CRIMES AGAINST PERSONS
daughter, or that he or she has not consented to the infidelity of the other
Art. 246. PARRICIDE
ELEMENTS
- A person is killed
- The deceased was killed by the accused
- That the deceased is the (1) father, mother, or child, whether legitimate or
illegitimate, (2) or a legitimate other ascendant or other descendant, (3) or
the legitimate spouse of the accused.
OTHER DISCUSSIONS
- Killing between brothers/sisters are not qualified as parricide but as
homicide or murder as the case may be as they are in the “collateral
line”
- When it comes to our muslim brothers who have multiple wives/spouses,
in the case that they kill the second or any of the other wives he is not
liable for parricide but murder or homicide as the case may be. But this
law will still not be applicable to them because the basis of this provision
of the law is the Family Code and not the Sharia Law
- Reckless Imprudence resulting in parricide is committed through simple
imprudence or negligence.
- Parricide by mistake is plausible because the law does not require
knowledge of the relationship between them.
- A stranger who cooperates and takes part in the commission of a crime of
parricide, is not guilty of parricide but only of homicide or murder as the
case may be.
Art. 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS
- 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.
- 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.
- That he has not promoted the or facilitated the prostitution of his wife or
spouse.
OTHER DISCUSSIONS
- This article does not define and provide for a specific crime, but grants a
privilege or benefit to the accused for the killing of another or the infliction
of serious physical injuries under circumstances mentioned therein.
- Only punished with destierro.
- The law requires that he must be legally married.
- The person claiming the benefits of article 247 must surprise his spouse
or daughter under 18 years old and living with him in the act of committing
sexual intercourse with another person. If he has not surprised him in the
act, article 247 will not apply if he kills or inflicts serious physical injury on
one or both of them.
- Article 247 is not applicable when the accused did not see his spouse in
the act of sexual intercourse with another person.
- But it is enough that the circumstances show reasonably that the carnal
act is being committed or has just been committed.
- It is necessary for the application of article 247 that he killed or inflicted
serious physical injuries on any or both of them either while they were in
the act of sexual intercourse or if not because they were able to run away
immediately after surprising them in the act of sexual intercourse.
- The discovery, the escape, the pursuit and the killing must all form part of
one continuous act.
- The killing must be the direct byproduct of the accused’s rage. It only
requires that the death Caused by the proximate result of the outreach
overwhelming the accused after chancing up on the spouse in the basest
act of infidelity.
- The justification for article 247 Considers the spouse or parent as acting
in a justified burst of passion. No criminal liability when list serious or
physical injuries or inflicted.
Art 248. MURDER
MURDER DEFINED
- Murder is the unlawful killing of any person which is not parricide or
infanticide provided that any of the following circumstances is present;
 1. With treachery, Taking advantage of superior strength, the aid of armed
men, or employing means to weaken the defense, or of means or persons
to ensure or a Ford impunity;
2. In consideration of a price reward or promise;
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of
the vessel, derailment or assault on a railroad, 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, irruption of a volcano, destructive
cyclone, epidemic or any other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately any inhumanely augmenting the suffering of
the victim, or outraging or scoffing at this person or corpse.
ELEMENTS
- That a person was killed
- That the accused killed him
- That the killing was attended by any of the qualifying circumstances
mentioned in article 248
- The killing is not parasite or infanticide
OTHER DISCUSSIONS
- The victim must be killed to consummate the crime.
- There was intent to kill in such evidence that may consist of the use of
weapons by the malefactors, the nature, location and number of one
sustained by the victim and the words uttered by the malefactors before,
at the time or immediately after the killing of the victim.
- Treachery is an unexpected and sudden attack which renders the victim
unable and unprepared to put up a defense is the essence of treachery.
- In taking advantage of superior strength the evidence must establish that
the assailants purposely sought the advantage, or that they had a
deliberate intent to use this advantage to purposely use excessive force
out of proportion to the means of defense available to the person
attacked. The appreciation of this aggravating circumstance depends on
the age, size, and strength of the parties.
- With the aid of armed men, if the accused had companions who were
armed when he committed the crime, this circumstance is considered
present. The crime was committed with the aid of our men with at least
two of the accused were armed with carbine and bolo, when the five
accused perpetrated the crime. The armed men must take part in the
commission of the crime directly or indirectly and the accused must avail
himself of their aid or rely upon them when the crime is committed.
- Employing means or persons to ensure or afford impunity. When means
or persons are employed by the accused to kill the disease to prevent his
being recognized, or to secure himself against detection and punishment,
he may be liable for murder.
