1

TITLE VIII
CRIMES AGAINST PERSONS
(246‐266)
criminator_budz [jonathan r. budaden]
Infanticide Mutilation

Parricide Duel & Challenging to a Duel

2
Murder Death/ Physical Injuries under
Exceptional Circumstances

Homicide Giving Assistance to Suicide

Physical Injuries Discharge of Firearm

Abortion Rape
criminator_budz [jonathan r. budaden]
•Elements of infanticide:
3
1. A child was killed by the accused.
2. Deceased child was less than 3
days old or less than 72 hours of
age
3. Accused killed the said child

criminator_budz [jonathan r. budaden]

INFANTICIDE PARRICIDE
4
The age of the victim is less The victim is three days
than three days old. old or above.

If done in conspiracy with a The co‐conspirator is liable

stranger, both the parent for murder because of the
and the co‐conspirator are absence of relationship.
liable for infanticide.

Concealment of dishonor in Concealment of dishonor in

killing the child is killing the child is NOT A
MITIGATING. MITIGATING circumstance

criminator_budz [jonathan r. budaden]

• Elements of Parricide:

1. Deceased is killed by the accused. 5

2. Deceased is the:
• Father
• Mother
• Child, whether legitimate or
illegitimate
• Legitimate other ascendant or
other descendant
• Legitimate spouse of the accused.

criminator_budz [jonathan r. budaden]

• Elements of Art. 247:

• A legally married person or a 6

parent surprises his spouse or
daughter, the latter under 18
years of age and living with him,
in the act of committing sexual
intercourse.
• 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.

• He has not promoted or facilitated the prostitution of his wife

or daughter, or that he or she has not consent.
criminator_budz [jonathan r. budaden]
•Elements of murder?
7
1. A person was killed
2. The accused killed him
3. The killing was attended by any
of the qualifying circumstances
mentioned in Art. 248
4. The killing is not parricide or
infanticide
criminator_budz [jonathan r. budaden]
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 8
2. In consideration of a price, reward or promise
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding on a vessel, derailment or assault
upon a railroad, fall of an airship, by motor vehicles, or
with the use of any other means involving great waste and
ruin
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of
volcano, destructive cyclone, epidemic, or other public
calamity
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse.
criminator_budz [jonathan r. budaden]
•What is the essence of
treachery? 9

• The essence of treachery is that

the offended party is denied of the
chance to defend himself because
of the means, methods, or form in
executing the crime deliberately
adopted by the offender. This is
true even if there is no intent to
kill.
criminator_budz [jonathan r. budaden]
• Elements of homicide?
10
1. That a person is killed
2. That the accused killed him without
any justifying circumstance
3. The accused had intention to kill
which is presumed
4. The killing was NOT attended by any
of the qualifying circumstances of
murder, or by that of parricide or
infanticide
criminator_budz [jonathan r. budaden]
HOMICIDE PHYSICAL INJURIES
11
In attempted There is NO intent to
or frustrated kill.
homicide, However, if as a result
there is intent of the physical injuries
to kill. inflicted, the victim
died, the crime will be
homicide
criminator_budz [jonathan r. budaden]
• Elements of Art. 251:
12
1. There be several persons
2. They did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally and assaulted one another in a
confused and tumultuous manner
3. Someone was killed in the course of the affray
4. It cannot be ascertained who actually killed the
deceased
5. The person or persons who inflicted serious
physical injuries or who used violence can be
identified.

criminator_budz [jonathan r. budaden]

• Elements of Art. 252:
13
1. There is a tumultuous affray as referred to
in the preceding article
2. A participant or some participants thereof
suffers physical injuries of a less serious
nature only
3. Person responsible thereof cannot be
identified
4. All those who appear to have used
violence upon the person of the offended
party are known.
criminator_budz [jonathan r. budaden]
GIVING ASSISTANCE MERCY KILLING OR EUTHANASIA
TO SUICIDE
14
The principal The victim is not in a
actor is the position to commit
person suicide. Whoever would
committing the heed his advice is not
suicide. really giving assistance to
suicide but doing the
killing himself.

criminator_budz [jonathan r. budaden]

