Title Eight: Crimes Against Persons Flashcards
(134 cards)
1
Q
What is Article 246 of the Revised Penal Code?
A
Article 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.
2
Q
What are the elements of parricide?
A
- That a person is killed
- That the deceased is killed by the accused
- 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.
3
Q
What is the essential element of parricide?
A
Relationship of the offender with the victim is the essential element of this crime.
4
Q
Should other ascendants or descendants be legitimate in parricide?
A
Yes. He who kills an illegitimate grandfather or an illegitimate grandson is not guilty of parricide.
5
Q
Can the father, mother, or child in parricide be legitimate or illegitimate?
A
Yes. The law says any person who shall kill his father, mother, or child, whether legitimate or illegitimate shall be guilty of parricide.
6
Q
If the child is less than 3 days old, what does this constitute?
A
Infanticide.
7
Q
What is the best proof of relationship (specifically for marriage) between appellant and the deceased in parricide?
A
Marriage certificate. In the absence thereof, oral evidence of the fact of marriage may be considered.
8
Q
Is annulment of marriage a prejudicial question in a criminal case of parricide?
A
No. As long as at the time of the commission of the alleged crimes, petitioner and respondent were married. Even if the marriage between the parties is annulled or void ab initio.
9
Q
If there is no clear evidence of marriage between the accused and the victim, is the offender liable for parricide?
A
No. He is liable for homicide or murder, depending on the circumstances for killing the victim.
10
Q
What is the conviction of a husband, who, while struggling for the possession of the gun with his children, without intent to kill anyone, pulled the trigger of the gun which exploded and hit his wife who was approaching them?
A
Parricide through reckless imprudence.
11
Q
If a person wanted to kill a stranger but by mistake killed his own father, will it be parricide?
A
Yes. The law does not require knowledge of the relationship between them.
12
Q
Indemnity in parricide cases.
A
- 75,000 as civil liability, moral damages, exemplary damages
- 50,000 as temperate damages
- interest of 6% per annum for all the damages to be reckoned from the date of finality of judgement until fully paid.
13
Q
What is the liability of a stranger who cooperates in parricide?
A
A stranger who cooperates and takes part in the commission of the crime of parricide is guilty of homicide or murder, as the case may be.
14
Q
What is Article 247 of the Revised Penal Code?
A
Article 247. Death or physical injuries inflicted under exceptional circumstances. - 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 of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.
15
Q
Requisites for the application of Article 247
A
- That 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 or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse.
16
Q
Does Article 247 define and penalize a felony?
A
No. This article grants a privilege or benefit to the accused for the killing of another or the infliction of serious physical injuries under the circumstances mentioned.
17
Q
Can the accused under Article 247 enter into a conditional plea of guilty and be sentenced immediately to destierro?
A
No.
18
Q
Should the accused under Article 247 be legally married?
A
Yes. A man who surprised his common-law wife in the act and killed her or both of them is not entitled to the same benefits of Article 247
19
Q
Does the parents need to be legitimate under Article 247?
A
This article does not require it. It requires only that:
1. The daughter be under 18 years old;
2. That she is living with her parents.
20
Q
What does the word “surprise” mean?
A
To come upon suddenly and unexpectedly.
21
Q
Is surprising the spouse or young daughter in the act of sexual intercourse an indispensable requisite?
A
Yes.
22
Q
Is Article 247 applicable when the accused did not see his spouse in the act of sexual intercourse with another person?
A
No. “In the act of committing sexual intercourse” does not include merely sleeping on the same bed.
23
Q
Is it enough that the circumstances show reasonably that the carnal act is being committed or has just been committed?
A
It is not necessary that he sees the carnal act being committed by his wife with his own eyes. It is enough that he surprises them under such circumstances as to show reasonably that the carnal act is being committed or has just been committed.
24
Q
The killing or inflicting of serious physical injuries must be
A
- In the act of sexual intercourse
- Immediately thereafter
25
What does "immediately thereafter" mean?
The discovery, the escape, the pursuit, and the killing must all form part of one continuous act.
26
Should the killing be the direct by-product of the accused's rage?
Yes
27
What is the justification for Article 247?
The law considers the spouse or parent as acting in a justified burst of passion.
28
Is there liability for physical injuries suffered by third persons?
There is negligence on his part. He is liable for less serious physical injuries through simple imprudence or negligence (case).
29
Are the benefits of this article applicable to persons who consented the infidelity of spouse, or who facilitated the prostitution of his wife or daughter?
No.
30
In what cases is a person who committed parricide not to be punished with reclusion perpetua to death?
