence intentionally exerted, the crime may
2. The penalty of prision mayor if, without using violence, he shall act be only physical injuries
without the consent of the woman.
AFMQ
3. The penalty of prision correccional in its medium and maximum Q: If the drugs were administered to effect abortion but this
periods, if the woman shall have consented. proved to be ineffectual because the fetus was expelled from
the maternal womb only that it was unable to sustain life
outside the womb of the mother. What crime is committed?
I. Crime/s under this article: A: The crime committed is frustrated abortion. In order for abortion to
be consummated, the fetus must have died inside the womb of the
mother.
Intentional Abortion
Abortion as the willful killing of the foetus in the uterus, or the violent
B. In abortion, the foetus may be over or less than six
expulsion of the foetus from the maternal womb which results in the
months old.
death of the foetus
 Under the Revised Penal Code, abortion ordinarily means
the expulsion of the foetus before the sixth month or
II. Acts punishable: before the term of its viability, that is, capable of sustaining
 Intentional abortion life.
III. Elements C. Ways of committing intentional abortion
1. That there is a pregnant woman; 1. By using any violence upon the person of the pregnant
2. That violence is exerted, or drugs or beverages administered, woman.
or that the accused otherwise acts upon such pregnant 2. By acting, but without using violence, without the consent
woman; of the woman. (By administering drugs or beverages upon
3. That as a result of the use of violence or drugs or beverages such pregnant woman without her consent.)
upon her, or any other act of the accused, the foetus dies, 3. By acting (by administering drugs or beverages), with the
either in the womb or after having been expelled therefrom; consent of the pregnant woman.
4. That the abortion is intended.

IV. Key Concepts

 D. Persons liable for intentional abortion
 The person who intentionally caused the abortion is liable
under Art. 256
 The woman is liable under Art. 258, if she consented to the
abortion
 If she did not consent to the abortion caused on her, she is
not liable.
E. Abortion distinguished from infanticide
Abortion infanticide
Fetus was expelled but it did not Foetus (1) could sustain an
have its own life, independently independent life, after its
of the mother. separation from the maternal
It could not subsist by itself, womb, and it (2) is killed
outside the maternal womb
AFMQs
Q: What if the expelled fetus would sustain life outside the
womb but the fetus only lived for two days?
A: The crime committed is infanticide. In infanticide, it is necessary
that the person can sustain life and must be at least three days old.
In this case, the person is only two days old.
Q: What will happen if the mother also dies as a consequence of
the abortion?
A: The crime committed is a complex crime of murder with abortion
because the single act of administering drugs upon the pregnant
woman resulted to two or more grave felonies.
Q: What will happen if the pregnant woman tried to commit
suicide by poison but the poison failed to kill her. As a result,
the fetus was expelled from her womb. What is the criminal
liability of the pregnant woman or mother?
A: The pregnant woman will not incur any criminal liability because
the intention in committing suicide is against the person of the
pregnant woman and not against the fetus.
Q: What about abortion insofar as the fetus is concerned?
A: The pregnant woman is not liable for an unintentional abortion
since this crime is committed by means of violence exerted by third
persons upon the pregnant woman.
Q: What about intentional abortion?
A: The pregnant woman is not liable for intentional abortion since
there is lack of intent on the part of the pregnant woman to kill her
child inside her womb since the purpose of which is to take her life
and not of the life of the fetus.
Q: What is the effect on the criminal liability of the mother or the
pregnant woman if she committed abortion to conceal her
dishonor?
A: The pregnant who committed abortion to conceal her dishonor is
entitled to a mitigating circumstance.
Q: What about the parents of the pregnant woman who
committed abortion to conceal their daughter’s dishonor?
A: There is no mitigation as regards the parents because it is only
personal to the mother.
Art. 257. Unintentional abortion. - The penalty of prision
correccional in its minimum and medium period shall be imposed
upon any person who shall cause an abortion by violence, but
unintentionally.
I. Crime/s under this article:
Unintentional Abortion
Intentional violence is used upon a pregnant woman without
intending abortion resulting to death of fetus
II. Acts punishable:
 Unintentional abortion
III. Elements
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without
intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies, either in the
womb or after having been expelled therefrom.
IV. Key Concepts
. with unintentional abortion
A. Unintentional abortion is committed only by violence.
 It should be noted that the law employs the word
"violence" that is actual physical force.
Q: A threatened to kill B who is pregnant. Due to fear, B suffers
an abortion. What is the crime committed by A?
A: Threat only and not abortion. There is no actual violence
Q: What is the crime if the accused struck a woman three
months pregnant on her hip with a bottle, causing hemorrhage
and miscarriage?
A: Unintentional abortion.
Q: What if A gave to his pregnant wife a bitter substance
because she was suffering from stomach trouble but resulted to
the miscarriage. Is A liable for abortion?
A: No, because abortion was not intended and it could not be
unintentional abortion for there was no violence used
B. Unintentional abortion through imprudence
 A truck bumped a calesa from behind wherein one of the
passengers is a pregnant woman. Which resulted to
abortion.
C. Knowledge that the woman is pregnant is immaterial
 It is not an element.
 As long as violence is intentionally inflicted and it resulted
to abortion
D. Complex crime of homicide with unintentional abortion.
 There is complex crime of homicide with unintentional
abortion
 A punched B which resulted to her death and the fetus she
is carrying
 A who is the spouse of B, boxed her which resulted to her
and the fetus’ death is guilty of complex crime of parricide
E. Intentional vs Unintentional abortion
Intentional Abortion Unintentional abortion
There is intent to cause abortion There is no intent to cause
abortion
Can be accomplished with or Can be accomplished with
without violence violence only
Penalty is prision correctional to Penalty is prision correctional
reclusion temporal
AFMQs
Q: What is the concept of therapeutic abortion?
A: It is an abortion caused by a physician to save the life of a mother.
The physician is not criminally liable.
Q: What are the elements of abortion practiced by a physician
or midwife?
A:
1. There is a pregnant woman who has suffered abortion;
2. Abortion is intended;
3. The offender must be a physician or midwife who causes or
assists in causing the abortion; and
4. Said physician or midwife takes advantage of his or her scientific
knowledge or skill.
Q: Is it necessary insofar as the criminal liability of the
pharmacist is concerned in an abortion that the abortive drug
that he/she dispensed be actually used by the pregnant
woman?
A: The mere act of dispensing abortive drug by the pharmacist
already consummates the crime.
Gablex Pointers
 To distinguish infanticide from abortion, what needs to be
determined is the length of life of the victim.
o If the victim died while still inside the womb of the
mother, the crime is abortion
o If the victim was expelled but cannot sustain life, the
crime is abortion
o If the victim was expelled and it can sustain life then died
in less than 3 days, the crime is infanticide
o If the victim was expelled and it can sustain life then died
after 3 or more days, the crime is homicide
 To distinguish whether the abortion is intentional or
unintentional, the intent is the determining factor
o If there is intent to cause abortion it is intentional, thus it
can be thru violence or other means
o If there is no intent to cause abortion it is unintentional,
thus it can be thru violence only
Art. 258. Abortion practiced by the woman herself of by her
parents. - The penalty of prision correccional in its medium and
maximum periods shall be imposed upon a woman who shall
practice 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.
I. Crime/s under this article:
Abortion practiced by the woman herself of by her parents
Intentional abortion inflicted by the woman herself or her parents
II. Acts punishable:
 Abortion committed by the woman upon herself or by any other
person with her consent, (par. 1)
 Abortion by the woman upon herself to conceal her dishonor.
(par. 2)
 Abortion by any of the parents of the woman with the latter's
consent to conceal her dishonor, (par. 3)
III. Elements
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by —
a. the pregnant woman herself;
b. any other person, with her consent; or
 c. any of her parents, with her consent for the purpose of dishonor, the penalty is the same as that for the woman
concealingher dishonor. who practiced abortion upon herself
 There is no mitigation for the parents of the pregnant
IV. Key Concepts woman, unlike in infanticide.
.
