Frustrated HOMICIDE
the following elements must be proved beyond
reasonable doubt:
(1) that a person was killed;
(2) that the accused killed that person without any
justifying circumstance;
(3) that the accused had the intention to kill, which is
presumed; and
(4) that the killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide.
***Moreover, the offender is said to have performed
all the acts of execution if the wound inflicted on the
victim is mortal and could cause the death of the
victim without medical intervention or attendance.  intimidation against persons;
On the other hand, the essential elements of a
frustrated felony are as follows:
(1) the offender performs all the acts of execution;
(2) all the acts performed would produce the felony as
a consequence;
(3) but the felony is not produced; and
(4) by reason of causes independent of the will of the
perpetrator.
MURDER:
1] a person was Killed.
2] Accused killed him.
3] killing was attended by any of the Qualifying
circumstances
a) treachery
b) consideration of price, money, or reward.
c) mean of Inundations (fire, explosive, poison)
d) occasion of Calamity
e) evident Premeditation
f) Cruelty
4] killing is NOT parricide or infanticide.
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Element of EVIDENT PREMEDITATION to qualify the
crime to frustrated murder. For evident premeditation
to be appreciated, the following must be proven
beyond reasonable doubt:
(1) the time when the accused determined to commit
the crime;
(2) an act manifestly indicating that the accused clung
to his determination; and
(3) sufficient lapse of time between such
determination and execution to allow him to
reflect upon the circumstances of his act.  following occurs:
For this aggravating circumstance to be considered, it
is indispensable to show how and when the plan to kill
was hatched or how much time had elapsed before it
was carried out.
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ROBBERY is the taking, with the intent to gain, of
personal property belonging to another by use of
force, violence or intimidation.  Article 282 of the RPC holds liable for Grave
Under Article 294 (5)  in relation to Article 295,  and
Article 296 of the Revised Penal Code,
1] robbery in band is committed when four (4) or more
malefactors take part in the robbery.
2] All members are punished as principals for any
assault committed by the band, unless it can be
proven that the accused took steps to prevent the
commission of the crime. 
Even if the crime is committed by several malefactors
in a motor vehicle on a public highway, the crime is
still classified as robbery in band, not highway
robbery or brigandage under Presidential Decree No.
532.  It is highway robbery only when it can be proven
that the malefactors primarily organized themselves
for the purpose of committing that crime. 
Special Complex Crime:ROBBERY WITH HOMICIDE
has the following elements, to wit:
(1) the taking of personal property with violence or
(2) the property taken belongs to another;
(3) the taking was done with animus lucrandi; and
( 4) on the occasion of the robbery, or by reason
thereof, homicide was committed. 
CRIME OF ROBBERY WITH RAPE is a special
complex crime punishable under Article 294 of
the Revised Penal Code, as amended by R.A.
7659. 23 Article 294 provides for the penalty
of reclusion perpetua to death, when the robbery was
accompanied by rape. The provision reads as follows:
The following elements must concur in the crime of
Robbery with Rape:
(1) the taking of personal property is committed with
violence or intimidation against persons;
(2) the property taken belongs to another;
(3) the taking is characterized by intent to gain
or animus lucrandi; and
(4) the Robbery is accompanied by Rape.
Art. 294.  Robbery with violence against or
intimidation of persons; Penalties. — Any person
guilty of robbery with the use of violence against or
intimidation of any person shall suffer:
1.  The penalty of reclusion perpetua to death when by
reason or on occasion of the robbery, the crime of
homicide shall have been committed; or when the
robbery shall have been accompanied by rape or
intentional mutilation or arson; x x x
Elements:
1) When by reason or on occasion of the Robbery the
a] Homicide
b] Rape
c] Intentional Mutilation
d] Arson
e] Serious Physical Injuries
f] Unnecessary violence or intimidation employed
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Threats,
"any person who shall threaten another with the
infliction upon the person, honor, or property of the
latter or of his family of any wrong amounting to a
crime[.]" The crime is consummated as soon as the
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threats come to the knowledge of the person
threatened.
