THIRD EXAM

➢CRIMES AGAINST PERSON

➢PARRICIDE
➢MURDER
➢HOMICIDE
➢INFANTICIDE
➢R.A. 8353
• Crime Against Person (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 (Art. 246).
• What are the three types of Murder
• First-degree murder is the most severe homicide crime and is always
premeditated and carried out with intent.
• Second-degree murder is carried out with intent but with no premeditation.
• Finally, third-degree murder is the lowest criminal homicide with no intent
to kill and no premeditation.
•
• Infanticide (People of the Philippines, plaintiff-appellee, v.
Adalia accused-appellant.)
• 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 is 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 (Art. 255).
• In the crime of Infanticide only the mother and the
grandparents are criminally liable (Art. 255 RPC)
• Infanticide Law and Legal Definition. Infanticide refers to the act of
killing of a newborn child. Infanticide is usually committed by the
parents or with their consent. It is also known as child destruction
or neonaticide.
• Neonaticide is the deliberate act of a parent murdering their own
child during the first 24 hours of life. As a noun, the word
"neonaticide" may also refer to anyone who practices or who has
practiced this. every year, hundreds of women commit
neonaticide: they kill their newborns or let them die.
• 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:
• 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.
• In consideration of a price, reward, or promise.
• 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 (Art. 248).
• 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 (Art. 249).
• Important provision of RA 8353 (ANTI-RAPE LAW OF 1997)
• Rape now is classified as crime against persons. Previously, it is a crime against chastity.
Thus, there is now an impossible crime of rape. Raping a dead person believed to be alive
by the offender is impossible crime of rape.
• Rape could be committed on male person.
• Marital rape could also now be committed by the husband.
• The insertion of the penis or objects into the mouth, genitals or anal orifice of another
person with carnal knowledge is rape.
• A crime against person
• Rape violates a woman’s well being and not just her virginity or purity.
• The law considers that any woman, whether a prostituted woman, non-virgin or one who
has an active sexual life may be victimized by rape
• A public offense
• By declaring that rape is a crime against persons, the law no longer considers
it as a private crime. Anyone who has knowledge of the crime may file a case
on the victim’s behalf. Prosecution continues even if the victim drops the
case or pardons the offender.
• WHAT CONSTITUTES RAPE?
• 1. Rape is committed under the following circumstances: A man has sexual
intercourse with a woman; Through force, threat or intimidation; When the
victim is deprived of reason or is unconscious; Through fraudulent
machination or grave abuse of authority; and When the victim is under 12
years of age or is demented( Brainsick), even if none of the above
conditions are present
• 2. Any person who, under any of the above conditions, commits an act of
sexual assault through oral or anal sex or by inserting an instrument or object
into the anal or genital orifice of another person.
• WHO CAN BE RAPED?
• Anyone can be a rape victim but the incidence of rape is more rampant in
women and girls.
• WHO CAN COMMIT RAPE?
• Any man or woman may be held liable for rape. It is possible that a man may
rape his own wife, an act deemed as “marital rape.”
• The penalty for rape in general may apply on the offender who commits
marital rape.
• HOW IS THE CRIME PUNISHED?
• The penalty varies depending on the act itself and the circumstances surrounding it.
Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the offender if rape
is committed through sexual intercourse
• Prision mayor (imprisonment from six to 12 years) is imposed on the offender if rape was
committed through oral or anal sex or through the use of any object or instrument that
was inserted into the mouth or anal orifice of the woman or a man.
• This may also be elevated to reclusion temporal (imprisonment from 12 to 20 years) or
reclusion perpetua depending on the circumstances surrounding the crime.
• WHAT TO DO IF SOMEONE IS RAPED?
• 1. Advise the victim to seek the help of a counselor or a therapist who is an expert in
handling cases of sexual abuse.
• 2. Assist her in securing a safe and temporary shelter if she needs to move to another
place for security reasons. She can be referred to a crisis center or any government agency
that offers temporary shelter.
