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CRIMES AGAINST

PERSONS
TOPICS TO BE REPORTED
1. Parricide (Art.246)
2. Death or Physical Injuries Inflicted
Under Exceptional Circumstances
(Art.247)
3. Murder (Art.248)
4. Homicide (Art.249)
5. Death Caused in a Tumultous Affray
(Art.251)
6. Physical Injuries Inflicted in a
Tumultous Affray (Art.252)
7. Giving Assistance to Suicide (Art.253)
8. Discharge of Firearms (Art.254)
PARRICIDE
(ARTICLE
246)
WHAT IS
PARRICIDE?
Parricide

Any person who shall kill his


father, mother, or child, whether
legitimate of illegitimate, or any
of his ascendants, or descendants,
or his spouse, shall be guilty of
parricide
ELEMENTS:
1. A person is killed;
2. The deceased is killed by the
accused;
3. 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.
DEATH OR
PHYSICAL
INJURIES
INFLICTED
UNDER
EXCEPTIONAL
WHAT IS DEATH OR
PHYSICAL INJURIES
UNDER
EXCEPTIONAL
CIRCUMSTANCES?
-It is Any legally married
person who having surprised
his spouse in the act of
committing sexual intercourse
with another person, shall kill
any of them or both of them in
the act or immediately
thereafter, or shall inflict upon
them any serious physical
injury, shall suffer the penalty
ELEMENTS:
1. 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;
2. 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;
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that
Article 87.
Destierro
- Any person sentenced to destierro
shall not be permitted to enter the
place or places designated in the
sentence, nor within the radius
therein specified, which shall be not
more than 250 and not less than 25
kilometers from the place
designated.
Who are Entitled to
the Beneficial
Provision of Art. 247?
1. A legally married person who surprises
his/her spouse in the act of committing
sexual
intercourse with another person and kills
both or any of them in the act or
immediately
2. Parents with respect to their
thereafter
daughters under eighteen years of age,
and their seducers,
while the daughters are living with their
parents
TWO STAGES
TO COMMIT
ARTICLE 247
1. The innocent spouse surprised the
other spouse with a paramour or
mistress in flagrante
delicto. They must be in the act of sexual
intercourse.
2. The innocent spouse kills or inflicts
injury upon the other spouse and
paramour or
mistress while in the act of sexual
intercourse or immediately after
surprising them
MURDER
(ARTICLE
248)
WHAT IS
MURDER?
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,
and attended by any
qualifying aggravating
ELEMENT
1.S:
A person was killed;
2. The accused killed him;
3. The killing was attended by any of
the qualifying circumstances
mentioned in Article 248;
4. The killing is not parricide or
infanticide.
What are the Qualifying
aggravating
circumstances?
1. Treachery;
2. Taking advantage of superior strength;
3. With the aid of armed men;
4. Employing means to weaken the defense;
5. Employment of persons to insure or afford
impunity;
6. In consideration of a price, reward or promise;
7. By means of inundation;
8. By means of fire;
9. By means of poison;
10. By means of explosion; (This is repealed by RA
8244 as amended by RA 10591, the law
on illegal possession of firearms. Killing by the use of
explosives is now homicide.)
11. By shipwreck;
12. By stranding of a vessel;
13. By derailment or assault upon a railroad;
14. By means of fall of an airship;
15. By means of motor vehicles;
16. With the use of any other means involving great
waste and ruin;
17. On occasion of any of the calamities enumerated in
the preceding paragraph, or of an
earthquake, eruption of a volcano destructive cyclone,
epidemic, or any other public
calamity;
18. With evident premeditation;
19. With cruelty by deliberately and inhumanly
augmenting the suffering of the victim;
20. Outraging or scoffing at the person or corpse.
HOMICID
E
(ARTICLE
WHAT IS
HOMICIDE?
HOMICIDE
-Homicide is the unlawful killing
of a person not constituting
murder, parricide or
infanticide. It is plain and simple
killing. It is not attended by any
qualifying aggravating
circumstance under Article 248
of the Revised Penal Code.
ELEMENTS:
1. A person was killed;
2. The offender killed him
without any justifying
circumstances;
3. The offender had the intention
to kill;
4. The killing was not attended
by any of the qualifying
circumstances of murder, or by
DEATH
CAUSED IN A
TUMULTOUS
AFFRAY
(ARTICLE 251)
WHAT IS DEATH
CAUSED IN A
TUMULTOUS
AFFRAY?
DEATH CAUSED IN A
TUMULTOUS AFFRAY
-while several persons, not composing
groups organized for the common
purpose of assaulting and attacking
each other reciprocally, quarrel and
assault each other in a confused and
tumultuous manner, and in the
course of the affray someone is killed,
and it cannot be ascertained who
actually killed the deceased, but the
person or persons who inflicted
serious physical injuries can be
identified
WHAT IS
TUMULTOUS
AFFRAY?
Tumultuous affray means
confused and confusing fight
between several persons not
composing groups in the
course of which a person is
killed or wounded and the
person
responsible cannot be
ascertained.
ELEMENTS:
1. There are several persons; (at least four
persons, Art. 153)
2. They do not compose groups organized for
the common purpose of assaulting and
attacking each other reciprocally;
3. These several persons quarrelled and
assaulted one another in confused and
tumultuous
manner;
4. Someone was killed in the course of the
affray;
5. It cannot be ascertained who actually killed
the deceased;
PHYSICAL
INJURIES
INFLICTED IN A
TUMULTOUS
AFFRAY (ARTICLE
WHAT IS PHYSICAL
INJURIES
INFLICTED IN A
TUMULTOUS
AFFRAY?
PHYSICAL INJURIES INFLICTED IN A
-TUMULTOUS
When in aAFFRAY
tumultuous affray as
referred to in the preceding article,
only serious physical injuries are
inflicted upon the participants
thereof and the person responsible
thereof cannot be identified, all
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
ELEMENTS:
1. There is a tumultuous affray;
2. A participant suffered serious
physical injuries or physical
injuries of a less serious nature
only;
3. The person responsible thereof
cannot be identified;
4. Ail those who appear to have
used violence upon the person of
the offended party are
GIVING
ASSISTANCE TO
SUICIDE
(ARTICLE 253)
WHAT IS GIVING
ASSISTANCE TO
SUICIDE?
GIVING ASSISTANCE
TO SUICIDE
-is committed by giving material,
intellectual, and psychological
assistance to a person who wants to
commit suicide. If another person
does the killing himself
out of pity the crime is still Giving
assistance to suicide but the penalty
to be imposed is
reclusion temporal, the penalty for
homicide.
ACTS
PUNISHABLE:
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.
DISCHARGE
OF FIREARMS
(ARTICLE 254)
WHAT IS
DISCHARGE OF
FIREARMS?
DISCHARGE OF
FIREARMS
-Firing of a gun is
Illegal discharge of
firearm if a person
fires his gun at
another
without intent to
ELEMENT
S:
1. The offender discharges a
firearm against or at another
person;
2. The offender had no
intention to kill that person.
THANK
YOU!

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