- In consideration of price, the ward, or promise. The person who received
the price or reward or who accepted the promise of price or the word
would not have killed the victim were it not for the price, reward or
promise. Such person is a principal by direct participation. The one who
gave the price or reward or who made the promise is a principal by
induction.
- By means of fire, poison, explosion etc. When the code declares that
homicide committed by means of fire shall be deemed to be murder, it is
intended that there should be an actual design to kill and that the use of
fire should be purposely adopted as means to that end.
- Killing the person in the occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake, irruption of a volcano,
destructive cyclone, epidemic or any other public calamity, when taken
advantage of by the offender, qualifies the crime to murder.
- With evident premeditation. Evident premeditation exists when the
execution of the criminal act is preceded by cool thought and your flexion
up on the resolution to carry out the criminal intent during the space of
time sufficient to arrive at a calm judgment.
1. The time when the offender has determined to commit the crime.
2. An act manifestly indicating that the culprit has clung to his determination.
3. A sufficient interval of time between the determination and execution of
the crime has lapsed to allow him to reflect upon the consequences of his
act.
- There is cruelty when other injuries or wins or 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.
- 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.
Art 249. HOMICIDE
ELEMENTS
- That a person was killed
- The accused killed him without any justifying circumstances
 - The accused had the intention to kill, which is presumed
- That the killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide.
OTHER DISCUSSIONS
- The victim must be killed to consummate the crime. If the victim is not
killed, it is either attempted or frustrated homicide.
- When death resulted, even if there is no intent to kill, the crime is
homicide, not merely physical injuries, because with respect to crimes of
personal violence, the penal law looks particularly to the material results
following the unlawful act and holds the aggressor responsible for all the
consequences thereof.
- The refusal of the deceased to be operated on does not relieve the
offender of the criminal liability for his death.
- Where the wounds that caused the death were inflicted by two different
persons, even if they were not in conspiracy, each one of them is guilty of
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
(example is in boxing matches where boxing is a lawful act).
- Corpus Delicti means the actual commission of the crime charged. It also
means that the crime was actually perpetrated, and does not refer to the
body of the murdered person.
Art 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR HOMICIDE
- Courts may impose a penalty two degrees lower for frustrated parricide,
murder or homicide.
- PAR. 1 of Art 250 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 (ART 50).
- PAR. 2 of Art 250 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. The court can,
therefore, impose a penalty three degrees lower in view of the facts of the
case (ART 51)
Art. 251 DEATH CAUSED IN A TUMULTUOUS AFFRAY
ELEMENTS
- That there be several persons
- That they did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally
- That these several persons quarreled and assaulted one another in a
confused and tumultuous manner
- That someone was killed in the course of the affray
- That it cannot be ascertained who actually killed the deceased
- That the person or persons who inflicted serious physical injuries or who
used violence can be identified
OTHER DISCUSSIONS
- “Several” means more than two but not very many
- “Tumultuous” means that the disturbance is caused by more than three
persons who are armed or are provided with means of violence.
- There is no crime of death in a tumultuous affray if the quarrel is between
two well-known groups or if a group of identified men physically assaults a
common particular victim
- And as the person who inflicted the wounds could not be identified, they
were all liable under the 2nd paragraph of article 251, because they all
used violence.
- If the one who inflicted the fatal wound is known, the crime is not
homicide in tumultuous affray. It is a case of homicide under article 249
against the one who inflicted the fatal wound.
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)
Art. 252 PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
ELEMENTS
- That there is a tumultuous affray as referred to in the preceding article
- That a participant or some participants thereof suffers serious physical
injuries or physical injuries of a less serious nature only
- That the person responsible therefore cannot be identified
 - That all those who appear to have used violence upon the person of the
offended party are known.
OTHER DISCUSSIONS
- When a person is killed in the course of the affray, and the one who
inflicted serious physical injuries is known, Art 252 is not applicable to
those who used violence, because that article applies when in a
tumultuous affray, only serious physical injuries or physical injuries of a
less serious nature are inflicted.
- The injured party must be one or some of the participants in the affray
- 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 (Art 252, par 1) **LOWER NA NGA,
LOWER PA**
- Note that only those who used violence is punished, because if the one
who inflicted the physical injuries is know, he will be liable for the physical
injuries actually committed and not under this article (Arts 263, 265 and
266)
- The second paragraph mentions physical injuries of a less serious nature.