ACTS OF LASCIVIOUSNESS
Elements:
1) offender commits any act of Lasciviousness
2) committed against a person of Either sex gender
3) Done under any of the following circumstances:
a) victim is deprived of reason or unconscious
b) Fraudulent machination or grave abuse of
authority
c) offended party is under 12yrs old or is demented
 Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; Provided, That when
the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815,
as amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: Provided,
That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall
be reclusion temporal in its medium periodThe
elements of the CRIME OF BIGAMY are:
(a) the offender has been legally married;
(b) the marriage has not been legally dissolved . . .; (c)
that he contracts a second or subsequent marriage;
and
(d) the second or subsequent marriage has all the
essential requisites for validity.  1. The accused commits the act of sexual intercourse
The felony is consummated on the celebration of the
second marriage or subsequent marriage.
It is essential in the prosecution for bigamy that the
alleged second marriage, having all the essential
requirements, would be valid were it not for the
subsistence of the first marriage.
For the second spouse to be indicted as a co-
accused in the crime, People v. Nepomuceno, Jr.  Elements of RAPE THROUGH SEXUAL ASSAULT
instructs that she should have had knowledge of
the previous subsisting marriage. People v.
Archilla likewise states that the knowledge of the
second wife of the fact of her spouse's existing prior
marriage constitutes an indispensable cooperation in
the commission of bigamy, which makes her
responsible as an accomplice.
Oral Defamation or Slander is libel committed by oral
(spoken) means, instead of in writing. It is defined as
"the speaking of base and defamatory words which
tend to prejudice another in his reputation, office,
trade, business or means of livelihood."  POWERED FIREARM AND AMMUNITION under PD
The elements of oral defamation are:
(1) there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission, status or circumstances;
(2) made orally;
(3) publicly;
(4) and maliciously;
(5) directed to a natural or juridical person, or one
who is dead;
(6) which tends to cause dishonor, discredit or
contempt of the person defamed. Oral
defamation may either be simple or grave. It
becomes grave when it is of a serious and
insulting nature.
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Elements of LIBEL as defined in Article 353 of
the Revised Penal Code, namely:
(1) imputation of a crime, vice or defect, real or
imaginary, or any act, omission, condition status or
circumstance;
(2) publicity or publication;
(3) malice;
(4) direction of such imputation at a natural or juridical
person; and
(5) tendency to cause the dishonour, discredit or
contempt of the person defamed.
In sustaining a conviction for LIBEL, the prosecution
must prove the existence of four elements:
(a) the allegation of a discreditable act or condition
concerning another;
(b) publication of the charge;
(c) identity of the person defamed; and
(d) existence of malice.
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The elements of sexual abuse under Section 5,
Article III of RA 7610 are as follows:
or lascivious conduct;
2. The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse; and
3. The child, whether male or female, is below 18
years of age.
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(Art.266-A)
1] offender commits an act of Sexual Assault.
2] committed by any of the following means:
a) inserting the Penis into the mouth or anus
b) inserting any instrument or object into the
genitals or anus
3] act is accomplished under any of the following
circumstances under rape by sexual intercourse.
Conviction for ILLEGAL POSSESSION OF HIGH-
1866, and illegal possession of explosive under the
same law.
The elements of both offenses are as follows:
(1) existence of the firearm, ammunition or explosive;
(2) ownership or possession of the firearm,
ammunition or explosive; and
(3) lack of license to own or possess.
the constitutional immunity against unreasonable
searches and seizures is a personal right, which may
be waived.  However, to be valid, the consent must be
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voluntary such that it is unequivocal, specific, and
intelligently given, uncontaminated by any duress or
coercion.  Relevant to this determination of
voluntariness are the following characteristics of the
person giving consent and the environment in which
consent is given: (a) the age of the consenting party;
(b) whether he or she was in a public or secluded
location; (c) whether he or she objected to the search
or passively looked on;  (d) his or her education and
intelligence; (e) the presence of coercive police
procedures; (f) the belief that no incriminating
evidence will be found;  (g) the nature of the police
questioning; (h) the environment in which the
questioning took place; and (i) the possibly vulnerable
subjective state of the person consenting
In the conduct of bus searches, the Court lays down the
following guidelines.  that similarly accepts passengers at the terminal and
Prior to entry, passengers and their bags and luggages
can be subjected to a routine inspection akin to airport
and seaport security protocol. In this regard, metal
detectors and x-ray scanning machines can be installed
at bus terminals. Passengers can also be frisked. In lieu
of electronic scanners, passengers can be required
instead to open their bags and luggages for inspection,
which inspection must be made in the passenger's
presence. Should the passenger object, he or she can
validly be refused entry into the terminal.