•Elements of Discharge of
Firearm: 15

1.Offender discharges a
firearm against another
person
2.Offender has no intention to
kill the person

criminator_budz [jonathan r. budaden]

• Elements of intentional abortion?
16
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages
administered, or that the accused
otherwise acts upon such pregnant woman
3. As a result of the use of violence or drugs or
beverages upon her, or any other act of the
accused, the fetus dies, either in the womb
or after having been expelled therefrom
4. Abortion is intended

criminator_budz [jonathan r. budaden]

ABORTION INFANTICIDE
The victim is not The victim is already a person
less than 3 days old or 72 17
hours
viable but remains to
and is viable or capable of
be a fetus.
living separately from the
mother’s womb.
No mitigation for The mother and maternal
parents of pregnant grandparents of the child are
entitled to the mitigating
woman even if the
circumstance of concealing the
purpose is to conceal dishonor.
dishonor.

criminator_budz [jonathan r. budaden]

•Punishable acts of Duel:
18
1. Killing one’s adversary in a duel
2. Inflicting upon such adversary
physical injuries
3. Making a combat although no
physical injuries have been
inflicted

criminator_budz [jonathan r. budaden]

• Punishable acts of Challenging to a
Duel: 19

1. Challenging another to a duel

2. Inciting another to give or accept a
challenge to a duel
3. Scoffing at or decrying another
publicly for having refused to accept a
challenge to fight a duel

criminator_budz [jonathan r. budaden]

• Kinds of mutilation:
20
1. Intentionally mutilating another by
depriving him, either totally or
partially, of some essential organ for
reproduction.
2. Intentionally making other mutilation,
that is, by lopping or clipping off of
any part of the body of the offended
party, other than the essential organ
for reproduction, to deprive him of
that part of his body.
criminator_budz [jonathan r. budaden]
•How is the crime of serious
physical injuries committed?21

1.Wounding
2.Beating
3.Assaulting
4.Administering injurious
substance
criminator_budz [jonathan r. budaden]
• What are serious physical injuries?

1. When the injured person becomes insane, 22

imbecile, impotent, or blind in consequence of
the physical injuries inflicted.
2. When the injured person loses the use of speech
or the power to hear or to smell, or looses an
eye, a hand, a foot, an arm or a leg;
3. Becomes deformed, loses any other member of his
body or the use thereof; or
4. When the injured person becomes ill
or incapacitated for labor for more
than 30 days

criminator_budz [jonathan r. budaden]

•Elements of this crime:
23
1. The offender inflicted serious
physical injuries upon another.
2. 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. He had no intent to kill.
criminator_budz [jonathan r. budaden]
PHYSICAL INJURIES ATTEMPTED OR
FRUSTRATED HOMICID
24
The offender Attempted homicide
inflicts physical may be committed even
injuries. if no physical injuries
are inflicted.
Offender has no The offender has intent
intention to kill to kill the offended
the offended party.
party.
criminator_budz [jonathan r. budaden]
• How is rape committed?
25
1. By
sexual intercourse
2.By sexual assault

criminator_budz [jonathan r. budaden]

• Elements of Rape by Sexual Intercourse:

1. Offender is a man 26
2. Offender had carnal knowledge of the
woman
3. Such act is accomplished under any of the
following circumstances:
A. Through force, threat or intimidation
B. When the offended party is deprived of reason
or is otherwise unconscious
C. By means of fraudulent machination or grave
abuse of authority
D. When the offended party is under 12 years of
age or is demented
criminator_budz [jonathan r. budaden]
• Elements of Rape by Sexual Assault:
27
1. Offender commits an act of sexual assault
2. The act of sexual assault is committed by:
• By inserting his PENIS into another person’s
mouth or anal orifice, or

• By inserting any instrument or OBJECT into the

genital or anal orifice of another person
3. The act of sexual assault is accomplished
under any of the circumstances in Rape by
Sexual Intercourse.

criminator_budz [jonathan r. budaden]

• Effects of pardon on the criminal
liability of the accused charged with
28
rape:

1. The offended woman may pardon the

offender through a subsequent valid
marriage, the effect of which would be the
extinction of the offender’s liability.
2. Similarly, the legal husband maybe
pardoned by forgiveness of the wife
provided that the marriage is not void ab
initio. (Art. 266‐C)
criminator_budz [jonathan r. budaden]
ATTEMPTED RAPE ACTS OF
LASCIVIOUSNESS 29
There is intent There is no
to effect sexual intention to lie with
cohesion, the offended woman.
although The intention is
unsuccessful. merely to satisfy
lewd design.

criminator_budz [jonathan r. budaden]

 30

criminator_budz [jonathan r. budaden]

 31
TITLE X.
CRIMES AGAINST
PROPERTY (293‐332)
criminator_budz [jonathan r. budaden]
1. Robbery
2. Brigandage 32
3. Theft
4. Qualified theft
5. Possession of picklocks or similar tools
6. Usurpation of real rights/ real property
7. Altering boundaries/ landmarks
8. Culpable insolvency
9. Swindling /Estafa
10. Swindling a minor
11. Arson & Destructive Arson
12. Malicious Mischief
criminator_budz [jonathan r. budaden]
•Classes of robbery:
33
1.Robbery with violence
against, or intimidation of
persons (Art. 294, 297 and
298)
2.Robbery by the use of force
upon things (Art. 299 and
302)
criminator_budz [jonathan r. budaden]
• Elements of robbery in general:
34
1. There is personal property belonging
to another
2. There is unlawful taking of that
property
3. Taking must be with intent to gain
4. There is violence against or
intimidation of any person or force
upon anything

criminator_budz [jonathan r. budaden]

ROBBERY WITH GRAVE GRAVE COERCION
VIOLENCE THREATS
35
There is No intent to No intent to gain
intent to gain gain
Intimidation; Promises Intimidation is
Immediate some future immediate and
harm harm or offended party is
injury compelled to do
something against
his will.

criminator_budz [jonathan r. budaden]

ROBBERY BRIBERY
36
The victim is He parts with his
deprived of his money, in a sense,
money, property voluntarily
by force or
intimidation

criminator_budz [jonathan r. budaden]

• Robbery with Homicide
37
• If death results or even accompanies a robbery, the
crime will be robbery with homicide provided that
the robbery and the homicide are consummated.

• The crime of robbery with homicide is a special

complex crime or a single indivisible crime. All the
killings are merged in the composite integrated
whole that is, robbery with homicide. The killings
must have been perpetrated by reason or on the
occasion of robbery.

criminator_budz [jonathan r. budaden]

• Robbery with Rape
38
• The crime of robbery with rape is a crime
against property which is a single indivisible
offense. There is only a crime of robbery
with rape if both the robbery and the rape
are consummated.

• If during the robbery, attempted rape were

committed, two separate crimes of robbery
and attempted rape would be committed.

criminator_budz [jonathan r. budaden]

• Robbery with physical injuries
39
• To be considered as such, the physical
injuries must always be serious.

• If the physical injuries are only less

serious or slight, they are absorbed in
the robbery. The crime becomes merely
robbery.

criminator_budz [jonathan r. budaden]

•Robbery with Arson
40
• The composite crime would only be
committed if the primordial intent
of the offender is to commit
robbery and there is no killing,
rape, or intentional mutilation
committed by the offender during
the robbery.

criminator_budz [jonathan r. budaden]

• Persons liable for theft:
1. Those who, with intent to gain, but without
violence against or intimidation of persons nor 41
force upon things, take personal property of
another without the latter’s consent.
2. Those who having found lost property, fails to
deliver the same
3. Those who after having maliciously damaged the
property of another, remove or make use of the
fruits
4. Those who enter an enclosed estate or a field
where trespass is forbidden or which belongs to
another and, without the consent of its owner,
hunt or fish upon the same or gather fruits, cereals
or other forest or farm products.
criminator_budz [jonathan r. budaden]
• Elements of theft:
42
1. There is taking of personal
property
2. Property taken belongs to another
3. Taking was done with intent to
gain
4. Taking was done without the
consent of the owner

criminator_budz [jonathan r. budaden]

• Qualified Theft:

1. If theft is committed by a domestic servant

43
2. If the theft is committed with grave abuse of
confidence
3. If the property stolen is a motor vehicle, mail
matter or large cattle
4. If the property stolen consist of coconuts taken
from the premises of a plantation
5. If the property stolen is fish taken from a fishpond
or fishery
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.
criminator_budz [jonathan r. budaden]
• Usurpation of Real Property/ Rights
44
1. Offender takes possession of any real
property or usurps any real rights in
property.
2. Real property or real rights belong to
another.
3. Violence against or intimidation of
persons is used by the offender in
occupying real property or usurping
real rights in property.
4. There is intent to gain.
criminator_budz [jonathan r. budaden]
•Kinds of arson:
45

1.Simple Arson
2.Destructive arson
3.Other cases of arson

criminator_budz [jonathan r. budaden]

• Simple Arson
46
• Any person who burns or sets fire to the
property of another;

• Any person who sets fire to his own

property under circumstances which
expose to danger the life or property of
another.

criminator_budz [jonathan r. budaden]

• DESTRUCTIVE ARSON

1. Any AMMUNITION FACTORY and other establishment where

47
explosives, inflammable or combustible materials are stored.
2. Any ARCHIVE, MUSEUM, whether public or private, or any
edifice devoted to culture, education or social services.
3. Any CHURCH or place of worship or other building where
people usually assemble.
4. Any TRAIN, AIRPLANE or any aircraft, vessel or watercraft,
or conveyance for transportation of persons or property
5. Any BUILDING WHERE EVIDENCE IS KEPT for use in any
legislative, judicial, administrative or other official
proceedings.
6. Any HOSPITAL, HOTEL, DORMITORY, lodging house, housing
tenement, shopping center, public or private market, theater
or movie house or any similar place or building.
7. ANY BUILDING, whether used as a dwelling or not, situated in
a populated or congested area.
criminator_budz [jonathan r. budaden]
• Other cases of Arson:
a. Any building used as offices of the 48
government or any of its agencies
b. Any inhabited house or dwelling
c. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel
d. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest
e. Any rice mill, sugar mill, cane mill or mill
central
f. Any railway or bus station
criminator_budz [jonathan r. budaden]
• Other cases of Arson:

1.
49
Any building used as offices of the Government or
any of its agencies;
2. Any INHABITED HOUSE OR DWELLING;
3. Any industrial establishment, SHIPYARD, OIL WELL
or mine shaft, platform or tunnel;
4. Any plantation, farm, pasture land, growing crop,
grain field, orchard, bamboo grove or forest;
5. Any RICE MILL, SUGAR MILL, cane mill or mill
central; and
6. Any RAILWAY OR BUS STATION, AIRPORT, wharf or
warehouse.

criminator_budz [jonathan r. budaden]

• Elements of malicious mischief:
50
1. Offender DELIBERATELY caused
damage to the property of another
2. Such act does not constitute arson or
other crimes involving destruction
3. Act of damaging another’s property be
committed merely for the sake of
damaging it

criminator_budz [jonathan r. budaden]

• What is fencing?
51
• The act of any person who, with intent to
gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell
or dispose of, or shall buy and sell, or in any
other manner deal in any article, item,
object or anything of value which he knows,
or should be known to him, to have been
derived from the proceeds of the crime of
ROBBERY OR THEFT.

• Punish under PD 1612.

criminator_budz [jonathan r. budaden]
• What is carnapping?
52
• Carnapping is the taking, with intent to
gain, of A MOTOR VEHICLE belonging to
another without the latter’s consent, or
by means of violence against or
intimidation of person, or by using
force upon things.

• Punish under RA No. 6539

criminator_budz [jonathan r. budaden]

• MOTOR VEHICLE – is any vehicle propelled by
any power other than muscular power using53
the public highways, but excepting road rollers,
trolley cars, street‐sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork‐lifts,
amphibian trucks, and cranes if not used on
public highways, vehicles, which run only on
rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for
agricultural purposes. TRAILERS having any
number of wheels, when propelled or intended
to be propelled by attachment to a motor
vehicle, shall be classified as separate motor
vehicle with no power rating.
criminator_budz [jonathan r. budaden]
 54
TITLE XI.
CRIMES AGAINST CHASTITY

criminator_budz [jonathan r. budaden]