It seems that they refer to less serious physical injuries.
Art. 253 GIVING ASSISTANCE TO SUICIDE
ACTS PUNISHABLE AS GIVING ASSISTANCE TO SUICIDE
1. By assisting another to commit suicide, whether the suicide is
consummated or not.
2. By lending his assistance to another to commit suicide to the extent of
doing the killing himself
OTHER DISCUSSIONS
- ESSENCE OF WHY A PERSON WHO ATTEMPTS TO COMMIT
SUICIDE IS NOT CRIMINALLY LIABLE: a person who attempts to
commit suicide 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 **PIMAN
ADI**
- 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 fetus instead. The
pregnant woman who suffers an abortion due to the poison she took to
commit suicide should not be held liable for the abortion that resulted. The
abortion that resulted is unintentional, abortion not having been intended
by her, and unintentional abortion is punishable only when it is caused by
violence, not by poison.
- EUTHANASIA: also known as “mercy-killing” is the practice of painlessly
putting to death a person suffering from some incurable disease.
Art. 254 (ILLEGAL) DISCHARGE OF FIREARMS
ELEMENTS
- That the offender discharges a firearm against or at another person
- That the offender has no intention to kill that person
OTHER DISCUSSIONS
- The act constituting the offense is shooting at another with any firearm,
without intent to kill him. If the firearm is not discharged at a person, there
is no crime of discharge of firearm. It is essential for the prosecution to
prove in a positive way that the discharge of the firearm was directed
precisely against the offended party.
- In discharge of firearms under this provision, the purpose of the offender
is only to intimidate or to frighten the offended party.
- Absent an intent to kill in firing the gun towards the victim, petitioner
should be liable for the crime of illegal discharge of firearm under Art 254
if the RPC
- The crime is illegal discharge of a firearm, even if the gun was not pointed
at the offended party when it fired, as long as it was initially aimed by the
accused at or against the offended party.
Art. 255 INFANTICIDE
ELEMENTS
- That a child was killed
- That the deceased child was less than three days (72 hours) of age
- That the accused killed the said child
OTHER DISCUSSIONS
- The penalty must be taken from the crimes of Parricide and Murder
 - If the father or mother or legitimate grandparents kills the child less than
three days old, the penalty is reclusion perpetua.
- If the offender is not so related to the child, the penalty is reclusion
perpetua and he will be liable for the crime of murder
- Infanticide to conceal dishonor. The purpose of concealing the dishonor is
not an element of infanticide; it merely mitigates the liability of the mother
or maternal grandparents who committed the crime. Only the mother and
maternal grandparents of the child are entitled to the mitigating
circumstance of concealing the dishonor.
- Delinquent mother who claims concealing dishonor must be of good
reputation
- Stranger cooperating with the mother in killing a child less than three days
old is guilty of of infanticide also but the penalty is that for murder.
- No crime of infanticide is committed where the child was born dead, or
although born alive, it could not sustain an independent life when it was
killed. The child must be born alive and fully developed, that is it can
sustain an independent life. A fetus about six months old cannot subsist
by itself, outside the maternal wound.
Art. 256 INTENTIONAL ABORTION
ABORTION DEFINED
- Willful killing of the fetus in the uterus, or the violent expulsion of the fetus
from the maternal womb which results in the death of the fetus.
OTHER DISCUSSIONS
- If the fetus survives in spite of the attempt to kill it or the use of violence,
abortion is not consummated. If abortion is intended and the fetus does
not die, it is frustrated intentional abortion when all the acts of execution
have been performed by the offender.
- If abortion is not intended and the fetus does not die, in spite of the
violence intentionally exerted, the crime may be only physical injuries.
There is no frustrated unintentional abortion, in view of the lack of
intention to cause an abortion.
- Under the RPC, abortion ordinarily means the expulsion of the fetus
before the sixth month or before the term of its viability, that is, capable of
sustaining life. But as long as the fetus dies as a result of the violence
used or the drugs administered, the crime of abortion exists, even if the
fetus is full term.
- The person who actually caused the abortion is liable under this article.
The woman is liable under 258 if she consented to the abortion caused on
her. If she did not consent to the abortion caused on her, she is not liable.
WAYS OF COMMITTING INTENTIONAL ABORTION
1. By using any violence upon the person of the pregnant woman
2. By acting, but without using violence, without the consent of the woman.
(By administering drugs or beverages upon such pregnant woman without
her consent.)