• 3. Make sure that evidence is safe and intact. This would help in case the
victim decides to file a case.
• 4. Secure a medico-legal certificate from a medico-legal officer. Absence of
bodily injuries does not mean that rape did not occur or that the case may
not be pursued anymore.
• 5. Support the victim along the way when she decides to file a case.
• 6. Ensure that she is prepared in all aspects. Make her understand the overall
picture of the case. Inform her that it is possible that doctors, police, lawyers
and judges would not be sensitive to her situation and experience.
• 7. Help the victim choose the lawyer who understands her most.
• 8. Coordinate with people who can assist or support her all throughout.
• STATUTORY RAPE
• when the victim of rape is twelve years of age and below, it is statutory rape. The reason
for this is that even if the child consented to the sexual intercourse, her consent is invalid
because she could not give valid consent by her age.
• Under the newly amended law on rape or RA 11648, an act providing for stronger
protection against rape and sexual exploitation and abuse, amended RA 8353 of 1997 by
raising the age of sexual consent from 12 to 16 years to further shield minors from rape
and other acts of sexual abuse. Age of consent finds relevance in light of the principle
that a person of tender age is presumed not to possess discernment and is incapable of
giving intelligent consent to the sexual act.
• In People of the Philippines vs Quinagoran, the Supreme Court ruled that “mere sexual
congress with a woman below 12 years of age consummates the crime of statutory rape
regardless of her consent to the act or the lack of it.”
• EVIDENCE IN THE INVESTIGATION OF RAPE
• Panty or other clothing of the victim. Physical examination of
the victim to determine signs of force such as injuries or the
presence of seminal fluids inside her organ.
• Detached pubic hairs of the victim and suspect.
• Physical examination of the suspect and the examination of his
clothing. Relevant matters at the scene of the crime.
Testimonies of witnesses if there is any. Written complaint of
the victim.
• CONCEPTS OF SEX CRIME
• It is triggered by emotion. A person who commits a sex crimes has lost control
of his emotions.
• It is not something you can set out and analyze. It is a compulsion coming
deep within the offender.
• Gratification of the sex urge is often done in strange and morbid methods. It
involves an addiction.
• Sex is a normal human need, hence, this must be considered in the
investigation of the sex crimes.
• Most of the sex offenders have their peculiar way to commit this crime.
• Sociosexual activity is generally divided into heterosexual activity (male with
female) and homosexual activity (male with male or female with female).
• CATEGORIES OF PECULIAR WAYS OF SEX OFFENDERS.
• FETISHISM
• refers to a person who satisfied sex urge through wearing of an object ( e.g
underwear of a woman )compulsively used in attaining sexual gratification.
• SYMBOLISM
• the representation of things by the use of symbols especially in the art or
literature such as systems of symbols and symbolic meanings and a group of
symbolist as in art as literature.
• RITUALISM
• sex offenders of this category use the same approach or pretext all the time.
This will help in solving serial rapes by analyzing the peculiar rituals used.
• Paraphilias -
• involve sexual arousal to atypical objects, situations, and/or targets (eg,
children, corpses, animals). However, some sexual activities that seem
unusual to another person or a health care practitioner do not constitute a
paraphilic disorder simply because they are unusual. other sample include
necrophilia (corpses), scatologia (obscene phone calls), coprophilia (feces and
defecation), and zoophilia (animals)
• Transvestism -
• involves recurrent and intense sexual arousal from cross-dressing, which may
manifest as fantasies, urges, or behaviors. Transvestic disorder is transvestism
that causes significant distress or significant functional impairment.
• SEX FANTASY OR DREAM WORLD
• the sex fantasy overcome the offender who puts his dreams to reality to see if he will feel
even better and its importance to him.
• SADISM
• prior acts of cruelty before the sex encounter bring climatic sexual satisfaction.
• MASOCHISM
• sexual satisfaction is gained by being humiliated, hurt or beaten before the sexual act.
