CRIMES AGAINST

PERSON
SUBMITTED BY:
TAPAY, VINCE IAN P.
DELOS SANTOS, JERICK
GALOPE, ADRIAN
LLAMAS, JERIME
SAGA, RUBEN
 I.INTRODUCTION
Crime against a person if there is an element of force
or abuse of another person. The offender may actually use
force, or the threat of force may be present. A person
does not necessarily need to suffer bodily harm. Bodily
harm may not occur at all; it may be mild; or it may be
very serious. A crime is classified as a crime against a
person if the offense infringes upon or has the potential to
infringe upon the physical autonomy of another person.
Crimes against a person and sentencing

From the perspective of a criminal defense attorney, there are a few reasons
that categorization of crime is important. When a crime is classified as a crime
against a person, the defendant should understand that courts tend to take these
types of crime seriously. The sentencing hearing is very important.

Its critical to prepare for the sentencing hearing in every way possible. That
may mean statements from character witnesses. It may mean beginning treatment
or substance abuse testing in advance of the hearing date. The victim may
participate in sentencing, and it’s important to remember that the court is watching
how you react to any statements that they make. Your criminal defense attorney can
help you prepare for a sentencing for a crime that involves a person.
Victim rights and crimes against a person
The next thing to remember about crimes
against a person is that a victim has the right to
participate in the proceedings. Crime victims
have the right to notice about court
proceedings. If they suffer financial loss because
of the offense, they have a right to
reimbursement or restitution.
major classification of the following.
What are the Crimes of Against Person?

7.Intentional
abortion. (Art. 25)

1.Parricide (Art. 246)

2.Murder (Art.248)
3.Homicide (ART.249)

4.Death caused in a tumultuous affray. (Art.

251)
5.Physical injuries inflicted in a tumultuous
affray. (Art. 252)
6. Infanticide. (Art. 255)
PARRICIDE

ART. 246. 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. 1 (As
amended by RA. No. 7659)
ELEMENTS:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other
ascendant or other descendant, or the legitimate spouse of the
accused.
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
The relationship must be in the direct line and not in the collateral line.
The relationship between the offender and the offended party must be legitimate, except
when the offender and the
offended party are related as parent and child.
Except between husband and wife, the offender must be related to the offended party by
blood.
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the father,
mother or
child may be legitimate or illegitimate.
If the offender and the offended party, although related by blood and in the
direct line, are separated by an
intervening illegitimate relationship, parricide can no longer be committed.
The illegitimate relationship between the
child and the parent renders all relatives after the child in the direct line to
be illegitimate too.
The only illegitimate relationship that can bring about parricide is that
between parents and illegitimate children as
the offender and the offended parties.
Illustration:
A is the parent of B, the illegitimate daughter. B married C and they begot a legitimate child
D. If D, daughter of B
and C, would kill A, the grandmother, the crime cannot be parricide anymore because of
the intervening illegitimacy.
The relationship between A and D is no longer legitimate. Hence, the crime committed is
homicide or murder.
A, an illegitimate son of B, who killed the legitimate father of the latter, is not guilty of
Parricide because in case of
other ascendants (grandparents, great grandparents, etc.), the relationship with the killer
must be legitimate. The
same is true with other descendants – that is, grandchildren, great grandchildren, etc.
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
That the mother killed her child in order to conceal her dishonor is not mitigating. This is immaterial to the crime of
parricide, unlike in the case of infanticide. If the child is less than three days old when killed, the crime is infanticide
and intent to conceal her dishonor is considered mitigating.
5. Relationship must be alleged
In killing a spouse, there must be a valid subsisting marriage at the time of the killing. Also, the information should
allege the fact of such valid marriage between the accused and the victim.
In a ruling by the Supreme Court, it was held that if the information did not allege that the accused was legally
married to the victim, he could not be convicted of parricide even if the marriage was established during the trial. In
such cases, relationship shall be appreciated as generic aggravating circumstance.
The Supreme Court has also ruled that Muslim husbands with several wives can be convicted of parricide only in
case
the first wife is killed. There is no parricide if the other wives are killed although their marriage is recognized as
valid. This is so because a Catholic man can commit the crime only once. If a Muslim husband could commit this
crime more than once, in effect, he is being punished for the marriage which the law itself authorized him to
contract.
6. A stranger who cooperates in committing parricide is liable for murder or homicide
Since parricide is a crime of relationship, if a stranger conspired in the commission of the crime, he cannot be held
liable for parricide. His participation would make him liable for murder or for homicide, as the case may be. The rule
of conspiracy that the act of one is the act of all does not apply here because of the personal relationship of the
offender to the offended party.
Illustration:
A spouse of B conspires with C to kill B. C is the stranger in the relationship. C killed B with treachery. The means
employed is made known to A and A agreed that the killing will be done by poisoning.
As far as A is concerned, the crime is based on his relationship with B. It is therefore parricide. The treachery that
was
employed in killing Bong will only be generic aggravating circumstance in the crime of parricide because this is not
one
crime that requires a qualifying circumstance.
But that same treachery, insofar as C is concerned, as a stranger who cooperated in the killing, makes the crime
murder; treachery becomes a qualifying circumstance.
7. Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship
Article 365 expressly provides that parricide can be committed through reckless imprudence. The penalty will not be
under Article 246 but under Article 365.
Similarly, parricide can be committed by mistake. This is demonstrated in a situation where a person wanting to kill a
stranger, kills his own father by mistake. Although the crime committed is parricide, the offender will not be
punished
under Article 246 but under Article 49, which prescribes a penalty much lower than that provided under Article 246.
Parricide by
mistake. If a person wanted to kill a
stranger but by mistake killed his
own father, will it be parricide?
Yes, but Art. 49 applies as regards
the proper penalty to be imposed.
If a person killed another, not
knowing that the latter was his
son, will he be guilty of parricide?
Yes, because the law does not
require knowledge of relationship
between them.
Indemnity in parricide cases.
A husband who killed his wife was ordered to indemnify his wife's
heirs P50,000.00. (People vs. Dela Cruz, 276 SCRA 352)
But in a case where the natural father killed his child, no indemnity
was imposed, "considering that the accused, as the father, is the
presumptive
heir of the deceased." (People vs. Berang, 69 Phil. 83)