A. The woman is liable if she "shall consent that any other Art. 259. Abortion practiced by a physician or midwife and
person should do so." dispensing of abortives. - The penalties provided in Article 256
 It should be noted that the woman is liable under Art. 258 shall be imposed in its maximum period, respectively, upon any
if: physician or midwife who, taking advantage of their scientific
 when she shall practice an abortion upon herself knowledge or skill, shall cause an abortion or assist in causing the
 when she shall consent that any other person same.
should do so
Any pharmacist who, without the proper prescription from a
B. Art 258 vs 256 physician, shall dispense any abortive shall suffer arresto mayor and
Article 256 Article 258 a fine not exceeding 1,000 pesos.
Intentional Abortion Abortion practiced by the woman
herself of by her parents I. Crime/s under this article:
The person who caused the The woman who consented to
abortion is liable the abortion is liable
Abortion practiced by a physician or midwife and dispensing of
abortives
Abortion assisted by physician or a midwife
C. Liability of pregnant woman is mitigated if purpose is to
conceal dishonor.
 If the purpose of the pregnant woman is to conceal her II. Acts punishable:
dishonor, the penalty is lower  Abortion committed by midwife
 The reason for the mitigated responsibility is that when a  Abortion committed by physician
woman becomes pregnant out of an illicit relationship,
excited and obfuscated by the fear of her dishonor being III. Elements
made public, she either practices abortion upon herself or a. Abortion committed by midwife
consents that any other person does so, to erase the 1. That there is a pregnant woman who has suffered an abortion.
traces of her mistake. 2. That the abortion is intended.
3. That the offender, who must be a midwife, causes, or assists
D. No mitigation for parents of pregnant woman even if the in causing, the abortion.
purpose is to conceal dishonor 4. That said physician or midwife takes advantage of his or her
 If committed by any of the parents of the pregnant woman scientific knowledge or skill.
and with the consent of such woman to conceal her
a. Abortion committed by pharmacist
1. That the offender is a pharmacist.
 2. That there is no proper prescription from a physician.
3. That the offender dispenses any abortive.
IV. Key Concepts
. If he shall inflict upon the latter physical injuries only, he shall suffer
A. Penalty for intentional abortion is imposed in its
maximum period on physician or midwife.
 The penalties provided for intentional abortion shall be
imposed in the maximum period upon the physician or
midwife
 Physicians and midwives who cause or assist in causing
abortion are more severely punished because they incur a
heavier guilt in making use of their knowledge for the
destruction of human life, where it should be used only
for its preservation.
B. Knowledge that abortive will be used for abortion
 This article does not require it.
 What is punished is the dispensing of abortive without the
proper prescription from a physician
 The act constituting the offense is dispensing abortive
without proper prescription from a physician.
C. Republic Act No. 4729, approved on June 18, 1966,
regulates the sale, dispensation, and/or distribution of
contraceptive drugs and devices.
 It shall be unlawful for any person, partnership, or
corporation, to sell, dispense or otherwise distribute
whether for or without consideration, any contraceptive
drug or device, unless such sale, dispensation or
distribution is by a duly licensed drug store or
pharmaceutical company and with the prescription of a
qualified medical practitioner
Section 3: Duel
Art. 260. Responsibility of participants in a duel. - The penalty of
reclusion temporal shall be imposed upon any person who shall kill
his adversary in a duel.
the penalty provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto
mayor, although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.
I. Crime/s under this article:
Killing or injuring his adversary in a duel
II. Acts punishable:
 By killing one's adversary in a duel.
 By inflicting upon such adversary physical injuries.
 By making a combat although no physical injuries have been
inflicted.
III. Elements
1. The offender is engaged in a duel
2. Offender either:
a. Killed his adversary
b. Inflicted physical injuries
c. Making a combat
IV. Key Concepts
.
A. Duel
 It is a formal or regular combat previously concerted
between two parties in the presence of two or more
 seconds of lawful age on each side, who make the
selection of arms and fix all the other conditions of the
fight.
B. Who are liable in a duel?
 The person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other case, as
principals.
 The seconds, as accomplices.
C. If death results, penalty is the same as that for homicide.
 Note that the penalty for duel is reclusion temporal, the
same as that for homicide, if death resulted.
Q: What if the duel is fight to the death, thus there is intent to
kill. However, what was inflicted in only physical injuries. What
will be the crime committed, inflicting physical injuries upon an
adversary in a duel or attempted homicide?
A: Inflicting physical injuries upon an adversary in a duel.
The Code disregards the intent to kill in considering the penalty for
duel when only physical injuries are inflicted upon the adversary
D. Penalty for slight physical injuries
 The second paragraph of Art. 260 should apply and the
penalty of arresto menor, not arresto mayor, should be
imposed.
 The third paragraph of Art. 260 applies only when no
physical injuries are inflicted by either of the combatants
on the other, in which case, both combatants shall be
punished by arresto mayor.
E. Summary of Penalties under Art 260
The adversary is killed Reclusion Temporal (same as
homicide)
The adversary suffered Varies depending on physical
physical injuries injury suffered
The adversary and the Arresto Mayor
offender did not suffer any
injuries
AFMQs
Q: Will you consider a mere fight as a duel?
A: NO.
A mere fight as a result of an agreement is not necessarily a duel
because a duel implies an agreement to fight under determined
conditions and with the participation and intervention of seconds who
fixed the conditions.
Q: Can you invoke the justifying circumstance of self-defense in
a duel?
A: Self-defense cannot be invoked if there was a pre-concerted
agreement to fight, but if the attack was made by the accused
against his opponent before the appointed place and time, there is
an unlawful aggression, hence self-defense can be claimed.
Art. 261. Challenging to a duel. - The penalty of prision
correccional in its minimum period shall be imposed upon any
person who shall challenge another, or incite another to give or
accept a challenge to a duel, or shall scoff at or decry another
publicly for having refused to accept a challenge to fight a duel.
I. Crime/s under this article:
 Challenging to a duel
 Incting another to challenge to a duel
 Decrying when his challenge is refused
II. Acts punishable:
 By challenging another to a duel.
 By inciting another to give or accept a challenge to a duel.
 By scoffing at or decrying another publicly for having refused
to accept a challenge to fight a duel.
 2. By intentionally making other mutilation, that is, by lopping or
III. Elements clipping off any part of the body of the offended party, other
1. The offender either: than the essential organ for reproduction, to deprive him of
a) Challenges another to a duel that part of his body. (par 2)
b) inciting another to give or accept a challenge to a duel
c) decrying another publicly for having refused to accept a III. Elements
challenge to duel a. By intentionally mutilating another by depriving him, either
totally or partially, of some essential organ for reproduction.
IV. Key Concepts (par 1)
 A challenge to fight, without contemplating a duel, is not 1. That there be a castration, that is, mutilation of organs
challenging to a duel necessary for generation, such as the penis or ovarium.
 Persons responsible are challengers and instigators 2. That the mutilation is caused purposely and deliberately, that
is, to deprive the offended party of some essential organ for
reproduction.
Chapter 2:
Physical Injuries b. By intentionally making other mutilation, that is, by lopping
or clipping off any part of the body of the offended party, other
than the essential organ for reproduction, to deprive him of that
Art. 262. Mutilation. - The penalty of reclusion temporal to reclusion part of his body. (par 2)
perpetua shall be imposed upon any person who shall intentionally 1. There be a mutilation, that is, lopping or clipping off any part
mutilate another by depriving him, either totally or partially, or some of the body
essential organ of reproduction. 2. It should not be an essential organ for reproduction
Any other intentional mutilation shall be punished by prision mayor in IV. Key Concepts
its medium and maximum periods. .
