Infanticide, mutilation, and rape.

Module 11
Infanticide
The penalty providing
for parricide in art
248 shall be imposed
upon any person who
shall kill any child less
than 3 days of age. If the crime penalized in this article be
(Art 255 RPC). committed by the mother of the child for the
purpose of concealing her dishonor, shall
suffer the penalty of prison mayor in its
maximum periods, and if said crime be
committed for the same purpose by the
maternal grandparents or either of them,
the penalty shall be reclusion temporal (As
Amended RA No. 7659)
 Elements of Infanticide

1. That the child was killed

2. This is the killing of any child less than 3 days
(72 hours) of age, whether the killer is the
parent or grandparent, or any other relative of
the child, or a stranger
3. That the accused killed the said child
 Abortion
willful killing of a fetus in the uterus or violent
expulsion of the fetus from the maternal womb which
results to the death of the fetus. It is also the
termination of pregnancy by the removal or expulsion
from the uterus of a fetus or embryo before viability.
 Intentional Abortion

This is the 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.
Any person who shall intentionally cause an
abortion shall suffer: Art 256 RPC
1. The penalty of reclusion temporal, if he shall
use any violence upon the person of the
pregnant woman.
2. The penalty of prison mayor, if without using
violence, he shall act without the consent of the
woman.
3. The penalty of prison correctional in its
medium periods, if the woman shall have
consented.
 Ways of Committing Intentional Abortion

• By using violence upon the person of the

pregnant woman
• By acting, but without using violence, without
the consent of the woman (by administering
drugs/ beverages upon a pregnant without
her consent)
• By acting, with the consent of the pregnant
woman (by administering drugs/beverages)
with consent of the pregnant woman.
 Elements of Intentional Abortion

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman;
3. That as a result of the use of violence or drugs
or beverages upon her, or any other act of the
accused, fetus dies, either in the womb or after
having been expelled therefrom;
4. That the abortion is intended.
Who are the person liable for intentional abortion?

The person who intentionally caused the

abortion is liable under Art. 256. The woman is
liable under Art. 258, if she consented to the
abortion caused on her. If she did not consent to
the abortion caused her, she is not liable.
 Unintentional Abortion
the penalty shall be prison correctional in
its minimum and medium periods shall be
imposed upon any person who shall cause
abortion by violence, but unintentionally. (Art
257 RPC)
 Elements Unintentional Abortion

1. That there is a pregnant woman;

2. That the violence is used upon such pregnant
woman without intending an abortion.
3. That the violence is intentionally exerted;
4. That as a result of the violence the fetus dies,
either in the womb after having been expelled
therefrom.
Unintentional Abortion is committed only by violence

It should be noted that the law employs

the word "violence" that is actual physical force.
Thus, were a man points a gun to pregnant
woman, at the same time telling her that he will
kill her, and because of the fight she absorbs,
she suffers abortion, the offender is guilty of
threats only. (Dec. Supreme Court of Spain of
Nov. 30, 1887)
The Violence must be intentionally exerted

The accused who struck a woman three

months pregnant on her hip with a bottle,
causing hemorrhage and miscarriage was held
guilty of intentional abortion. (U.S. vs. Jeffrey, 15
Phil. 391) Note that the violence consisting in
striking the pregnant woman with a bottle on
the hip was intentionally exerted by accused.
 Physical Injury
Harm done to a child's
psychological or intellectual
functioning which may be
exhibited by severe anxiety,
depression, withdrawal or
outward aggressive behavior, or a
combination of said behaviors
which may be demonstrated by a
change in behavior. emotional
response or cognition;
 What are the crimes of Physical Injuries?

They are;
1. Mutilation (Art 262)
2. Serious Physical Injuries (Art 263)
3. Administering injurious substance or beverages
(Art 264)
4. Less serious physical injuries (Art 265)
5. Slight physical injuries and maltreatment
(Art.266)
 Mutilation
 the penalty of reclusion temporal or
reclusion perpetua, shall be imposed upon any
person who shall intentionally mutilate
another by depriving him, either totally or
partially, of some essential organ for
reproductive. (Art. 262)
 (defined) the term "mutilation" means the
lopping or the clipping off of some part of the
body.
 Two kinds of Mutilation

1. By intentionally mutilating another by depriving

him, totally or partially, of some essential organ for
reproduction.