1. Adultery
2. Concubinage 55
3. Acts of Lasciviousness
4. Seduction (Qualified/ Simple)
5. Abduction (Forcible/ Consented)
6. Corruption of Minors
7. White Slave Trade

criminator_budz [jonathan r. budaden]

• Private crimes:
56
• The crimes of adultery,
concubinage, seduction, abduction
and acts of lasciviousness are the
so‐called private crimes. They
cannot be prosecuted except upon
the complaint initiated by the
offended party.

criminator_budz [jonathan r. budaden]

•Adultery
57
1. Woman is married
2. She has SEXUAL INTERCOURSE
with a man not her husband
3. As regards the man with whom
she has sexual intercourse, he
must know her to be married

criminator_budz [jonathan r. budaden]

• Elements of Concubinage:
1. Man must be married. 58
2. He committed any of the following
acts:
a. KEEPING A MISTRESS in the conjugal
dwelling; or
b. HAVING SEXUAL INTERCOURSE, under
scandalous circumstances, with a
woman who is not his wife; or
c. COHABITING with her in any other
place.
3. As regards the woman, she must know
him to be married.
criminator_budz [jonathan r. budaden]
• Acts of Lasciviousness
1. Offender commits any act of lasciviousness
or lewdness. 59
2. Act of lasciviousness is committed against a
person of either sex.
3. It is done under any of the following
circumstances:
a. By using force or intimidation;
b. When the offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machination or grave
abuse of authority;
d. When the offended party is under 12 years of
age or is demented.
criminator_budz [jonathan r. budaden]
• Qualified seduction:
60
1. Seduction of a virgin over 12 years
and under 18 years of age by certain
persons, such as, a person in
authority, priest, teacher, etc.; and

2. Seduction of a sister by her brother,

or descendant by her ascendant,
REGARDLESS OF HER AGE OR
REPUTATION.
criminator_budz [jonathan r. budaden]
• Persons liable for qualified seduction:

1. Those who abused their authority: 61

a. Person in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is entrusted with the
education or custody of the woman seduced
2. Those who abused confidence
a. Priest
b. House servant
c. Domestic
3. Those who abused their relationship:
a. Brother who seduced his sister
b. Ascendant who seduced his descendant

criminator_budz [jonathan r. budaden]

• Acts of lasciviousness with the consent
of the offended party 62
1. Offender commits acts of lasciviousness or
lewdness.
2. Acts are committed upon a woman who is virgin or
single or widow of good reputation, under 18 years
of age but over 12 years, or a sister or descendant
regardless of her reputation or age.
3. Offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit.
4. Male cannot be the offended party in this crime.

criminator_budz [jonathan r. budaden]

• Corruption of minors
63
•Any person who shall
promote or facilitate the
prostitution or corruption of
persons under age to satisfy
the lust of another.

criminator_budz [jonathan r. budaden]

• White slave trade
64
1. Engaging in the business of
prostitution
2. Profiting by prostitution
3. Enlisting the service of women for
the purpose of prostitution

criminator_budz [jonathan r. budaden]

•Forcible abduction:
65
A. Person abducted is any woman,
regardless of her age, civil status,
or reputation
B. Abduction is against her will
C. Abduction is with lewd designs

criminator_budz [jonathan r. budaden]

• Consented abduction:
66
1. Offended party must be a virgin.
2. She must be over 12 and under 18
years of age.
3. Taking away of the offended party
must be with her consent, after
solicitation or cajolery from the
offender.
4. Taking away of the offended party
must be with lewd designs.
criminator_budz [jonathan r. budaden]
ADULTERY AND SEDUCTION, ABDUCTION, RAPE OR ACTS
CONCUBINAGE OF LASCIVIOUSNESS

67
Must be prosecuted Must be prosecuted upon complaint
upon complaint signed by:
signed by the a. Offended party
offended spouse b. Her parents
c. Grandparents, or
d. Guardians in the order

Must be made by the An express pardon by the offended

offended party to party or other persons named in the
both the offenders. law to the offender, as the case
may be, bars prosecution.

criminator_budz [jonathan r. budaden]

 68

•END

criminator_budz [jonathan r. budaden]