A. Mutilation
I. Crime/s under this article:  It The term "mutilation" means the lopping or the clipping
off of some part of the body
Mutilation
Any person who shall intentionally mutilate another by depriving him, A. Mutilation of the first kind is castration which must be
either totally or partially, or some essential organ for reproduction made purposely.
 It is the intention of the law to punish any person who shall
II. Acts punishable: intentionally deprive another of any organ necessary for
1. By intentionally mutilating another by depriving him, either reproduction
totally or partially, of some essential organ for reproduction.  The law could not fail to punish with the utmost severity
(par 1) such a crime, which, although not destroying life, deprives
a person of the means to transmit it.
  The law does not look only to the result but also to the
intention of the act
Q: B tried to hack off A’s hand but missed. However, due to the
attack to A, his reproductive organ was chopped off, will it fall
under the crime of mutilation?
A: No. if by reason of an injury or attack, a person is deprived of the
organs of generation, the act, although voluntary, not being
intentional to that end, it would not come under the provisions of this
article, but under No. 2 of Article 263 or Serious physical injuries
B. Any other intentional mutilation. (par 2)
 If the mutilation involves a part of the body, other than an
organ or reproduction, it is other intentional mutilation,
under the second paragraph of Art. 262
C. The offender must have the intention to deprive the
offended party of a part of his body.
 If a mutilation is not caused purposely and deliberately so
as to deprive the offended party of a particular part of his
body, the case will be considered as physical injuries
Physical injuries Mutilation
the offender has no intent The offender has an intent
to mutilate. The mutilation to mutilate the offended
was just the result party
Q: What is the importance of determining whether the crime is
mutilation or physical injuries?
A: The importance lies in the penalty. In mutilation, it is reclusion
temporal. In physical injuries, it is prision correccional at most and
can be as low as arresto mayor.
AFMQs
Q: Can mutilation be committed through negligence?
A: NO.
Mutilation must always be intentional. Thus, it cannot be committed
through criminal negligence. There must be no intent to kill
otherwise, the offense is attempted or frustrated homicide or murder,
as the case may be.
Art. 263. Serious physical injuries. - Any person who shall wound,
beat, or assault another, shall be guilty of the crime of serious
physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the
person injured shall have lost the use of speech or the power to hear
or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg
or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually
engaged;
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries inflicted, the
person injured shall have become deformed, or shall have lost any
other part of his body, or shall have lost the use thereof, or shall
have been ill or incapacitated for the performance of the work in
which he as habitually engaged for a period of more than ninety
days;
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted
shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.
 it is always consummated. It cannot be committed in the attempted
If the offense shall have been committed against any of the persons and frustrated stage.
enumerated in Article 246, or with attendance of any of the
circumstances mentioned in Article 248, the case covered by IV. Key Concepts
subdivision number 1 of this Article shall be punished by reclusion .
temporal in its medium and maximum periods; the case covered by A. There must not be intent to kill.
subdivision number 2 by prision correccional in its maximum period  If there was intent to kill, the crime would be frustrated or
to prision mayor in its minimum period; the case covered by attempted murder, parricide or homicide, as the case may
subdivision number 3 by prision correccional in its medium and be
maximum periods; and the case covered by subdivision number 4 by
prision correccional in its minimum and medium periods. Physical injuries Attempted or Frustrated
Homicide
The provisions of the preceding paragraph shall not be applicable to the offender has no intent The offender has an intent
a parent who shall inflict physical injuries upon his child by excessive to kill the offended party to kill the offended party
chastisement.

I. Crime/s under this article: B. Paragraph 1: the injured person shall become insane,
imbecile, impotent, or blind
Serious physical injuries  In medical jurisprudence, impotence means inability to
Any person who shall wound, beat, or assault another but without copulate. It also has been used synonymously with
intent to kill "sterility".
 The blindness must be of two eyes.
 Penalty is Prision Mayor
II. Acts punishable:
 Wounding, beating or assaulting another
C. Paragraph 2: The person injured shall have lost the use of
III. Elements
speech or the power to hear or to smell, or shall have lost
1. A person wound, beat, or assault another
an eye, a hand, a foot, an arm, or a leg or shall have lost
2. There is no intent to kill
the use of any such member, or shall have become
incapacitated for the work in which he was therefor
habitually engaged
AFMQs  It must be loss of power to hear of both ears. If there is
Q: Serious physical injuries is a formal crime. What do you loss of power to hear of one ear only, it is serious physical
mean by that? injuries under paragraph 3
A: The crime of physical injuries is a formal crime because it is  The loss of the use of the hand or the incapacity for usual
penalized on the basis of the gravity of the injury sustained. What is work is permanent
punished is the consequence and not the stage of execution. Hence,
  All those mentioned in paragraph 2 of this article are
principal members. Thus, the eye, the hand, etc., are
principal members
 Penalty is Prision correccional in its medium and maximum
periods
D. Paragraph 3: The person injured shall have become
deformed, or shall have lost any other part of his body, or
shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he
as habitually engaged for a period of more than ninety
days
 Paragraph 3 covers any member which is not principal
member of the body
 It is a serious physical injury when the offended party
becomes deformed
 By deformity it is meant physical ugliness,
permanent and definite abnormality. It must be
conspicuous and visible.
 The words "ill" and "illness" means that the wound inflicted
did not heal within that period
 Incapacity for a certain kind of work only, but not for all, is
a serious physical injury
 Such work must be one wherein he is habitually
engaged
Q: What if a finger was lost. What paragraph will it fall?
A: Paragraph 3. The fingers of the hand are not principal members.
The loss of the use of three fingers of a left hand is serious physical
injuries under paragraph 3 of Art. 263.
Q: What if three fingers are lost. What paragraph will it fall?
A: Still under paragraph 3. But if it is alleged in the information and
proved that the loss of the use of the three fingers also resulted in
the loss of the use of the hand itself, it is serious physical injuries
under paragraph 2 of said article
Q: What if the physical injury left a huge scar at the torso of the
victim, will it be considered deformity?
A: No. It must be conspicuous and visible. If the scar is usually
covered by the dress or clothes, it would not be conspicuous and
visible.
Q: What if three font teeth was lost, is it deformity?
A: Yes. The loss of three incisors is a visible deformity, while the loss
of one incisor does not constitute deformity according to the
Supreme Court of Spain. In one case however, SC said that the
uncontroverted loss of a person’s left upper central incisor which loss
was visible and impaired his appearance, and which disfigurement
could not be removed by the action of nature is considered as
deformity.
Q: Does the fact that it can be repaired by using artificial teeth
have any bearing?
A: The injury contemplated by the Code is an injury that cannot be
repaired by the action of nature. The fact that the offended party may
have artificial teeth, if he has the necessary means and so desires,
does not repair the injury, although it may lessen the disfigurement.
Q: What if what was lost was both the ears of the accused, will it
considered as deformity under paragraph 3?
A: No. Even though it is a deformity, it is more properly classified
under paragraph 2 (the person injured shall have lost the power to
hear...)
Q: What if the victim lost his index and ring finger?
A: Under paragraph 3. The offended party lost a member, not
principal one, of his body or the use of the same and was also
deformed
Q: A hit B with a piece of wood on the side of the head causing
him to lose his hearing on his left ear. Is it considered serious
physical injuries?
A: Yes. Even if he has not lost the power to hear, paragraph 3
provides that the person injured shall have lost "the use of any other
part of his body." The offended party was deprived of the use of his
right ear, a part of his body
Q: A is a construction worker. While going home, he met a
homeless man who is harassing him for money. When he
refused to give alms, the man suddenly hit him with a metal
stick which resulted to a sprain in his left arm, thus he is unable
to go to work. During trial, the accused argues that even if A
cannot go to the construction site, he is still capable of
engaging other work such as tricycle driver, admin assistant. Is
the contention tenable?
A: No. The article provides that shall have been ill or incapacitated
for the performance of the work in which he as habitually engaged
for a period of more than ninety days
AFMQs
Q: The victim of serious physical injury is rich and with her
money she was able to undergo plastic surgery. As a result, she
became more beautiful than her previous appearance. Do you
think that the crime of serious physical injuries will still
prosper?