Liability of stranger cooperating in parricide.

A stranger who cooperates and takes part in the commission of the
crime of parricide, is not guilty of parricide but only homicide or murder, as
the case may be. (People vs. Patricio, 46 Phil. 875; People vs. Echaluce, 66
SCRA 2221)
MURDER
Art. 248. Murder
Any person who shall kill another, shall
be guilty of murder and shall be punished by
reclusion perpetua to death 3 if committed
with any of the following attendant
circumstances.
Murder is the unlawful killing of any person
which is not parricide or infanticide, provided
that any of the following circumstances is
present
ELEMENTS :
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the
following qualifying circumstances
a. with treachery, taking advantage of superior strength, with the aid or armed men, or
employing
means to weaken the defense or of means or persons to insure or afford impunity
b. in consideration of price, reward or promise
c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or
assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with
the use
of any other means involving great waste or ruin
d. 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
e. with evident premeditation
f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or
outraging
or scoffing at his person or corpse
4. The killing is not parricide or infanticide.
Notes:
While the circumstance of “by a band” is not among those enumerated that could qualify
killing to murder, it would
seem that if the killers constituted a band, the crime is murder because the circumstance of
“with the aid of armed
men” is included in the qualifying circumstances.
1. The victim must be killed in order to consummate the offense. Otherwise, it would be
attempted
or frustrated murder
Killing a person with treachery is murder even if there is no intent to kill. (People vs. Cagoco,
58 Phil. 530)
2. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will
only
be considered as generic aggravating circumstances
When the other circumstances are absorbed or included in one qualifying circumstance, they
cannot be treated or
separated as generic aggravating circumstances. (People vs. Remalante, 92 Phil. 48)
3. Treachery and premeditation are inherent in murder with the use of poison.
The following are holdings of the Supreme Court with respect to the crime of murder:
(1) Killing of a child of tender age is murder qualified by treachery because the weakness of
the child due to his
tender age results in the absence of any danger to the aggressor.
(2) Evident premeditation is absorbed in price, reward or promise, if without the premeditation
the inductor
would not have induced the other to commit the act but not as regards the one induced.
(3 Abuse of superior strength is inherent in and comprehended by the circumstance of
treachery or forms part
of treachery.
(4) Treachery is inherent in poison.
(5) Where one of the accused, who were charged with murder, was the wife of the deceased
but here
relationship to the deceased was not alleged in the information, she also should be convicted
of murder but
the relationship should be appreciated as aggravating.
(6) Killing of the victims hit by hand grenade thrown at them is murder qualified by explosion
not by treachery.
(7) Where the accused housemaid gagged a three year old boy, son of her master,
with stockings, placed him in
a box with head down and legs upward and covered the box with some sacks and
other boxes, and the child
instantly died because of suffocation, and then the accused demanded ransom from
the parents, such did not
convert the offense into kidnapping with murder. The accused was well aware that
the child could be
suffocated to death in a few minutes after she left. Ransom was only a part of the
diabolical scheme to
murder the child, to conceal his body and then demand money before discovery of
the body.
HOMICIDE
Any person who , not falling
within t h e provision s o f 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.*
Homicide, defined.
Homicide is the unlawful killing
of any person, which is neither
parricide, murder, nor
infanticide.
ELEMENTS:
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide
or infanticide.
Notes:
Homicide is the unlawful killing of a person not constituting murder, parricide or
infanticide.
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of
intent to kill is
required only in attempted or frustrated homicide
2. In all crimes against persons in which the death of the victim is an element, there
must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim
Distinction between homicide and physical injuries:
In attempted or frustrated homicide, there is intent to kill.
In physical injuries, there is none. However, if as a result of the physical injuries inflicted, the victim died,
the crime
will be homicide because the law punishes the result, and not the intent of the act.
The following are holdings of the Supreme Court with respect to the crime of homicide:
(1) Physical injuries are included as one of the essential elements of frustrated homicide.
(2) If the deceased received two wounds from two persons acting independently of each other and the
wound
inflicted by either could have caused death, both of them are liable for the death of the victim and each of
them is guilty of homicide.
(3) If the injuries were mortal but were only due to negligence, the crime committed will be serious
physical
injuries through reckless imprudence as the element of intent to kill in frustrated homicide is incompatible
with negligence or imprudence.
(4) Where the intent to kill is not manifest, the crime committed has been generally considered as physical
injuries and not attempted or frustrated murder or homicide.
(5) When several assailants not acting in conspiracy inflicted wounds on a victim but it cannot be
determined
who inflicted which would which caused the death of the victim, all are liable for the victim’s death.
DEATH CAUSED IN A TUMULTOUS AFFRAY