• SADO-MASOCHISM
• inflicts injury and at the same time enjoys having injury inflected upon him preceding the
sexual act.
• VOYEURISM
• a sexual gratification by looking at nude person. Peeping Toms are included in this
category.
• SATYRISM
• an abnormal over sexual activity on the part of the men. The abnormal
sexual offender is called satyr, which was derived from the Greek Mythology
of a half- man half-goat animal who could impregnate fifty female goats a
day.
• NYMPHOMANIA
• the compulsive and uncontrollable feeling of woman to over indulge in
sexual activity. The woman is called nymphomaniac.
• NECROMANIA OR NECROPHILIA
• sexual gratification on a dead person or love towards a dead person.
• PEDOPHILIA
• sexual gratification where the victims are children. The person afflicted with
this sexual perversion is the pedophile.
• OTHER TERMS CONNECTED WITH SEX CRIMES
• SODOMY
• sexual intercourse thru the anus or anal sex.
• ORAL SEX
• sexual perversion where gratification is thru the mouth.
• BESTIALITY
• sex gratification is thru sexual intercourse with animals like pets such as dogs,
cats, etc.
• IMPOTENCY
• the failure to have erection of the male organ.
• STERILITY
• the failure to procreate or produce offspring. A man may not be
impotent but sterile and vice versa. A woman is never called impotent
but maybe sterile.
• CRIMES AGAINST PROPERTY

• Who are liable for theft. — Theft is committed by any person who, with intent to gain but
without violence against or intimidation of persons nor force upon things, shall take
personal property of another without the latter's consent
• Theft is likewise committed by:
• 1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
• 2. Any person who, after having maliciously damaged the property of another, shall
remove or make use of the fruits or object of the damage caused by him; and
• 3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or
which belongs to another and without the consent of its owner, shall hunt or fish upon
the same or shall gather cereals, or other forest or farm products ( At. 308 of RPC)
• Qualified theft. —
• The crime of theft shall be punished by the penalties next higher by two
degrees than those respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of confidence, or if
the property stolen is motor vehicle, mail matter or large cattle or consists
of coconuts taken from the premises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any other calamity, vehicular
accident or civil disturbance(Art. 310 of RPC)
• Ordering someone to deposit or withdraw money from the bank by giving the
bank book and signed deposit or withdrawal slips and that someone
absconded the money, it is theft.
• Entrusting a piece of jewelry to be sold on commission basis and the agent
failed to remit the price or return the property unsold, the case is not Theft
but Estafa.
• In Theft, there is only material transfer to the property but in Estafa, there is
judicial transfer of the property. Judicial transfer implies that receiver of the
property has the authority to dispose the same.
• In Theft there is no such authority.
• In the investigation of theft and robbery cases, there is the importance of the
value of the property subject of the offense, because the imposable penalty is
based on the value.
• Who are guilty of robbery. —
• Any person who, with intent to gain, shall take any personal property belonging to another,
by means of violence or intimidation of any person, or using force upon anything shall be
guilty of robbery.
• 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.( Art. 295 of the RPC)
• The penalty of reclusion temporal in its medium period to reclusion perpetua when the
robbery shall have been accompanied by rape or intentional mutilation, or if by reason or
on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of
Article 263 shall have been inflicted; Provided, however, that when the robbery
accompanied with rape is committed with a use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death
• Robbery in an inhabited house or public building or edifice devoted to worship. —
Any armed person who shall commit robbery in an inhabited house or public building
or edifice devoted to religious worship, shall be punished by reclusion temporal, if
the value of the property taken shall exceed 250 pesos, and if:
• (a) The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means:
• 1. Through a opening not intended for entrance or egress.
• 2. By breaking any wall, roof, or floor or breaking any door or window.chanrobles
virtual law library
• 3. By using false keys, picklocks or similar tools.chanrobles virtual law library
• 4. By using any fictitious name or pretending the exercise of public
authority.chanrobles virtual law library (Art. 299 of RPC)
• Burglary means the unlawful entry into a structure, such as home or
building with the intention to commit a crime. Likewise, larceny is the
unlawful taking of property, but does not involve unlawful entry. Larceny is
an unlawful taking and carrying away of another person’s property with the
intent never to return it to the owner.