A: The crime of serious physical injuries will prosper. In the crime of
serious physical injuries, what is involved is the natural healing
process of the injuries inflicted against a person and the treatment
availed of by the offended party does not negate such idea that
deformity is committed against her person.
E. Paragraph 4: injuries inflicted shall have caused the
illness or incapacity for labor of the injured person for
more than thirty days.
 This paragraph does not refer to labor in which the
offended party is engaged at the time the serious physical
injuries are inflicted. Hence, the incapacity is for any kind
of labor
 Hospitalization for more than thirty days may mean either
illness or incapacity for labor for more than thirty days
 When the category of the offense of serious physical
injuries depends on the period of illness or incapacity for
labor, there must be evidence of the length of that period;
otherwise, the offense is only slight physical injuries
 There is no incapacity if the injured party could still engage
in his work although less effectively than before
F. Qualified serious physical injuries
 If the offense is committed against any of the persons
enumerated in the article defining the crime of parricide
o Parents, Children, Ascendants and Descendants
 with the attendance of any of the circumstances mentioned
in the article defining the crime of murder
Art. 264. Administering injurious substances or beverages. -
The penalties established by the next preceding article shall be
applicable in the respective case to any person who, without intent to
kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages
or by taking advantage of his weakness of mind or credulity.
I. Crime/s under this article:
Administering injurious substances or beverages
Any person who, without intent to kill, shall inflict upon another any
serious, physical injury, by knowingly administering to him any
injurious substance or beverages or by taking advantage of his
weakness of mind or credulity
II. Acts punishable:
 Administering injurious substances or beverages or by taking
advantage of his weakness of mind or credulity
III. Elements
1. That the offender inflicted upon another any serious physical
injury.
2. That it was done by knowingly administering to him any
injurious substances or beverages or by taking advantage of
his weakness of mind or credulity.
3. That he had no intent to kill.
IV. Key Concepts
.  Thus, the crime of serious physical injuries is committed —
A. It is frustrated murder when there is intent to kill.
 If the offender had any intention to kill, the crime would be
frustrated murder, the injurious substance to be
considered as poison
B. By knowingly administering to him any injurious
substances.
 If the accused did not know of the injurious nature of the
substances he administered, he is not liable under this
article.
C. Any Administering injurious substance means
introducing into the body the substance
 The infliction of injuries by throwing mordant chemicals or
poisons on the face or upon the body is not contemplated
in this article, because that is not "administering" injurious
substance or beverage
D. The Art. 264 does not apply when the physical injuries
that result are less serious or slight.
 Art. 264 specifically mentions "any serious physical injury."
 If as a result of administering injurious substance, only less
serious or slight physical injuries are inflicted, they will be
treated under Art. 265 or Art. 266, as the case may be
E. "Weakness of mind or credulity,"
 "By taking advantage of his weakness of mind or credulity"
may take place in the case of witchcraft, philters,
magnetism, etc.
F. The penalties established by the next preceding article
shall be applicable
 It means that it is also a mode of committing serious
physical injuries aside from those mentioned under 263.
a. by wounding; (Art. 263);
b. by beating; (Art. 263);
c. by assaulting (Art. 263);
d. by administering injurious substance. (Art. 264)
Art. 265. Less serious physical injuries. - Any person who shall
inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor for
ten days or more, or shall require medical assistance for the same
period, shall be guilty of less serious physical injuries and shall suffer
the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with
the manifest intent to kill or offend the injured person, or under
circumstances adding ignominy to the offense in addition to the
penalty of arresto mayor, a fine not exceeding 500 pesos shall be
imposed.
Any less serious physical injuries inflicted upon the offender's
parents, ascendants, guardians, curators, teachers, or persons of
rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods, provided that, in
the case of persons in authority, the deed does not constitute the
crime of assault upon such person.
I. Crime/s under this article:
Less serious physical injuries
Any person who, without intent to kill, shall inflict upon another
physical injury which shall incapacitate the offended party for labor
for ten days or more
II. Acts punishable:
 Inflicting upon another physical injury which shall incapacitate
the offended party for labor for ten days or more
III. Elements
1. That the offended party is incapacitated for labor for ten days
or more (but not more than 30 days), or needs medical
attendance for the same period of time.
2. That the physical injuries must not be those described in the
preceding articles.
Q: What if the offended party is incapacitated for labor for ten
days?
A: It is Less serious physical injuries
Q: What if the offended party is incapacitated for labor for 30
days?
A: It is still less serious physical injuries
Q: What if the offended party is incapacitated for labor for 31
days?
A: It is already Serious physical injuries
IV. Key Concepts
.
A. Qualified less serious physical injuries
1. A fine not exceeding P500, in addition to arresto mayor,
shall be imposed for less serious physical injuries when —
a. there is a manifest intent to insult or offend the
injured person, or
b. there are circumstances adding ignominy to the
offense.
2. A higher penalty is imposed when the victim is either —
a. The offender's parents, ascendants, guardians,
curators or teachers; or
b. Persons of rank or persons in authority, provided
the crime is not direct assault.
B. Medical attendance or incapacity is required in less
serious physical injuries
 The law includes two subdivisions, dealing with (1) the
inability for work, and (2) the necessity for medical
attendance.
 So that although the wound required medical attendance
for only two days; yet if the injured party was prevented
from attending to his ordinary labor for a period of twenty-
nine days, the physical injuries are denominated less
serious.
Q: A was injured by B. A was hospitalized but only for five days.
However, he was advised not to engage work for 15 days for a
full recovery. What is the crime committed?
A: Less serious physical injuries
Q: What if after the injury, A was not incapacitated and can
already resume work. However, her doctor advise her to stay for
14 days for close monitoring. What is the crime committed?
A: Less serious physical injuries
Q: What if there is no incapacity and the no need for medical
attendance?
A: It is only slight physical injury when there is no medical
attendance or incapacity for labor.
C. "Or shall require medical attendance for the same period."
 The phrase "shall require" refer to the actual medical
attendance
Q: A inflicted on B physical injuries which did not incapacitate
the latter for labor. B did not apply any medicine to his wounds,
but they were healed in 14 days. Is A liable for less serious
physical injuries?
A: No. It will be noted that no medical attendance was given to B,
although the nature of the wounds required it. It is believed that the
phrase "shall require" refers to the actual medical attendance. There
must be proof as to the period of the required medical attendance.
Art. 266. Slight physical injuries and maltreatment. - The crime of
slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries
which shall incapacitate the offended party for labor from one to nine
days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure
when the offender has caused physical injuries which do not prevent
the offended party from engaging in his habitual work nor require
medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50
pesos when the offender shall ill-treat another by deed without
causing any injury.
I. Crime/s under this article:
Slight physical injuries
Any person who, without intent to kill, shall inflict upon another
physical injury which shall incapacitate the offended party for one (1)
to nine (9) days, or required medical attendance during the same
period
II. Acts punishable:
 Physical injuries which incapacitated the offended party for
labor from one (1) to nine (9) days, or required medical
attendance during the same period.
 Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance.
 Ill-treatment of another by deed without causing any injury.
III. Elements
1. That physical injury is inflicted upon another
2. That the offended party is incapacitated for labor from one (1)
to nine (9) days
Q: What if the offended party is incapacitated for labor 9 days
and 5 hours?
A: It is slight physical injuries
IV. Key Concepts
.
A. Examples of physical injuries under paragraph 2.
 Contusion on the face or black eye produced by fistic blow.