While in transit, a bus can still be searched by
government agents or the security personnel of the bus
owner in the following three instances. First, upon
receipt of information that a passenger carries
contraband or illegal articles, the bus where the
passenger is aboard can be stopped en route to allow for
an inspection of the person and his or her effects. This is
no different from an airplane that is forced to land upon
receipt of information about the contraband or illegal
articles carried by a passenger onboard. Second,
whenever a bus picks passenger en route, the
prospective passenger can be frisked and his or her bag
or luggage be subjected to the same routine inspection
by government agents or private security personnel as
though the person boarded the bus at the terminal. This
is because unlike an airplane, a bus is able to stop and
pick passengers along the way, making it possible for
these passengers to evade the routine search at the bus
terminal. Third, a bus can be flagged down at designated
military or police checkpoints where State agents can
board the vehicle for a routine inspection of the
passengers and their bags or luggages.
In both situations, the inspection of passengers and
their effects prior to entry at the bus terminal and the
search of the bus while in transit must also satisfy the
following conditions to qualify as a valid reasonable
search. First, as to the manner of the search, it must be
the least intrusive and must uphold the dignity of the
person or persons being searched, minimizing, if not
altogether eradicating, any cause for public
embarrassment, humiliation or ridicule. Second, neither
can the search result from any discriminatory motive
such as insidious profiling, stereotyping and other
similar motives. In all instances, the fundamental rights
of vulnerable identities, persons with disabilities,
children and other similar groups should be
protected. Third, as to the purpose of the search, it must
be confined to ensuring public safety. Fourth, as to the
evidence seized from the reasonable search, courts must
be convinced that precautionary measures were in place
to ensure that no evidence was planted against the
accused. 
The search of persons in a public place is valid because
the safety of others may be put at risk. Given the present
circumstances, the Court takes judicial notice that public
transport buses and their terminals, just like passenger
ships and seaports, are in that category.
Aside from public transport buses, any moving vehicle
along its route is likewise covered by these guidelines.
Hence, whenever compliant with these guidelines, a
routine inspection at the terminal or of the vehicle itself
while in transit constitutes a reasonable search.
Otherwise, the intrusion becomes unreasonable,
thereby triggering the constitutional guarantee under
Section 2, Article III of the Constitution.
To emphasize, the guidelines do not apply to privately-
owned cars. Neither are they applicable to moving
vehicles dedicated for private or personal use, as in the
case of taxis, which are hired by only one or a group of
passengers such that the vehicle can no longer be
flagged down by any other person until the passengers
on board alight from the vehicle.
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Under Article 342 of the Revised Penal Code, the
elements of FORCIBLE ABDUCTION are:
(1) the taking of a woman against her will; and
(2) with lewd designs.
The crime of forcible abduction with rape is a
complex crime that occurs when the abductor has
carnal knowledge of the abducted woman under the
following circumstances:
(1) by using force or intimidation;
(2) when the woman is deprived of reason or
otherwise unconscious; and
(3) when the woman is under 12 years of age or is
demented.
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Elements necessary to sustain a conviction for RAPE:
Rape by Sexual Intercourse:
(1) that the accused had carnal knowledge of the
victim;
(2) that said act was accomplished
(a) through the use of force or intimidation,
(b) when the victim is deprived of reason or
otherwise unconscious,
(c) by means of fraudulent machination or
grave abuse of authority, or
(d) when the victim is under 12 years of age or
is demented.
Sexual intercourse with a victim who is under 12 years
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old or is demented is STATUTORY RAPE.