3. By acting (by administering drugs or beverages), with the consent of the
pregnant woman
ELEMENTS OF INTENTIONAL ABORTION
- That there is a pregnant woman
- That violence is exerted, or drugs or beverages administered, of 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 acts of the accused, the fetus dies, either in the womb of after
having been expelled therefore
- That the abortion is intended
Art 257 UNINTENTIONAL ABORTION
ELEMENTS
- That there is a pregnant woman
- That violence is used upon such pregnant woman without intending an
abortion
- That the violence is intentionally exerted
- That as a result of the violence the fetus dies, either in the womb or after
having been expelled therefrom.
OTHER DISCUSSIONS
- It should be noted that the law employs the word “violence”, that is, actual
physical force. Thus, where a man points a gun at a pregnant woman, at
the same time telling her that he will kill her, and because of the fright she
absorbs, she suffers an abortion, the offender is guilty of threats only.
- The violence must be intentionally exerted
 - There is such a thing as reckless imprudence resulting to unintentional
abortion
- The accused is liable for abortion even if he did not know that the woman
was pregnant. Presumably not knowing that she was pregnant, as author
of the abuse which caused the miscarriage, he is liable not only for such
maltreatment but also for the consequences thereof, to wit, for the
abortion.
- Complex crime of homicide with unintentional abortion
- If a child is expelled prematurely and is born alive but could not sustain an
independent life, the offense is abortion.
- No intention to cause abortion, no violence – no kind of abortion
Art. 258 ABORTION PRACTICED BY THE WOMAN HERSELF OR PARENTS
- That the said physician or midwife takes advantage of his or her scientific
knowledge or skill
OTHER DISCUSSIONS
- The penalties provided for intentional abortion (art 256; reclusion
temporal, prision mayor, prision correccional in its maximum or medium
period) shall be imposed in the maximum period upon the physician or
midwife.
- What is being punished is the dispensing of abortive without the proper
prescription from a physician. The pharmacist will be an accomplice in the
crime of abortion if he knew that the abortive would be used to cause an
abortion and abortion resulted from the use thereof.

ELEMENTS AS TO THE PHARMACISTS, THE ELEMENTS ARE

- That there is a pregnant woman who has suffered an abortion - That the offender is a pharmacist
- That the abortion is intended - That there is no proper prescription from a physician
- That the abortion is caused by; - That the offender dispenses any abortive
1. The pregnant woman herself (par 1)
2. Any other person, with her consent (par 2) Art 260. RESPONSIBILITY OF PARTICIPANTS IN DUEL
3. Any of her parents, with her consent for the purpose of concealing her
dishonor (par 3)
DUEL DEFINED
OTHER DISCUSSIONS
- 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
- If the purpose of the pregnant woman is to conceal her dishonor, the make the selection of arms and fix all the other conditions of the fight.
penalty is lower.
- If committed by any of the parents of the pregnant woman and with the
ACT PUNISHED IN DUEL
consent of such woman to conceal her dishonor, the penalty is the same
as that for the woman who practiced abortion upon herself without such
purpose of concealing her dishonor. - 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
Art. 259 ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
WHO ARE LIABLE IN A DUEL
ELEMENTS
- The person who killed or inflicted physical injuries upon his adversary, or
both combatants in any other case, as principals
- That there is a pregnant woman who has suffered an abortion
- The seconds, as accomplices
- Abortion is intended
- That the offender, who must be a physician or midwife, causes or assists
in causing, the abortion OTHER DISCUSSIONS
 - The penalty for duel is reclusion temporal, the same as that for homicide, - The first kind of Mutilation is Castration which must be made purposely.
if death resulted. Amputation of whatever organ is necessary for reproduction.
- If no physical injuries are inflicted in a duel, the penalty to be imposed - Vasectomy is not under mutilation of the first kind because there should
upon the combatants is arresto mayor. be total or partial castration of the reproductive organ.
- If a person inflicted upon his adversary in a duel physical injuries only, he - The other intentional mutilation under par 2 of this provision is called
shall suffer the penalty provided therefor, according to their nature. “Mayhem”. Other than an organ for reproduction, such as the cutting of
the outer ear or arm of the offended party, with the deliberate purpose of
Art. 261 CHALLENGING TO A DUEL depriving him of that part of his body.
- If a mutilation is not caused purposely and deliberately so as to deprive
ACTS PUNISHED UNDER 261 the offended party of a particular part of his body, the case will be
considered as physical injuries falling under Art 263 (Serious Physical
Injuries) par 1 or 2 as the case may be.