B. When there is no evidence of actual injury, it is only slight
physical injuries
 In the absence of proof as to the period of the offended
party's incapacity for labor or of the required medical
attendance, the crime committed is slight physical injuries
 Examples:
 o Where conspiracy to murder is not proved, and the AFMQ
gravity or duration of the physical injury resulting Q: The charge found in the information was only for slight
from the fistblows by the accused on the victim was physical injuries because it was released by the family that the
not established by the evidence, the accused is injuries sustained would only require medical attendance for
presumed, and is held, liable for slight physical only 8 days but during the preliminary investigation, it was
injuries ascertained that the healing would require more than 30 days. If
o In the absence of evidence to show actual injury, as you are the fiscal, will you allow the amendment of the
when the deceased died of other causes and there complaint affidavit filed by the private offended party?
is no evidence as to how many days the deceased A: YES. The supervening event can still be the subject of
lived after the injury, the crime is only slight physical amendment or of a new charge since it changes the nature of the
injuries, it appearing that the wounds inflicted by the crime originally filed.
accused could not have causeddeath.
Serious Physical Less Serious Slight Physical
. Injuries Physical Injuries Injuries
Medical attendance or Medical attendance Medical
C. "Example of slight physical injury by ill-treatment incapacity must last: or incapacity must attendance or
 Any physical violence which does not produce injury, such 30 days and above last: incapacity must
as slapping the face of the offended party, without causing 10-29 days last: 1-9 days
a dishonor Also committed when No other ways to No other ways
the offended party: commit to commit
D. Supervening event converting the crime into serious 1. Becomes insane,
physical injuries after the filing of the information for imbecile, impotent, or
slight physical injuries can still be the subject of a new blind
charge 2. lost the use of
 Where the charge contained in the original information was principal members of
for slight physical injuries because at that time, the fiscal the body
believed that the wound suffered by the offended party 3. lost any other part of
would require medical attendance for a period of only 8 the body
days, but when the preliminary investigation was 4. uses injurious
conducted by the justice of the peace, he found that the substances
wound would heal after 30 days, the act which converted No specific qualifying Qualified by: No qualifying
the crime into a more serious one had supervened after circumstance provided. 1. Ignominy circumstance
the filing of the original information and this supervening 2. The victim is
event can still be the subject of amendment or of a new However, penalty is offender's
charge without necessarily placing the accused in double graduated based on the parents,
jeopardy. enumeration above ascendants,
guardians,
 curators,
teachers, or o If there is intent to kill but only injured the person, crime
persons of rank, is attempted homicide or murder
or persons in
authority o If there is no intent to kill, crime is physical injuries

AFMQ  To distinguish among the three physical injuries

Q: LL made a joke, but I did not find it funny so what I did was
o Needs 0 days of medical attendance, no crime
to slap LL on his face. What is the crime that I committed?
A: The crime committed is slander by deed because mere slapping o Needs 1-9 days of medical attendance, slight physical
against a person would not result to a medical attendance of 10 days
injuries
or more.
o Needs 10-29 days of medical attendance, less serious
Distinguish: Slander by Deed vs Physical Injuries physical injuries
Slander by deed Slight physical injuries by ill-
treatment o Needs 30 and above days of medical attendance,
The slapping was done to cast The slapping was done without serious physical injuries
dishonor to the person slapped. the intention of casting dishonor,
or to humiliate or embarrass the  Supervening event may be a ground to amend the information
offended party out of a quarrel or
anger.

Gablex Pointers Chapter 3:

Rape
 To distinguish mutilation from physical injuries. Intent is
the determining factor Notes:
 This chapter was added pursuant to RA 8353 or otherwise
o If there is intent to cut off or deprive of reproductive
known as "The Anti-Rape Law of 1997."
organ or any part of the body; the crime is Mutilation
 This law was approved on September 30, 1997
o If there is no intent to cut off or deprive of reproductive  This chapter has 4 Articles
organ or any part of the body; the crime is physical
injuries depending on the medical attendance
Art. 266-A. Rape: When And How Committed. - Rape is
 To distinguish physical injuries from attempted or committed:
frustrated homicide or murder
1) By a man who shall have carnal knowledge of a woman under any or any instrument or object, into the genital or anal orifice of
of the following circumstances: another person

a) Through force, threat, or intimidation; III. Elements

a. Elements of rape under paragraph 1 (Rape by sexual
b) When the offended party is deprived of reason or otherwise intercourse):
unconscious; 1. That the offender is a man;
2. That the offender had carnal knowledge of a woman;
c) By means of fraudulent machination or grave abuse of authority; 3. That such act is accomplished under any of the following
and circumstances:
a. By using force or intimidation; or
d) When the offended party is under twelve (12) years of age or is b. When the woman is deprived of reason or otherwise
demented, even though none of the circumstances mentioned above unconscious; or
be present. c. By means of fraudulent machination or grave abuse of
authority; or
2) By any person who, under any of the circumstances mentioned in d. When the woman is under 12 years of age or
paragraph 1 hereof, shall commit an act of sexual assault by demented.
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. b. Elements of rape under paragraph 2 (Rape by sexual assault):
1. That the offender commits an act of sexual assault;
2. That the act of sexual assault is committed by any of the
following means:
I. Crime/s under this article:
a. By inserting his penis into another person's mouth or
anal orifice; or
Rape b. By inserting any instrument or object into the genital or
Any person who shall have carnal knowledge of a woman through anal orifice of another person;
force, threat, or intimidation 3. That the act of sexual assault is accomplished under any of
the following circumstances:
II. Acts punishable: a. By using force or intimidation;
 Having carnal knowledge of a woman through force, threat, or b. When the woman is deprived of reason or otherwise
intimidation or when the offended party is deprived of reason unconscious* or
or otherwise unconscious or when the offender uses means of c. By means of fraudulent machination or grave abuse of
fraudulent machination or grave abuse of authority or when authority; or
the offended party is under twelve (12) years of age or is d. When the woman is under 12 years of age or
demented demented.
 Have carnal knowledge through an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, AFMQs
Q: LL was tried and convicted for rape by sexual assault
because he forcibly inserted his penis in the mouth of a victim.
LL appealed his conviction on the ground that what he did does
not constitute rape because according to him, rape is a crime
that is committed only by a man against a woman. In this case,
the victim is a man. Do you think LL’s contention is correct?
A: The contention of LL is not correct. The information charged
against LL was rape by sexual assault. Rape by sexual assault can
be committed whether the offended party is either a man or woman
and instrument or penis was inserted in the mouth of the victim.
Q: Can rape be committed against a man?
A: Yes. The law did not distinguish under the second paragraph of
rape
Q: What is the importance of determining whether the rape was
committed under par 1 or par 2?
A: The penalty varies. It is Reclusion perpetua if committed under
paragraph 1 and prision mayor under paragraph 2.
IV. Key Concepts
. Q: When you say penetration, do you mean complete
A. Paragraph 1: Rape through sexual intercourse.
 The contact of the male penis with the woman's vagina is
referred to as "rape by sexual intercourse"
 Penetration, even partial is necessary
Q: When is rape consummated?
A: There must be sufficient and convincing proof that the penis
indeed touched the labias or slid into the female organ, and not
merely stroked the external surface thereof, for an accused to be
convicted of consummated rape. The labias, which are required to
be "touched" by the penis, are by their natural situs or location
beneath the mons pubis or the vaginal surface, to touch them with
the penis is to attain some degree of penetration beneath the
surface, hence, the conclusion that touching the labia majora or
the labia minora of the pudendum constitutes consummated
rape.
Q: What if there was no penetration, what crime may be
committed?
A: It may still be rape if there is sexual assault. If there is none, there
may be acts of lasciviousness.
Q: Is a broken hymen essential in the crime of rape?
A: No. Even if the hymen is intact, it can still give rise to the crime of
rape. Research in medicine shows that hymen may not be torn even
if there is repeated coitus. What consummates the crime of rape is
the touching of the penis and the labia of the victim.
AFMQs
Q: In several cases, we have learned that there must be a
touching of the male organ to the female organ. What is the
extent of the touching?
