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Destruction Of-Wps Office
Destruction Of-Wps Office
DESTRUCTION OF LIFE
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.
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or
child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship does not require
knowledge of the relationship
Requisites:
A legally married person or parent surprises his spouse or daughter (the latter must be under 18
and living with them) in the act of committing sexual intercourse with another person
He/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 has not
consented to the infidelity of the other spouse.
Notes:
Article does not define or penalize a felony
Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with
another person. However, it is enough that circumstances reasonably show that the carnal act is
being committed or has been committed
Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form
parts of one continuous act
The killing must be the direct by-product of the rage of the accused
No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not
liable. The principle that one is liable for the consequences of his felonious act is not applicable
because he is not committing a felony
That the killing was attended by any of the following qualifying circumstances
with treachery, taking advantage of superior strength, with the aid or armed men, or employing
means to weaken the defense or of means or persons to insure or afford impunity
Notes:
The victim must be killed in order to consummate the offense. Otherwise, it would be attempted
or frustrated murder
Murder will exist with only one of the circumstances. The other circumstances are absorbed or
included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances
Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only
be considered as generic aggravating circumstances
Treachery and premeditation are inherent in murder with the use of poison.
That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.
Notes:
Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
When the wounds that caused death were inflicted by 2 different persons, even if they were not in
conspiracy, each one of them is guilty of homicide
In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim
That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.
That the person or persons who inflicted serious physical injuries or who used violence can be
identified.
Notes:
When there are 2 identified groups of men who assaulted each other, there is no tumultuous
affray
if it is not known who inflicted serious physical injuries on the deceased, all persons who used
violence upon the person of the victim.
That a participant or some participants thereof suffer serious physical injuries or physical injuries
of a less serious nature only.
That all those who appear to have used violence upon the person of the offended party are known.
Acts punishable:
Lending his assistance to another to commit suicide to the extent of doing the killing himself.
Notes:
Notes:
The offender must shoot at another with any firearm without intention of killing him. If the
firearm is not discharged at a person, the act is not punished under this article
A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing
a gun against the house of the offended party at random, not knowing in what part of the house
the people were, it is only alarm under art 155.
Usually, the purpose of the offender is only to intimidate or frighten the offended party
Intent to kill is negated by the fact that the distance between the victim and the offender is 200
yards
A person can be held liable for discharge even if the gun was not pointed at the offended party
when it fired for as long as it was initially aimed at or against the offended party.
That the deceased child was less than three days (72 hours) of age.
Notes:
When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In
either case, the proper qualification for the offense is infanticide
When infanticide is committed by the mother or maternal grandmother in order to conceal the
dishonor, such fact is only mitigating
The delinquent mother who claims that she committed the offense to conceal the dishonor must
be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because
she has no honor to conceal
There is no infanticide when the child was born dead, or although born alive it could not sustain
an independent life when it was killed.
That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts
upon such pregnant woman.
That 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.
That violence is used upon such pregnant woman without intending an abortion.
That as a result of the violence that fetus dies, either in the womb or after having been expelled
therefrom.
Notes:
The accused can only be held liable if he knew that the woman was pregnant
If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does
not apply.
any of her parents, with her consent for the purpose of concealing her dishonor.
Notes:
Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However,
there is no litigation for the parents of the pregnant women even if their purpose is to conceal
their daughter’s dishonor
In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their
daughter. This is not so for art 258
That the offender, who must be a physician or midwife, causes or assists in causing the abortion.
That said physician or midwife takes advantage of his or her scientific knowledge or skill.
Notes:
It is not necessary that the pharmacist knew that the abortive would be used to cause abortion.
What is punished is the act of dispensing an abortive without the proper prescription. It is not
necessary that the abortive be actually used
If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he
is liable as an accomplice
Acts punished:
Persons liable:
Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any
other cases
Accomplices – as seconds
Notes:
Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more
seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the
fight
Acts punishable:
Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel
Persons liable:
Challenger
Instigators
A. MUTILATION: (262)
Kinds of Mutilation
Intentionally mutilating another by depriving him, totally or partially, of some essential organ for
reproduction
Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the
offended party, other than the essential organ for reproduction, to deprive him of that part of the
body
Elements:
Notes:
In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind
How Committed:
Wounding
Beating
Assaulting
Injured person –
o loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg
o becomes incapacitated for the work in which he had been habitually engaged
Injured person –
o becomes deformed
o becomes ill or incapacitated for the performance of the work in which he had been habitually
engaged in for more than 90 days
o Injured person becomes ill or incapacitated for labor for more than 30 days (but not more
than 90 days)
Notes:
o Serious physical injuries may be committed through reckless imprudence or simple imprudence
o Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
o Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical
injuries under par 3
o Loss of use of hand or incapacity of usual work in par 2 must be permanent
Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is
not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other
than a principal member
Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or
by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not
be conspicuous and visible
The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which
impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of
the lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of
his body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the
body
14. If the injury would require medical attendance for more than 30 days, the illness of the offended party
may be considered as lasting more than 30 days. The fact that there was medical attendance for that
period of time shows that the injuries were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work:
includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the illness or
incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only
be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although less effectively than
before
19. Serious physical injuries is qualified when the crime is committed against the same persons
enumerated in the article on parricide or when it is attended by any of the circumstances defining the
crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is
not qualified serious physical injuries
That the offender inflicted upon another person any serious physical injury
That it was done knowingly administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind of credulity
Notes:
Administering means introducing into the body the substance, thus throwing of the acid in the
face is not contemplated.
That the offended party is incapacitated for labor for 10 days or more (but not more than 30
days), or needs medical attendance for the same period of time
That the physical injuries must not be those described in the preceding articles
Notes:
when the victim is either the offender’s parents, ascendants, guardians, curators or teachers
when the victim is a person of rank or person in authority, provided the crime is not direct assault
It falls under this article even if there was no incapacity but the medical treatment was for 13 days
3 Kinds:
I-That which incapacitated the offended party for labor from 1-9 days or required medical attendance
during the same period
II-That which did not prevent the offended party from engaging in his habitual work or which did not
require medical attendance (ex. Black-eye)
III-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons
incorporated into Title 8 of the RPC to be known as Chapter 3
Elements:
Rape is committed
By a man who have carnal knowledge of a woman under any of the following circumstances:
o when the offended party is under 12 years of age or is demented, even though none of the
circumstances mentioned above be present
o By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit
an ac of sexual assault by inserting
o any instrument or object, into the genital or anal orifice of another person
reclusion perpetua
b. the rape is attempted and a homicide is committed by reason or on the occasion thereof
DEATH when
homicide is committed
parent
ascendant
step-parent
guardian
c. under the custody of the police or military authorities or any law enforcement or penal institution
committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree
of consanguinity
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
g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the
virus is transmitted to the victim
h. offender; member of the AFP, or para-military units thereof, or the PNP, or any law enforcement
agency or penal institution, when the offender took advantage of his position to facilitate the commission
of the crime
j. the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
and
k. when the offender knew of the mental disability, emotional disorder and/or physical handicap or the
offended party at the time of the commission of the crime
1. prision mayor
reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above
Notes:
less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death