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Elements of the crime of KIDNAPPING FOR RANSOM:
(a) intent on the part of the accused to deprive the
victim of his liberty;
(b) actual deprivation of the victim of his liberty; and (c)
motive of the accused, which is extorting ransom for
the release of the victim.
Article 267 of the Revised Penal Code as amended
by Republic Act (RA) No. 7659, provides:
Kidnapping and serious illegal detention. — Any
private individual who shall kidnap or detain another,
or in any other manner deprive him of his liberty, shall
suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more
than three days.
2. If it shall have been committed simulating public
authority.
3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been
made.
4. If the person kidnapped or detained shall be a minor,
except when the accused is any of the parents,
female or a public officer;
In this regard, the CA agreed with the RTC as to the
existence of conspiracy among appellants and their
cohorts. Their community of criminal design could be
inferred from their arrival at Antonio's store already
armed with weapons, Placente and companions pointing
their guns at Antonio, while Elizalde and companions
dragged Letty into their van. Moreover, they demanded
P20M for Letty's freedom which never materialized as she
was killed during captivity by the kidnappers before
evading arrest. Thus, having been proven that they
each took part in the accomplishment of their
common criminal design, appellants are equally liable
for the complex crime of kidnapping for ransom with
homicide.  (a) the kidnapping or detention lasts for more
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 Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending
to be caused is not immediate nor the danger clearly
manifest
RECKLESS IMPRUDENCE, as defined in Article 365 of
the RPC, consists in voluntarily, but without malice,
doing or failing to do an act from which material damage Art. 327. – Malicious Mischief
results by reason of inexcusable lack of precaution on the 1] deliberately causing damage to another’s property.
part of the person performing or failing to perform such 2] that such act does NOT constitute arson or other
act, taking into consideration his employment or
occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and
place.
In order to establish a motorist's liability for the
negligent operation of a vehicle, it must be shown that
there was a direct causal connection between such
negligence and the injuries or damages complained of. To
constitute the offense of reckless driving, the act must
be something more than a mere negligence in the
operation of a motor vehicle — a willful and wanton
disregard of the consequences is required.  Willful,
wanton or reckless disregard for the safety of others
within the meaning of reckless driving statutes has been
held to involve a conscious choice of a course of action
which injures another, either with knowledge of serious
danger to others involved, or with knowledge of facts
which would disclose the danger to any reasonable
person. Verily, it is the inexcusable lack of
precaution or conscious indifference to the
consequences of the conduct which supplies the
criminal intent and brings an act of mere negligence
and imprudence under the operation of the penal
law, without regard to whether the private offended
party may himself be considered likewise at fault. 
ART. 267. Kidnapping and serious illegal detention.
— Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to
death:
1. If the kidnapping or detention shall have lasted more
than three days.
2. If it shall have been committed simulating public
authority.
3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained,
or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor,
except when the accused is any of the parents,
female or a public officer.
The crime has the following elements: case at bar!
(1) the offender is a private individual;
(2) he kidnaps or detains another, or in any manner
deprives the latter of his liberty;
(3) the act of detention or kidnapping is illegal; and
(4) in the commission of the offense, any of the following
circumstances is present:
than three days;
(b) it is committed by simulating public authority;
(c) any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to
kill him are made; or
(d) the person kidnapped or detained is a minor,
female or a public official.
crimes involving destruction.
3] the act of damaging another’s property be committed
merely for the sake of damaging it.
crime of UNLAWFUL ARREST:
(1) that the offender arrests or detains another person;
(2) that the arrest or detention is to deliver the person
to the proper authorities; and
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(3) that the arrest or detention is not authorized by law
or that there is no reasonable ground to.

Section 5: Where Death Results from ARSON

ARSON
1] there is intentional burning
2] what is intentionally burned is an inhabited house
or dwelling
In arson, the corpus delicti rule is generally satisfied by
proof of the bare occurrence of the fire and of its having
been intentionally caused.
For circumstantial evidence to be sufficient to support
a conviction, all the circumstances proved must be
consistent with each other, consistent with the
hypothesis that the accused is guilty, and at the same
time inconsistent with the hypothesis that he is
innocent, and with every other rational hypothesis
except that of guilt.

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