1. By challenging another to a duel
2. By inciting another to give or accept a challenge to a duel
3. By scoffing at or decrying another publicly for having refused to accept a Art. 263 SERIOUS PHYSICAL INJURIES
challenge to fight a duel.
HOW IS THE CRIME OF SERIOUS PHYSICAL INJURIES COMMITTED
OTHER DISCUSSIONS
- By wounding
- The person making the challenge must have in mind a formal combat to - By beating
be concerted between him and the one challenged in the presence of two - By assaulting
or more seconds - By administering injurious substance
- The persons responsible under this provision is the challenger (one who
engages in a contest) and the instigators (one who initiates) OTHER DISCUSSIONS

Art. 262 MUTILATION - May be committed by reckless imprudence, ir by simple imprudence or

negligence
MUTILATION DEFINED
WHAT ARE SERIOUS PHYSICAL INJURIES
- The lopping or the clipping off of some part of the body
1. When the injured person becomes insane, imbecile, impotent, or blind in
TWO KINDS OF MUTILATION consequence of the physical injuries inflicted
2. When the injured person (a) losses the use speech or the power to hear
or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses
1. By intentionally mutilating another by depriving him, either totally or
the use of any such member, or (c) becomes incapacitated for the work in
partially, if some essential organ for reproduction
which he was theretofore habitually engaged, in consequence of the
2. By intentionally making other mutilation, that is, by lopping or clipping off
physical injuries inflicted
any oart of the body of the offended party, other than the essential organ
3. When the person injured (a) becomes deformed, or (b) loses any other
for reproduction, to deprive him of that part of his body
member of his body, or (c) loses the use thereof, or (d) becomes ill or
incapacitated for the performance of the work in which he was habitually
OTHER DISCUSSIONS engaged for more than 90 days, in consequence of the physical injuries
inflicted
 4. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days), as a result of the
physical injuries inflicted.
OTHER DISCUSSIONS
- If there was intent to kill when the offender inflicted any of the serious
physical injuries described in this article, the crime would be frustrated or
attempted murder, parricide or homicide, as the case may be.
- In the crime of physical injuries, the offender has no intent to kill the
offended party, in attempted or frustrated homicide, the offender has an
intent to kill the offended party.
- PAR 1. Impotence means inability to copulate. Properly used for the male;
but it also has been used synonymously with “sterility”. Loss of power to
procreate, the term impotent should include inability to copulate and
sterility.
- PAR 2. PRINCIPAL MEMBERS OF THE BODY; eye, hand, foot, arm, leg
- PAR 3. ANY OTHER PART OF HIS BODY; incisor teeth, ear lobe. It is
physical injury when the offended party becomes deformed (physical
ugliness, permanent and definite abnormality, conspicuous and visible)
- The injury contemplated in this 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 disfigurement. The case of a child or an old
man is an exception to the rule.
- The loss of the outer ears will necessarily cause deformity. If there is loss
of power to hear of both ears as a result of the loss of both outer ears, the
crime will be punished under Par 2 of art 263.
- PAR 4. The incapacity is for any kind of labor
- Hospitalization for more than 30 days may mean either illness or
incapacity for labor for more than 30 days
- In case, months after the offense occurred, the injury to the offended
party has not been entirely cured. This is illness for more than 30 days
and the case falls under par 4 of art 263
- Lessening of efficiency due to injury is not incapacity
- Serious physical injuries by excessive chastisement by parents are not
qualified
Art. 264 ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
ELEMENTS
- That the offender inflicted upon another any serious physical injury
- That it was done by knowingly administering to him any injurious or
beverages or by taking advantage of his weakness of mind and credulity
- That he has no intent to kill
- It is frustrated murder when there is intent to kill
- Administering injurious substances means introducing INTO the body the
substance
- This article does not apply when the physical injuries that result are less
serious or slight
Art. 265 LESS SERIOUS PHYSICAL INJURIES
MATTERS TO BE NOTED IN THE CRIME OF LESS SERIOUS PHYSICAL
INJURIES
1. 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.
2. That the physical injuries must not be those described in the preceding
articles.
OTHER DISCUSSIONS
- The law includes two subdivisions, dealing with (1) the inability for work
(2) the necessity for medical attendance.