A: It is necessary that there must be the penetration of the penis to
the female genetalia in order to consummate rape by carnal
knowledge.
penetration?
A: It not necessary that there must be a complete penetration of the
penis of the offender to the vagina of the offended party. The
slightest penetration is enough to consummate rape. In the words of
the Supreme Court, it is the touching of either the labia or pudendum
by the penis.
Q: What if there is only brushing of the organ, would you
consider that as rape or would there be any other crime that
may be committed by the offender?
A: We must qualify whether there is intent to lie or there is no intent
to lie. Intent to lie is a necessary element in the crime of rape, the
absent of which will not constitute to a criminal act of rape.
If there is no intent to lie and there is brushing, we can charge the
offender with is acts of lasciviousness. If there is brushing and there
is also intent to lie, probably, we can charge the offender with crime
of attempted rape.
Q: You said a while ago that if there is lewd design and there is
grazing, then it could be acts of lasciviousness. What if there is
no lewd design?
A: The crime committed may be unjust vexation because the act of
grazing may annoy such offended party.
Q: Is there a crime of frustrated rape?
A: There is no such crime of frustrated rape because the slightest
penetration of the penis to the female organ already consummates
the crime of rape.
B. Only one of the four circumstances mentioned in
paragraph 1 is sufficient
 Thus, when force or intimidation is employed by the
offender, it is not necessary that the woman be
unconscious when he had carnal knowledge of her.
C. First circumstance: By using force
 A verbal refusal alone will not do. There must be
physical struggle, taxing her powers to the utmost. Thus,
mere initial resistance of the offended party in rape cases
is not the manifest and tenacious resistance that the law
requires
 There is sufficient force when the accused girl stated that
she defended herself against the accused as long as she
could, but he overpowered her
Q: Is it required that force employed against the complaining
woman in rape be so great or of such a character as could not
be resisted?
A: No. It is enough that the force used is sufficient to consummate
the culprit's purpose of copulating with the offended woman.
Q: What if the woman resisted but her attempts are futile, she
still has strength to resist but she gave up because after initially
resisting she recognize that the offender is obviously stronger
than her, was there valid resistance?
A: Yes.
It is not necessary that the victim should have resisted unto death or
sustained physical injuries in the hands of the rapist. It is enough if
the intercourse takes place against her will or if she yields because
of genuine apprehension of harm to her if she did not do so. Indeed,
the law does not impose upon a rape victim the burden of proving
resistance.
D. First circumstance: By using Intimidation
 Intimidation must be viewed in light of the victim's
perception and judgment at the time of rape and not by
any hard and fast rule
 It is enough that it produces fear — fear that if the victim
does not yield to the bestial demands of the accused,
something would happen to her at the moment or
thereafter
Q: Rosalia was thirteen years old and an immature teenager.
She could easily be coerced or cowed by a big old farmer and
former security guard. If she consented to an intercourse, can it
be deemed as rape?
A: Yes. Her case is not far removed from that on an eleven-year-old
girl with whom voluntary carnal intercourse is considered rape.
Intimidation includes the moral kind such as the fear caused by
threatening the girl with a knife or pistol.
D. Moral Ascendancy or Influence, held to substitute for the
element of physical force or intimidation.
  In a number of cases, the Supreme Court has ruled that
the moral ascendancy or influence exercised by the
accused over the victim substitutes for the element of
physical force or intimidation in cases of rape
 Thus, when the offender in rape has an ascendancy on
influence over the girl, it is not necessary that she put up a
determined resistance
 Examples of rape by using moral ascendancy
o Fathers against their daughters
o Stepfathers against their stepdaughters
o A godfather against his goddaughter
o Uncles against their nieces
o The first cousin of the victim's mother
Q: When there is moral ascendancy, is it required that there is
the same degree of threat or intimidation?
A: No. The kind of force or violence, threat or intimidation as
between father and daughter need not be of such nature and degree
as would be required in other cases, for the father in this instance
exercises strong moral and physical influence and control over his
daughter.
AFMQs
Q: Is it always necessary for the victim to put up resistance in
order for the charge of rape to prosper?
A: It is not necessary for the victim to put up resistance for the
charge of rape to prosper because the reaction of the victim varies
depending on how such offended party reacts to the situation.
Pertinently, if the offender exercises moral ascendancy over the
victim, resistance is not an element because such violence is
replaced by moral ascendancy.
E. Second circumstance: Offended party deprived of reason
or otherwise unconscious.
 In the rape of a woman deprived of reason or otherwise
unconscious the victim has no will.
 Sexual intercourse with an insane woman was considered
rape
 Cohabitation with feebleminded, idiotic woman is rape.
 Example of rape because the woman is unconscious
o Carnal act while the offended party was asleep or
before a young wife awoke.
o When the woman is in a lethargy produced by
sickness.
o After the woman was knocked unconscious. On
seeing the ravishing figure of a woman taking a
bath, the accused hit her and, after she became
unconscious, had sexual intercourse with her.
o When narcotic was administered to the woman.
Q: Does the law required complete deprivation if reason before
it can be considered as rape?
A: No. The deprivation of reason contemplated by law does not need
to be complete. Mental abnormality or deficiency is sufficient.
Q: What if the victim is demented?
A: Yes it is considered rape. Dementia is a condition wherein the
victim suffers from deteriorated mentality.
Q: What if the victim is a deaf mute?
A: No. Intercourse with a deaf-mute woman is not rape, in the
absence of proof that she is an imbecile.
Q: What if A gave B liquor to incite her passion, then they had
sexual intercourse. Did A commit rape?
A: No. Where consent is induced by the administration of drugs or
liquor, which incites her passions but does not deprive her of her will
power, the accused is not guilty of rape.
Q: What if the liquor given to B caused her to be dizzy and weak
thereafter they had sexual intercourse?
A: There is rape. When a potion is given to the woman, rape is
committed if a potion is given to the woman and as a result of which
she felt dizzy and weak and experienced a sudden loss of control
over her person and thereafter, she was abused. It deprived the
woman of reason and will to resist the sexual assault of the accused.
F. Stages in the crime of rape
Consummated It is enough that the labia of the female organ
rape were penetrated. The slightest penetration of the
labia consummates the crime of rape
Frustrated rape There is no crime of frustrated rape.
Either there is penetration or none at all.
In People vs. Orita, the Supreme Court held that
there was a crime of frustrated rape when it was
committed upon a girl 3 years and 11 months
old, there being no evidence of penetration of
her genital organ. However this case appears to
be a stray decision inasmuch as it has not been
reiterated in the Court's subsequent decisions.
Attempted rape The offender commences the commission of the
crime of rape directly by overt acts, and does not
perform all the acts of execution which should
produce the crime of rape
Example: The accused after raising the dress of
the woman then asleep and placing himself on
top of her, and when the woman was awakened
the accused threatened her with a knife but
because of her continued shouting and offering
of resistance, a neighbor came to her rescue.
G. Fourth circumstance: When the girl is under 16 years of
age.
 The offended party is less than twelve years of age, rape
is committed although she consented to the sexual act.
Q: What if the girl is below 16 but she consented to the sexual
act?
A: The fact that she is 16 years old puts it within the purview of rape
Q: What if the girl is a prostitute?
A: Still rape. As long as she is below 16 years old. The fact that the
offended party may have been of an unchaste character constitutes
no defense in a charge of rape, provided that the illicit relations were
committed with force and violence, etc.
AFM:
 RA 11648 increased the age for consent in determining statutory
rape to 16 years old and it was done to provide more protection
to young people against sexual exploitation and abuse.
 Under this new law, rape is committed by a person who shall
have carnal knowledge of another person when the offended
party is under 16 years of age or is demented.
 There is a qualification provided under RA 11648. It provides that
there shall be no criminal liability on the part of a person having
carnal knowledge of another person under 16 years of age when
the age difference between the parties is not more than 3 years
and the sexual act is proven to be consensual, non-abusive, and
non-exploitative.