When, 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, an d it cannot be ascertained who
actually killed the deceased, but the person or
persons who inflicted serious physical injurie s ca n b
e identified, such person or person s shall be
punished by prisionmayor.
ELEMENTS:
1. That there be several persons.
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally.
3. That these several persons quarreled and assaulted one
another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the
deceased.
6. That the person or persons who inflicted serious physical
injuries or who used violence can be identified
Notes:
1. Tumultuous affray exists when at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted each other, there is no
tumultuous affray
3. Persons liable are:
a. person/s who inflicted serious physical injuries
b. if it is not known who inflicted serious physical injuries on the deceased, all persons who
used
violence upon the person of the victim
If those who actually killed the victim can be determined, they will be the ones to be held
liable, and those who
inflicted serious or less serious or slight physical injuries shall be punished for said
corresponding offenses provided no
conspiracy is established with the killers.
Tumultuous affray simply means a commotion in a tumultuous and confused manner, to such
an extent that it would
not be possible to identify who the killer is if death results, or who inflicted the serious
physical injury, but
the person or persons who used violence are known.
To be considered death in a tumultuous affray, there
must be:
(1) a quarrel, a free-for-all, which should not involve
organized group; and
(2) someone who is injured or killed because of the
fight.

The person killed in the affray need not be one of the

participants.
 Article 252
PHYSICAL INJURIES INFLICTED IN A TUMULTOUS
AFFRAY
ELEMENTS:
1. that there is a tumultuous affray as referred to in the
preceding article.
2. That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only.
3. that the person responsible therefor cannot be
identified.
4. That all those who appear to have used violence upon
the person of the offended party are known.
INFANTICIDE Art.255: Infanticide
Infanticide may be denned as the killing of any
child less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, or
a stranger.
The penalty provided for parricide in Article
246 and for murder in Article 248 shall be imposed upon
any person who shall kill any childless than three days of
age.
If the crime penalized in this article be committed by the
mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prision mayor 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
reclusion temporal. (As amended by RA. No. 7659)
ELEMENTS:
1. That a child was killed.
2. That the deceased child was less than
three days (72 hours) of age.
3. That the accused killed the said child.
INTENTIONAL ABORTION
ELEMENTS:
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,
the
fetus dies, either in the womb or after having been
expelled therefrom.
4. That the abortion is intended.
 INTENTIONAL ABORTION

Any person who shall intentionally

cause an abortion shall suffer.