- The crime is less serious physical injuries even if there was no incapacity,
but the medical treatment was for 13 days
- It is only slight physical injuries when there is no medical attendance or
incapacity for labor
- 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
THREE KINDS OF SLIGHT PHYSICAL INJURIES
1. Physical injuries which incapacitated the offended party for labor from one
(1) day to nine (9) days or required medical attendance during the same
period;
2. Physical injuries which did not prevent the offended party from engaging
in his habitual work or which did not require medical attendance;
 3. Ill-treatment of another by deed without causing any injury.
OTHER DISCUSSIONS
- 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
- An example of Slight PI by ill-treatment is any physical violence which
does not produce injury, such as slapping the face of the offended party,
without causing dishonor.
Art. 266- A RAPE, WHEN AND HOW COMMITTED
RAPE IS COMMITTED
1. By a man who shall have carnal knowledge of a woman 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 16 years of age or is demented, even
though none of the circumstances mentioned above be present; or
2. Committed by any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by 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.
OTHER DISCUSSIONS
- Rape by sexual assault. Rape by sexual assault is committed under any
of the circumstances mentioned in paragraph 1 and through any of the
means enumerated under paragraph 2 of Article 266-A. The gravamen of
rape through sexual assault is "the insertion of the penis into another
person's mouth or anal orifice, or any instrument or object, into another
person's genital or anal orifice." It is also called "instrument or object
rape" or "gender-free rape."
- Statutory rape. The gravamen of the offense of rape is sexual congress
with a woman by force and without consent. If the woman is under 12
years of age, proof of force is not an element, as the absence of a free
consent is conclusively presumed as the law supposes that a woman
below this age does not possess discernment and is incapable of giving
intelligent consent to the sexual act. Conviction will therefore lie,
regardless of proof of force or intimidation provided sexual intercourse is
proven. Force, threat, or intimidation are not elements of statutory rape,
therefore proof thereof is unnecessary. But if the woman is 12 years of
age or over at the time she was violated, sexual intercourse must be
proven and also that it was done through force, violence, intimidation or
threat.
- Paragraph 1, Article 266-A of the RPC provides for the modes when rape
is committed: (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; or (d) when
the offended party is under twelve (12) years of age or is demented.
Where the victim is below twelve (12) years old, a case of statutory rape,
the only subject of inquiry is whether carnal knowledge took place. Proof
of force, threat, or intimidation is unnecessary.
- A medico-legal report is not indispensable in rape cases as it is merely
corroborative in nature. Thus, even without it, an accused may still be
convicted on the sole basis of the testimony of the victim. As such, the
credibility of the witness should be assessed independently regardless of
the presence or absence of a medico-legal report. Trial courts are
expected to scrutinize the victim's testimony with great caution, with or
without a medico-legal report to corroborate the same
- A conviction for rape may be sustained based on the medical-legal report
and testimonial evidence of the victim and the medico-legal officer.
- Moral ascendancy or influence held to substitute for the element of
physical force or intimidation
- Qualified Rape. The elements of Qualified Rape are as follows: (1)
sexual congress; (2) with a woman; (3) done by force, threat, or
intimidation and without consent; (4) the victim is under 18 years of age at
the time of rape; and (5) the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree
of the victim, or the common-law spouse of the parent of the victim. The
actual force, threat, or intimidation that is an element of rape under Article
266-A, paragraph (1)(a) is no longer required to be present because the
moral and physical dominion of the father is sufficient to cow the victim
into submission to his beastly desires.
- An accused charged in the Information with rape by sexual
intercourse cannot be found guilty of rape by sexual assault, even
though the latter crime was proven during trial. This is due to the
substantial distinctions between these two modes of rape. The elements
of rape through sexual intercourse are: (1) that the offender is a man; (2)
that the offender had carnal knowledge of a woman; and (3) that such act
is accomplished by using force or intimidation. Rape by sexual
intercourse is a crime committed by a man against a woman, and the
 central element is carnal knowledge. On the other hand, the elements of
rape by sexual assault are: (1) that the offender commits an act of sexual
assault; (2) that the act of sexual assault is committed 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; and
that the act of sexual assault is accomplished by using force or
intimidation, among others. In the first mode (rape by sexual intercourse):
(1) the offender is always a man; (2) the offended party is always a
woman; (3) rape is committed through penile penetration of the vagina;
and (4) the penalty is reclusion perpertua. In the second mode (rape by
sexual assault): (1) the offender may be a man or a woman; (2) the
offended party may be a man or a woman; (3) rape is committed by
inserting the penis into another person's mouth or anal orifice, or any
instrument or object into the genital or anal orifice of another person; and
(4) the penalty is prision mayor.