AFMQs
Q: There is a 51-year-old retarded woman with a mental capacity
of 3-year-old and she was forced to have sexual intercourse
with a man. What is the crime committed?
A: The crime committed is rape by carnal knowledge. Despite the
fact that the woman is already 51 years old, it must also be
considered that such woman is a demented person. Such
circumstance is provided under the law that would consider the act
committed as rape by carnal knowledge.
Q: Is it statutory rape even if the victim in reality is 51 years old
but she has a mental capacity of a three-year-old child?
A: Yes because the law used the word or. And the mental and not
only her chronological age is considered in statutory rape.
H. Multiple rape by two or more offenders.
Q: While Alfaro was having sexual intercourse with the offended
girl, Hernandez was threatening her with his revolver, and when
Hernandez was lying with her, Alfaro was pointing to her his
revolver. Who is liable for rape?
A: Both of them. Each of the four defendants who raped the victim,
having conspired with the others to rape her, is responsible not only
for the rape committed personally by him, but also for those
committed by the others, because each sexual intercourse had,
through force by each one of them with the victim, was
consummated separately and independently from that had by each
of the others. Each of the defendants was held liable for four crimes
of rape, in the commission of which he participated by direct
execution and by acts without which the commission of the crimes
would not have been accomplished.
I. Paragraph 2: Rape through Sexual Assault
 A "finger" is included within the contemplation of "object" in
paragraph 2
 Excluding "finger" from the concept of "object"
would be contrary to the purpose of the law;
 excluding "finger" from the motion of the "object"
would result in an absurdity and in a capricious
distinction between acts equally intrusive and
offensive
AFMQs
Q: Is it rape through sexual assault if the offender inserts his
penis in the victim’s anal orifice?
A: Yes. That is the pronouncement in the case of People vs Lindo.
Q: Inserting a finger into the female genital. Would you consider
that as rape?
A: Yes. It is rape by sexual assault.
Q: Inserting a finger in the mouth of a woman. Would you
consider that as rape?
A: No. The act of inserting a finger to a part of the woman’s body
aside from her genital is not considered as rape by sexual assault.
Q: Forcibly inserting a penis in the mouth of a man. Would you
consider that as rape?
A: Yes. It is rape by sexual assault because the law does not
distinguish whether the offended party be a man or woman.
Q: Forcibly inserting the mouth of a glass bottle in the genitalia
of a woman. Would you consider that as rape?
A: It is rape by sexual assault.
K. Rape may be proved by the uncorroborated testimony of
the offended woman.
 The testimony of the offended party most often is the only
one available to prove directly the commission of rape;
corroboration by other eyewitnesses is seldom available
 Where the testimony coming from the offended party is
firm, categorical and straightforward, her clothing,
including the most intimate garments, soiled and smudged,
ripped and torn, which are mute witnesses of the futile
resistance she put up, the accused should be convicted on
the basis of her testimony.
Q: What if during the trial, it was proved that the complainant
did not shout despite the presence of other persons within the
vicinity. May the accused be convicted based on this
uncorroborated statement?
A: No. But where the complainant did not shout despite the presence
of student boarders and patients in the clinic at the time of the
alleged rape, her testimony which is uncorroborated cannot support
the conviction of the accused.
L. Distinguish: traditional concept of rape and rape by sexual
assault ♣
Rape by carnal knowledge Rape by sexual assault
It is the carnal knowledge with a It is committed with an instrument
woman against her will. The or an object or use of the penis
offended party is always a with penetration of the mouth or
woman and the offender is anal orifice. The offended party
always a man. or offender can either be a man
or a woman, that is, if the woman
or a man uses an instrument in
the anal orifice of a male, she or
he can be liable for rape.
M. Doctrines in Rape ♣
 Sweetheart theory
 Sweetheart defense is interposed by a person accused of
rape. In this type of defense, the accused admits that he had
carnal knowledge with the victim but he is saying that he is
not liable for it because his argument is that the copulation is
consensual, therefore, he is innocent of the rape charged.
 For the sweetheart defense to prosper the following must be
proven by compelling evidence:
o That the accused and victim were lovers; and
o That the victim or woman consent to the alleged
sexual relation.
 It is not only necessary that you prove or submit evidence
showing that they were indeed lovers but also you must
highlight that the copulation was indeed consensual
between the alleged offender and alleged victim.
 In one case, the Supreme Court noted that there can be no
sweetheart defense when the accused and the victim met
just one day before the rape because it is inconceivable that
barely in one day of having known each other, the accused
and the victim were already in a relationship.
 Rape shield rule
 The character of the woman is immaterial in rape. It is no
defense that the woman is of unchaste character, provided
the illicit relations were committed with force and violence.
 Maria Clara Doctrine or the Women’s Honor Doctrine
 Women’s honor doctrine or the so-called “Maria Clara
Doctrine” posits that, it is a well-known fact that women,
especially Filipinos, would not admit that they have been
abused unless that abuse had actually happened. This is
due to their natural instinct to protect their honor.
 The Supreme Court did not abandon the Maria Clara
Doctrine.
 The basis is Article 8, Section 4 of the Constitution
stating that only the Supreme Court En Banc can
abandon a doctrine. The Supreme Court Third
Division in People vs. Amarela and Racho (G.R.
No. 225642-43, January 17, 2018), through Justice
Martires enunciated that courts must not rely solely
on the Maria Clara stereotype of a demure and
reserved Filipino woman. Rather, Courts should
stay away from such mindset and accept the
realities of a woman’s dynamic role in society today;
she who has over the years transformed into a
strong and confidently intelligent and beautiful
person willing to fight for her rights.
 In this case, it was only the Supreme Court Third
Division who promulgated the decision departing
from the Maria Clara Doctrine.
Art. 266-B. Penalty. - Rape under paragraph 1 of the next preceding
article shall be punished by reclusion perpetua.
Whenever the 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 become reclusion perpetua to
death.
When the rape is attempted and a homicide is committed by reason
or on the occasion thereof, the penalty shall be reclusion perpetua to
death.
When by reason or on the occasion ofthe rape, homicide is
committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is
committed with any of the following aggravating/qualifying
circumstances:
1) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-
law spouse of the parent of the victim;
2) When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;
3) When the rape is committed in full view of the spouse, parent, any
of the children or other relatives within the third civil degree of
consanguinity;
4) When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;
5) When the victim is a child below seven (7) years old;
6) When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and
the virus or disease is transmitted to the victim;
7) When committed by any member of the Armed Forces of the
Philippines or para-military units thereof or the Philippine National
Police or any law enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the commission of
the crime;
8) When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
9) When the offender knew of the pregnancy of the offended party at
the time of the commission of the crime; and
10) When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the time of
the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be
punished by prision mayor.
Whenever the rape is committed with the use of a deadly weapon or
by two or more persons, the penalty shall be prision mayor to
reclusion temporal.
When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion temporal.
When the rape is attempted and a homicide is committed by reason
or on the occasion thereof, the penalty shall be reclusion temporal to
reclusion perpetua.
When by reason or on the occasion ofthe rape, homicide is
committed, the penalty shall be reclusion perpetua.