1.The penaly of reclusion temporal, if he 3.The penalty of prision correccional

shall use any violence upon the person of in its medium and maximum periods,
the pregnant woman. if the woman shall have consented.

2.The penalty of prision mayor, if, without

using violence, he shall act without the
consent of the woman.
WAYS OF COMMITING
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.
Article 257
UNINTENTIONAL ABORTION
ELEMENTS:
1. That there is a pregnant woman.
2. That 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 that fetus dies,
either in the womb or after having been expelled
therefrom.
 III. FINDINGS

We found that there are so many crimes under the crimes against person.
 I. PURPOSE
CONDUCT OF
CRIME SCENE Crime Scene Investigation (CSI) is one of the most
INVESTIGATION critical stages of any criminal investigation. The
initial actions taken at the crime scene by the First
Responders, Investigators and SOCO Team members
at the outset of the investigation are of such vital
importance that oftentimes their actions would
determine the outcome of the investigation.
However, while CSI is the most important stage of
the investigation in terms of collecting vital forensic
evidence and information, this initial stage is also
often the most chaotic and therefore prone to
errors.
Case Reviews of major cases conducted by the DIDM through the EPJUST Program
have revealed that one of the major sources of confusion at the crime scene is the
unclear delineation of functions of the First Responder (FR), Investigator-on-Case
(IOC) and the Scene of the Crime Operation (SOCO) Team of the PNP Crime
Laboratory. While the PNP mandated the PNP Crime Laboratory to conduct SOCO
as early as 1996, this relatively new doctrine of utilizing the SOCO team in the
collection of forensic evidence at the crime scene necessitates the issuance of a
protocol if only to lay down the functions, responsibilities and accountabilities of
each member of the CSI team.
It is imperative to remember, however, that the IOC has the primary responsibility
over the crime scene and takes control and supervision in the overall crime scene
investigation. A systematic and organized procedure on crime scene investigation is
therefore the key to ensuring that all potential physical evidence are properly
preserved and collected, all possible witnesses are identified and documented, and
all the necessary basic procedures are undertaken properly.
For the purpose of this SOP, Crime Scene Investigation (CSI) shall refer to all the
investigative procedures undertaken at the crime scene commencing from the
arrival of the PNP First Responders (FRs) to the arrival of the Duty Investigator/IOC
and the SOCO Team until the lifting of the security cordon and release of the crime
scene. The following are the intents and purposes of this SOP:
a. To define and delineate the functions and responsibilities of the FRs.
the IOC, and the SOCO Team in the conduct of crime scene investigation;
b. To establish and harmonize the sequence of activities that shall be
conducted at the crime scene and identify the accountabilities of each
responsible PNP personnel/team;
c. To set the standard forms that shall be required to be accomplished by
the FR, the SOCO Team and the IOC, which shall henceforth become an
integral part of the case folder;
d. To minimize the most common mistakes committed by the
investigators and ensure that potential physical evidence is not
contaminated or destroyed and potential witnesses are not overlooked;
e. To ensure that lives are saved and that the security and safety of the
PNP CSI personnel (FR/IOC/SOCO) are enhanced;
f. To ensure that the CSI procedures are conducted properly, efficiently
and effectively to ensure the admissibility of collected evidence in court;
and
g. To address and mitigate the investigation procedural weaknesses
identified during the conduct of case reviews.
II. Scope of Application
This SOP applies to all crime scene investigation
undertaken by the PNP and provides the procedures to be
observed by the FRs, IOC, and SOCO Teams as well as the reports
formats that they shall be required to prepare. This procedure
shall likewise be observed by the Special Investigation Task
Groups (SITG).
III. Policies and Guidelines
General Policy: Crime Scene Investigation (CSI) shall refer
to the post-incident police operational procedures undertaken at
the crime scene. It presupposes that the crime has been
consummated and therefore investigation is to be commenced
with the securing and processing of the place of occurrence. The
CSI start with the arrival of the PNP First Responders (FRs) to the
arrival of the Duty Investigator/IOC and the SOCO Team until the
lifting of the security cordon and release of the crime scene.
 Specific functions, Responsibilities and Procedures
The following are the functions and responsibilities of the different players
during the crime scene investigation as well as procedures to be observed;