- Where homicide is committed by reason or on the occasion of the rape,
there is rape with homicide even if the deceased is not the victim of the
rape.
Art 266-C & D EFFECT OF PARDON and PRESUMPTIONS
- The subsequent valid marriage between the offender and 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 or the penalty.
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
2. Where the offended party is so situated as to render him/her incapable of
giving consent
Art. 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION
ELEMENTS
- The offender is a private individual;
- He kidnaps or detains another, or in any other manner deprives the latter
of his liberty; (c) The act of detention or kidnapping must be illegal;
- In the commission of the offense any of the following circumstances are
present:
1. If the kidnapping or detention shall have lasted for more than 3 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 shall have been made;
4. If the person kidnapped or detained shall be a minor, female, or a public
officer.
OTHER DISCUSSIONS
- Kidnapping and serious illegal detention defined. Any private
individual who shall kidnap or detain another, or in any other matter
deprive him of his liberty is liable for kidnapping and serious illegal
detention when (a) If the kidnapping or detention shall have lasted for
more than 3 days; (b) If it shall have been committed simulating public
authority; (c) If any serious physical injuries shall have been inflicted upon
the person kidnapped or detained, or if threats to kill shall have been
made; (d) If the person kidnapped or detained shall be a minor, female, or
a public officer; or (e) If it was committed for the purpose of extorting
ransom from the victim or any other person, even if none of the
circumstances above mentioned were present in the commission of the
offense.
- Deprivation of liberty is qualified to serious illegal detention if at least one
of the following circumstances exists: (a) detention lasts for more than
three (3) days; (b) accused simulated public authority; (c) victim suffers
serious physical injuries or is threatened to be killed; or (d) the victim is a
minor, female or public officer
- For the crime of kidnapping with rape, the offender should not have taken
the victim with lewd designs, otherwise, it would be complex crime of
forcible abduction with rape
- The elements of kidnapping for ransom under Article 267 of the RPC, as
amended, are as follows: (a) intent on the part of the accused to deprive
the victim of his/her liberty; (b) actual deprivation of the victim of his/her
liberty; and (c) motive of the accused, which is extorting ransom for the
release of the victim. In the special complex crime of Kidnapping for
Ransom with Homicide, the person kidnapped is killed in the course
of the detention, regardless of whether the killing was purposely
sought or was merely an afterthought.
Art 268. SLIGHT ILLEGAL DETENTION
The provision punishes kidnapping without the attendance of any of the
circumstances constituting serious illegal detention.
ELEMENTS
1. The offender is a private individual;
 2. He kidnaps or detains another, or in any other manner deprives him of his 1. That the offender retains a minor in his service
liberty; 2. That it is the will of the minor
3. The act of kidnapping or detention is illegal; and 3. That it is under the pretext of reimbursing himself of a debt incurred by an
4. The crime is committed without the attendance of any of the ascendant, guardian or person entrusted with the custody of such minor.
circumstances enumerated in Art. 267.
Art. 274 SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF
Art. 269 UNLAWFUL ARREST DEBT

The provision punishes any person who shall arrest or detain another, without ELEMENTS
lawful or reasonable ground, for the purpose of delivering him to the 1. That the offender compels a debtor to work for him, either as household
proper authorities. servant or farm laborer
2. It is against the debtor’s will
ELEMENTS 3. That the purpose is to require or enforce the payment of the debt
1. The offender arrests or detains another person;
2. The purpose of the offender is to deliver him to the property authorities; Art. 275 ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT
and OF ONE’S OWN VICTIM
3. The arrest or detention is not authorized by law or there is no reasonable
ground therefore. - The provision defines a felony by omission, that is, abandonment of
- (a) person in an uninhabited place wounded and in danger of dying;
Art. 270 KIDNAPPING AND FAILURE TO RETURN A MINOR - (b) one’s own victim accidentally wounded or injured; and
- (c) a child under seven years of age.