• Robbery is the taking of property from a person’s immediate possession
through the use of force or threats.
• A person who is entrusted with property but then takes it unlawfully is
guilty of Embezzlement.
• Extortion occurs when one person either obtains money, property, or
services from another through coercion, intimidation, or threats of physical
harm.
• REPUBLIC ACT NO. 9208 ( 2003)
• (Section 1-12)
• AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER
• Sec. 2 In pursuit of this policy, the State shall give highest priority to the enactment of
measures and development of programs that will promote human dignity, protect the
people from any threat of violence and exploitation, eliminate trafficking in persons, and
mitigate pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
• Trafficking in Persons refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim's consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
• Forced Labor and Slavery refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force
or coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception.
• (e) Sex Tourism refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
• f) Sexual Exploitation refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud
or through abuse of a victim's vulnerability.
• ((g) Debt Bondage refers to the pledging by the debtor of his/her personal services or
labor or those of a person under his/her control as security or payment for a debt, when
the length and nature of services is not clearly defined or when the value of the services as
reasonably assessed is not applied toward the liquidation of the debt.
• (h) Pornography refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of the
sexual parts of a person for primarily sexual purposes.
• (i) Council shall mean the Inter-Agency Council Against Trafficking created ( IACAT) under
Section 20 of this Act.
• Under the section 4 of R.A. 9208 Acts of Trafficking in Persons. It shall be unlawful for
any person, natural or juridical, to commit any of the following acts:
• (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training
or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
• (b) To introduce or match for money, profit, or material, economic or other consideration,
any person or, as provided for under Republic Act No. 6955, any Filipino woman to a
foreign national, for marriage for the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
• c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;
• (d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography
or sexual exploitation;
• (e) To maintain or hire a person to engage in prostitution or pornography;
• (f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
• (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale
of organs of said person; and
• (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
• Section 6. Qualified Trafficking in Persons. The following are considered as qualified
trafficking:
• (a) When the trafficked person is a child;
• (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
• (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring
or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;
• (d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
• (d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
• (e) When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;
• (f) When the offender is a member of the military or law enforcement agencies; and
• (g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
• Section 11. Use of Trafficked Persons. Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
• (a) First offense - six (6) months of community service as may be determined by the court
and a fine of Fifty thousand pesos (P50,000.00); and
• (b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
• Section 12. Prescriptive Period. Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6 shall prescribe in twenty (20) years.
• mportant Provision of Republic Act 9262 THE ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004
• WHAT IS REPUBLIC ACT NO. 9262?
• RA 9262 is the Anti-Violence Against Women and their Children Act of 2004 It seeks
to address the prevalence of violence against women and children VAWC), abuses on
women and their children by their intimate partners like:
• Husband or ex-husband Live-in partner or ex-live in partner Boyfriend/girlfriend or
ex-boyfriend/ex-girlfriend Dating partner or ex-dating partner The Act classifies
violence against women and children (VAWC) as a public crime.
• What is VAWC under the law?
• It refers to “any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats
of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty.
• It includes, but is not limited to, the following acts:
• “Physical violence” refers to acts that include bodily or physical
• harm;
• “Sexual violence” refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
• a) rape, sexual harassment, acts of lasciviousness, treating a woman or her
child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim’s body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;
• b) acts causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other
harm or coercion;
• c) Prostituting the woman or her child.
• “Psychological violence” refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and marital infidelity. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
• Economic abuse”
• refers to acts that make or attempt to make a woman financially dependent.
This includes but is not limited to the following:
• a) withdrawal of financial support or preventing the victim from engaging in
any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;
• b) deprivation or threat of deprivation of financial resources and the right to
the use and enjoyment of the conjugal, community or property owned in
common;
• c) destroying household property;