Reclusion temporal shall be imposed if the rape is committed with death.
any of the ten aggravating/ qualifying circumstances mentioned in
this article. When the following acts are death reclusion
committed: penalty temporal to
reclusion
I. Crime/s under this article:  When the victim is under eighteen perpetua.
(18) years of age and the offender
is a parent, ascendant, step-
No crimes defined only penalties parent, guardian, relative by
consanguinity or affinity within the
third civil degree, or the common-
II. Key Concepts law spouse of the parent of the
. victim;
A. Penalty of Paragraph 1 vs Paragraph 2  When the victim is under the
Rape under Rape under custody of the police or military
par 1 par 2 authorities or any law enforcement
Penalty in general reclusion prision or penal institution;
perpetua mayor  When the rape is committed in full
When the following acts are view of the spouse, parent, any of
committed: reclusion prision the children or other relatives
perpetua to mayor to within the third civil degree of
 Whenever the rape is committed death reclusion consanguinity;
with the use of a deadly weapon or temporal  When the victim is a religious
by two or more persons engaged in legitimate religious
vocation or calling and is
 When by reason or on the personally known to be such by the
occasion of the rape, the victim has offender before or at the time of
become insane, the penalty shall the commission of the crime;
become.  When the victim is a child below
 When the rape is attempted and a seven (7) years old;
homicide is committed by reason  When the offender knows that he
or on the occasion thereof, the is afflicted with the Human
penalty shall be reclusion perpetua Immuno-Deficiency Virus
to death (HIV)/Acquired Immune Deficiency
 When by reason or on the Syndrome (AIDS) or any other
occasion of the rape, homicide is sexually transmissible disease and
committed, the penalty shall be the virus or disease is transmitted
 to the victim;
 When committed by any member
of the Armed Forces of the
Philippines or para-military units
thereof or the Philippine National
Police or any law enforcement
agency or penal institution, when
the offender took advantage of his
position to facilitate the
commission of the crime;
 When by reason or on the
occasion of the rape, the victim has
suffered permanent physical
mutilation or disability;
 When the offender knew of the
pregnancy of the offended party at
the time of the commission of the
crime; and
 When the offender knew of the
mental disability, emotional
disorder and/or physical handicap
of the offended party at the time of
the commission of the crime.
B. Rape with homicide is a special complex crime
 Rape with homicide is now a special complex crime
 The special complex crime of rape with homicide is
committed by the accused who, while raping a 6-year-old
girl, strangled her to death in order to silence her.
 The penalty if rape is committed under paragraph 1 is
reclusion perpetua to death while if committed under
paragraph 2 it is prision mayor to reclusion temporal
 With regard to the civil indemnity, the Court hereby rules
that the victim of rape with homicide should be awarded
the amount of P100,000.
Q: The accused murdered two sisters. As the elder sister was
dying, the accused had carnal intercourse with her. The
prosecution characterized the two murders and rape as "double
murder with rape" alleging in the information that the rape was
committed on the occasion of the murders. Is the prosecution
correct?
A: No. This is not the special complex crime of rape with homicide,
since the victim was already at the threshold of death when she was
ravished. That bestiality may be regarded either as a form of
ignominy causing disgrace or as a form of cruelty which aggravated
the murder of the elder sister, it being unnecessary to the
commission thereof (Arts. 14[17 and 20] and 248[6]), Revised Penal
Code. The accused is guilty of two separate murders.
Q: Is there a complex crime of rape with murder?
A: No. The crime should be rape with homicide. Homicide is
understood in its generic sense as to include murder and physical
injuries. If there are qualifying circumstances such as treachery
which will qualify the crime to murder, it will be appreciated as an
aggravating circumstance.
C. Indemnity in Rape
 The award of P50.000 as indemnity ex delicto is
mandatory upon the finding of the fact of rape.
 If the crime of rape is committed or effectively qualified
based on the circumstances warranting the penalty of
death, the indemnity of the victim shall be in the increased
amount of not less than P75.000.
 The award of civil indemnity is not only a reaction to the
apathetic societal perception of the penal law and the
financial fluctuations overtime, but also an expression of
the displeasure of the Court over the incidence of heinous
crimes against chastity.
D. Damages in Rape
  Moral damages in the amount of P75,000 is to be
automatically awarded in rape cases without need of proof
o This is because it is recognized that the victim's
injury is concomitant with and necessarily resulting
from the odious crime of rape to warrant per se the
award of moral damages
o It is automatically granted in rape cases without
need of further proof other than the commission of
the crime
 Exemplary damages may be awarded in criminal cases as
part of the civil liability if the crime was committed with one
or more aggravating circumstances
o Example: It is awarded in rape cases committed by
fathers against their daughters
Art. 266-C. Effect of Pardon. - The subsequent valid marriage
between the offended party shall extinguish the criminal action or the
penalty imposed.
"In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if the marriage is void
ab initio.
I. Crime/s under this article:
No crimes defined, only effects of pardon in rape
II. Key Concepts
. (Art. 266-C, 2nd par.)
A. Effect of marriage
 Marriage extinguishes not only the penal action, but
likewise the penalty that may be imposed
 It benefits only the principals but not the accomplices and
accessories
o This is the rule when under crimes against persons
o In crimes against chastity, the benefit extends to
accomplices and accessories
Q: Does marriage to all accused where multiple rape is
committed?
A: No. This principle does not apply where multiple rape is
committed, because while marriage with one defendant
extinguishes the criminal liability, its benefits cannot be extended
to the acts committed by the others of which he is a co-principal.
B. Rape of wife by husband
 Prior to Rep. Act No. 8353, a husband cannot be guilty of
rape committed upon his wife because of the matrimonial
consent which she gave when she assumed the marriage
relation, and the law will not permit her to retract in order to
charge her husband with the offense
 But now, it can be committed
 The second paragraph of Section 266-C of RA 8353 is
explicit in providing that a husband may be guilty of rape of
his wife when it states: "In case it is the legal husband who
is the offender x x x."
C. When the legal husband is the offender
 In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is void ab initio.
Q: Does pardon/forgiveness by the offended party bar the
prosecution in the crime of rape?
A: No. It is only in crimes against chastity that pardon/forgiveness by
the offended party shall bar the prosecution of the offense
committed, i.e., seduction, abduction, acts of lasciviousness. Since
rape is no longer a crime against chastity, but is now a crime against
persons, the provision that "subsequent forgiveness by the wife as
the offended party shall extinguish the criminal action or the penalty"
is the exception to the rule that forgiveness by the offended party
shall not extinguish the penal action in crimes against persons.
D. Marital Rape ♣
 It is now acknowledge that rape as a form of sexual
violence exists within marriage.
 A man who penetrates his wife without her consent or
against her will commits sexual violence upon her.
 A husband who feels aggrieved by his indifferent or
uninterested wife's absolute refusal to engage in sexual
intimacy may legally seek the court's intervention to
declare her psychologically incapacitated to fulfill an
essential marital obligation. But he cannot and should not
demand sexual intimacy from her coercively or violently.
AFMQ
Q: LJ and Muriel are husband and wife. Muriel refuses to have
sexual intercourse with LJ. As a result, LJ used force and
intimidation against Muriel. LJ was able to penetrate albeit
slightly his penis inside the genitalia of Muriel. Muriel is now
accusing LJ of marital rape, but LJ said that “you are already
my wife, therefore, you cannot charge me with rape”. Who
between the two of them is correct?
A: Muriel is correct because it is provided under the law and in
jurisprudence that marital rape may be committed provided that the
offending spouse had carnal knowledge with the victim against her
will. In this case, LJ had carnal knowledge by force and intimidation
against the will of Muriel.
Art. 266-D. Presumptions. - Any physical overt act manifesting
resistance against the act of rape in any degree from the offended
party, or where the offended party is so situated as to render her/him
incapable of giving valid consent, may be accepted as evidence in
the prosecution of the acts punished under Article 266-A."
I. Crime/s under this article:
No crimes defined, only presumptions are provided
II. Key Concepts
.
A. Evidence which may be accepted in the prosecution of
rape
(1) any physical overt act manifesting resistance against
the act of rape in any degree from the offended party;
or
(2) where the offended party is so situated as to render
him/her incapable of giving consent.
Gablex Pointers
 Rape is consummated when there is sufficient and convincing
proof that the penis indeed touched the labias.
 Moral Ascendancy or Influence, held to substitute for the
element of physical force or intimidation
 There is no crime of frustrated rape
 To distinguish attempted rape from Acts of Lasciviousness. The
intent is the determining factor
 If intent is to have carnal knowledge, crime is attempted rape

 If the intent is to have lewd designs only, crime is acts of

lasciviousness