1
First Responder:
The first Police Officers to arrive at the crime
scene are the FRs who
were dispatched by the local police station/unit concerned
after receipt of
incident/flash/alarm report.
2
Investigator-on-Case (IOC)
/Duty Investigator
Upon arrival at the crime
scene, the IOC shall request
for a briefing from
the FR and make a quick
assessment of the crime.
3
SOCO Team
The SOCO Team shall not join any operations
conducted by the local
police or accompany the FRs or the IOC in going
to the crime scene. They will only
respond upon request through the Operations
Center and after the IOC has already
made proper assessment of the crime scene.
4
Release of the Crime Scene
The IOC shall decide on the lifting of the security
cordon and the
release of the crime scene upon consultation
with the SOCO Team Leader and he shall
be responsible in ensuring that all pieces of
potential evidence were collected by the
SOCO Team as any re-entry into the crime
scene after its release to the owner will
require a Search Warrant issued by the Court
IV.STANDARD CSI FORMS:
a. CSI Form “1” – (First Responder’s Report Form) To be accomplished by the FR detailing among other
things, his rank, name, initial information gathered and anything that was moved in the crime scene
prior to the arrival of the investigator. Further, Form 1 should be signed by a witness. Form 1 should
always be included as part of the FR’s kit. (See Annex B)
b. CSI Form “2”– (Request for the Conduct of SOCO) To be accomplished by the IOC and submitted to
the SOCO Team Leader at the crime scene. (See Annex C)
c. CSI Form “3” – (Turn- over of Collected Evidence from IOC to SOCO Team) To be accomplished by the
IOC certifying that the items/physical evidence found, collected and initially marked and inventoried by
the investigator at the crime scene were properly turned-over to SOCO Team Evidence Custodian. (See
Annex D)
d. CSI Form “4” – (SOCO Report Forms 1-4) The initial findings of the SOCO Team shall be
contained in the SOCO Report Forms 1 to 4 which shall be accomplished immediately after completion
of the SOCO. A copy of the said reports shall be provided to the IOC within 24-hour after the release of
the crime scene. The IOC may also use those forms in the absence of a SOCO Team. (See Annex E)
e. CSI Form “5” – (Release of Crime Scene Form) This shall be accomplished by the IOC or the COP and
witnessed by the SOCO Team Leader and conformed by the owner of the property or representative of
the local authority. A copy of the crime scene release form shall be provided to the owner. (See Annex F)
f. CSI Form “6” – (IOC/Investigator’s CSI Form) This shall be accomplished by the IOC at the OSCP prior to
the lifting of the security cordon. (See Annex G)
V. PENAL CLAUSE:
Any violation of this SOP shall be dealt with administratively. All Unit Commanders
shall be investigated under the principle of command responsibility. If evidence
further warrants, criminal complaints shall also be filed against those who may
have committed acts or omissions in violation of the Revised Penal Code or any
special law.
VI. REPEALING CLAUSE:
Any issuance, memoranda, rules and regulations issued by the PNP inconsistent
herewith are deemed repealed or amended accordingly.
VII. EFFECTIVITY:
This SOP shall take effect fifteen days (15) days from filing a copy thereof at the
University of the Philippines Law Center in consonance with Sections 3 and 4,
Chapter 2, Book VII of Executive Order No. 292, otherwise known as “The Revised
Administrative Code of 1987
REFERENCE
a. Instruction of the C,PNP;
b. Revised PNP Criminal Investigation Manual 2010;
c. PNP Field Manual on Investigation of Crimes of Violence and other Crimes (2011);
d. CLC-ADO-01 re Scene of the Crime Operation;
e. Primer on Protocol for Explosives Related Incidents Investigation 2010; and
f. European Union-Philippines Justice Support (EPJUST) Program/TF USIG Case Review
Results.
g. Criminal Book 2 REYES BOOK
H. Philippine National Police (PNP) https://didm.pnp.gov.ph › S...PDF SOP on Conduct of
Crime Scene Investigation
I. https://study.com/academy/lesson/crimes-against-persons-definition-
examples.html#:~:text=Crimes%20against%20people%20are%20a,committed%20against
%2C%20or%20the%20victim.
J. https://www.applebaumandassociates.com/blog/what-are-the-crimes-against-a-person/:
THANK YOU!!!!!!!!!!!!!!!!!!!