2. By intentionally making other mutilation, that is by

lopping or 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 his body.
 Elements of mutilation of first kind

1. That there be a castration that is, mutilation

of organs necessary for the generation, such
as the penis or ovarian.
2. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for reproduction.
(Guevarra)
Rape
When and how committed;
Rape is committed (Art
266-A)
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 or
authority
d. When the offended party is under (12) years of age or is
demented, even though none of the circumstances
mentioned above be present.
2. By any person who, under any of the
circumstances mentioned in the paragraph 1
hereof, shall commit an act of sexual assault by
inserting penis into another person's mouth or
anal orifice, or any instrument or object, into
the genital organ or anal orifice of another
person. (R.A. No. 8353, Oc
 Elements of Rape under Paragraph 1
1. That the offender is a man;
2. That the offender had carnal knowledge of woman;
3. That such act is accomplished under any of the following
circumstances
a. Through force, threat or intimidation; or
b. When the woman is deprived of reason or is otherwise
unconscious, or
c. By means of fraudulent machination grave abuse of authority,
or
d. When the offended party is under (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
 Elements of Rape under Paragraph 2
1. That the offender commits an act of sexual assault;
2. That the act of sexual assault is committed by any of the following
means:
a. By inserting his penis into another person's mouth or anal orifice; or
b. By inserting any instrument or object into the genital or anal orifice of
another person;

3. That the act of sexual assault is accomplished under any of the

following circumstances:
a. By using for or intimidation; or
b. When the offended party is deprived of reason or is otherwise
unconscious: or
c. By means of fraudulent machination or grave abuse or authority; or
d. When the offended party is under (12) years of age or is demented,
even though none of the circumstances mentioned above be present.
 Who can commit rape?

Under Republic Act No. 8353, the crime of

rape can now be committed by a male or a
female. Before its amendment, rape could be
only be committed by a male person.
 Penalties
(Art 266-B) Rape under paragraph 1 of the Art 266-A shall be
punished by reclusion perpetua
• a. Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.
• b. When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion perpetua to
death.
• c. When rape is attempted and a homicide is committed by
reason or on the occasion thereof. The penalty shall be reclusion
perpetua to death
• d. When by reason or on the occasion of the rape, homicide is
committed the penalty shall be death
 The death penalty shall be imposed if the crime of rape is
committed with any of the following aggravating/qualifying
circumstances:

1. When the victim is under eighteen (18) years

of age and the offender is parent, ascendant,
step- parent, guardian, relative by consanguinity
or affinity within the third civil degree, or the
common law spouse of the parent of the victim.
2. When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution.
3. When the rape is committed in the full view of the spouse,
parent, any of the children or other relatives within the third
civil degree of consanguinity.
4. When a victim is religious engaged in legitimate religious
vacation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime.
5. When the victim is a child below seven (7) years old.
6. When the offender knows bellows that he is afflicted with
Human Immuno - Deficiency Virus (HIV)/Acquired Immune
Deficiency transmissible decease and the virus of decease is
transmissible to the victim.
7. When committed by any member of the Armed Forces of the
Philippines or Para Military units thereof or the Philippine
National Police or any Law Enforcement Agency of penal
institution, when the offender took advantage of his position to
facilitate the commission of crime.
8. When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability.
9. When the offender knew of the pregnancy of the
offended party at the time of the commission of crime.
10. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.
Rape under paragraph 2 of Art 266-A shall be punished by prison
mayor.

a. Whenever rape is committed with the use of deadly

weapon or by two or more persons, the penalty shall be
prison mayor to reclusion temporal.
b. When rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.
c. When by reason or on occasion of the rape, homicide is
committed, the penalty shall reclusion perpetua.
d. Reclusion temporal shall also be imposed if the rape is
committed by any of the ten aggravating circumstances
mentioned in this article (RA No.8353)
• Effect of Pardon (Art 266-C) the subsequent valid
marriage between the offender and the offended
party shall extinguish criminal action or the penalty
imposed.
• In case the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended
party shall extinguish criminal action or the
penalty: provided, that crime shall not be
extinguish or the penalty shall not be abated if the
marriage be void abinitio (RA No.8353).
Presumptions (Art 266-D) Any physical overt act
manifesting resistance against the act of rape in
any degree from the offended party, or where
the offended party is so situated as to render
her/him incapable of giving valid consent, may
be accepted as evidence in the prosecution of
the acts punished under article Art 266 A (RA
No.8353)