ELEMENTS
- That the offender is entrusted with the custody of a minor person (whether The elements of failing to render assistance are the following:
over or under seven years but less than 18 years of age) 1. The place is not inhabited;
- That he deliberately fails to restore the said minor to his parents or 2. The accused found there a person wounded or in danger of dying;
guardians 3. The accused can render assistance without detriment to himself; and
4. The accused fails to render assistance.
Art. 271 INDUCING A MINOR TO ABANDON HIS HOME
The provision punishes the following acts:
ELEMENTS 1. By failing to render assistance to anyone whom the offender finds in an
1. That the minor is living in the home of his parents or guardian or the uninhabited place wounded or in danger of dying when he can render
person entrusted with his custody such assistance without detriment to himself unless such omission shall
2. That the offender induces said minor to abandon such home constitute a more serious offense;
2. By failing to help or render assistance to another whom the offender
Art. 272 SLAVERY accidentally wounded or injured;
3. By failing to deliver a child, under seven years of age whom the offender
ELEMENTS has found abandoned, to the authorities or to his family, or by failing to
1. That the offender purchases, sells, kidnaps, or detains a human being take him to a safe place.
2. That the purpose of the offender is to enslave such human being
Art. 276 ABANDONING A MINOR
Art. 273 EXPLOITATION OF CHILD LABOR
ELEMENTS
ELEMENTS - Offender has the custody of the child
 - Child is under 7 years of age 3. There is a demand for money or that any other condition is imposed, even
- That he abandons such child though not unlawful; and
- That he has no intent to kill the child when the latter is abandoned 4. The offender attains his purpose.

Art. 280 QUALIFIED TRESPASS TO DWELLING
ELEMENTS
- The offender is a private person;
- He entered the dwelling of another;
- Against the latter’s will.
OTHER DISCUSSIONS
- The two forms of qualified trespass to dwelling are: (a) entering another’s
dwelling against the latter’s will; and (b) entering another’s dwelling with
violence or intimidation.
- That a n entry is against the will of the occupant it is not necessary that
the entry should be preceded by an express prohibition, provided the
opposition of the occupant is clearly established by the circumstances
under which the entry was made; but we hold that the facts or
circumstances from which in a given case the opposition of the occupant
may be inferred must have been in existence prior to or at the time of the
entry, and in no event could facts arising after an entry has been secured
with the express or tacit assent of the occupant change the character of
the entry from one with the assent of the occupant to one contrary
thereto.
- Article 280 requires that the entry be against the owner’s will. The
prohibition to enter may be presumed. It may be argued that one who
enters the dwelling house of another is not liable unless he has been
forbidden — i. e., the phrase "against the will of the owner" means that
there must have been an express prohibition to enter. In other words, if
one enters the dwelling house of another without the knowledge of the
owner he has not entered against his will.
- There is no trespass when the entrance is effected (a) to prevent serious
harm to himself, the occupants or third persons; (b) to render some
service to humanity or justice; and (c) to an open public house
Art 282 GRAVE THREATS
ELEMENTS
1. The offender threatens another person with the infliction upon the latter’s
person, honor or property, or upon the latter’s family, of any wrong;
2. Such wrong amounts to a crime;
THE FOLLOWING ARE ACTS PUNISHABLE
1. By threatening another with the infliction upon his person, honor or
property or that of his family any wrong amounting to a crime and
demanding money or imposing any other condition, even though not
unlawful, and the offender attained his purpose;
2. By making such treat without the offender attaining the purpose;
3. By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime, the threat
not being subject to condition.
Art. 283 LIGHT THREATS
ELEMENTS
1. The offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition is imposed, even
though not unlawful; and
4. The offender has attained his purpose or that he has not attained his
purpose.
Art. 285 OTHER LIGHT THREATS
ACTS PUNISHABLE
1. By threatening another with a weapon, or by drawing such weapon in a
quarrel, unless it be in lawful self-defense;
2. By orally threatening another, in the heat of anger, with some harm not
constituting a crime, without persisting with the idea involved in the threat;
3. By orally threatening to do another any harm not constituting a felony.
Art. 286 GRAVE COERCION
ELEMENTS
1. A person prevented another from doing something not prohibited by law,
or that he be compelled to do something against his will, be it right or
wrong;
2. The prevention or compulsion be affected by violence, either by material
force or such a display of force as would produce intimidation and control
the will of the offended party; and
 3. The person that restrained the will and liberty of another had not the
authority of law or the right to do so, or in other words, that the restraint
shall not be made under the authority of law or in the exercise of any
right.

Art. 287 LIGHT COERCIONS

ELEMENTS OF PAR 1
a. The offender must be a creditor;
b. He seizes anything belonging to the debtor;
c. The seizure of the thing be accompanied by means of violence or a
display of material force producing intimidation; and
d. The purpose of the offender is to apply the same to the payment of debt.

ELEMENTS OF PAR 2 OTHER LIGHT COERCION OR UNJUST VEXATION

- Unjust vexation includes any human conduct which, although not
productive of some physical or material harm would, however, unjustly
annoy or vex innocent person