1. When parricide is committed through negligence (Art. 365)
2. When it is committed by mistake (Art. 249)
3. When it is committed under exceptional circumstances (Art. 247)
31
What is Article 248 of the Revised Penal Code?
Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
32
Definition of murder
Is the unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances are present:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
33
What are the elements of murder?
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248
4. The killing is not parricide or infanticide
34
To prove the felony of homicide or murder, there must be:
Incontrovertible evidence, direct or circumstantial, that the victim was deliberately killed (with malice); in other words: THERE WAS INTENT TO KILL
35
Rules for the application of the circumstances which qualify the killing to murder
1. That murder will exist with only one of the circumstances described in Article 248
2. That when other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating
3. That any of the qualifying circumstances enumerated in Article 248 must be alleged in the information
36
Are treachery and premeditation inherent in murder by poision?
Yes. They cannot be considered as aggravating.
37
What does "outraging" mean?
To commit an extremely vicious or deeply insulting act.
38
What does "scoffing" mean?
To jeer, and implies a showing of irreverence.
39
What is the penalty for murder?
Reclusion temporal in its maximum period to reclusion perpetua.
40
What is Article 249 of the Revised Penal Code?
Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
41
Define homicide
Is the unlawful killing of any person, which is neither parricide, murder, nor infanticide.
42
Elements of homicide
1. That a person was killed
2. That the accused killed him without any justifying circumstance
3. That the accused had the intention to kill, which is presumed
4. That the killing was not attended by any of the qualifying circumstance of murder, or by that of parricide or infanticide.
43
Penalty when the victim of homicide is under 12 years of age
Reclusion perpetu
44
Is intent to kill conclusively presumed when death resulted?
Yes. Evidence of intent to kill is important only in attempted or frustrated homicide.
45
Intent to kill is shown through
1. The kind of weapon used
2. Parts of the victim's body at which the weapon was aimed, as shown by the wounds inflicted
46
Does intent to kill need to be proved beyond reasonable doubt?
Yes. The intent to kill being an essential element in attempted or frustrated homicide, said element must be proved by clear and convincing evidence.
In the absence of proof in parricide or infanticide, the guilty person should be sentenced to homicide.
47
What does corpus delicti mean?
In modern sense of the term, means the actual commission of the crime charged.
48
What is Article 250 of the Revised Penal Code?
Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50.
The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes.
49
An attempt or conspiracy on the lives of the _______, is punishable by life imprisonment
1. Chief Executive
2. Chief Executive's family
3. Chief Executive's cabinet
4. The Interim Batasang Pambansa
5. The Supreme Court
6. Constitutional Commissions
7. General officers of major services of and commands of the AFP or any member of their families
50
What is Article 251 of the Revised Penal Code?
Article 251. Death caused in a tumultuous 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, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.
51
Elements for death caused in a tumultuous affray
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 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
52
What does the word "several" mean?
More than two but not very many
53
What does the word "tumultuous" mean in Art. 153?
Disturbance is caused by more than three persons who are armed or are provided with means of violence.
54
When there are two identified groups of men who assaulted each other, is there a tumultuous affray?
No. The crime of homicide is committed if companions were united in their common purpose to attack or if the quarrel is between two well-known groups.
55
Does the person killed in the course of the affray need to be a participant in the affray?
No.
56
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.
57
What is Article 252 of the Revised Penal Code?
Article 252. Physical injuries inflicted in a tumultuous affray. - When in a 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 injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.
58
Elements of physical injuries in a tumultuous affray
1. That there is a tumultuous affray as referred to in the preceding article
2. That a participant or some participants thereof suffer 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 person of the offended party are known.
59
Difference between Article 252 and 251?
Unlike in Art. 251, the injured party in the crime of physical injuries inflicted in a tumultuous affray must be one or some of the participants in the affray.
60
Is it only those who used violence under Art. 252 liable?
Yes. Because if the one who caused the physical injuries is known, he will be liable for the physical injuries actually committed?
61
Are slight physical injuries included?
There is no clear provision for slight physical injuries in a tumultuous affray.
It is believed that the intention of the Legislature is to excluded slight physical injuries.
62
What is Article 253 of the Revised Penal Code?
Article 253. Giving assistance to suicide. - Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal.
However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.
63
Acts punishable as giving assistance to suicide
1. By assisting another to commit suicide, whether suicide is consummated or not
2. By lending his assistance to another to commit suicide to the extent of doing the killing himself
64
What is the penalty if the person gives assistance but suicide is not consummated?
The penalty one or two degrees lower than that provided for consummated suicide, where the offender consists in performing acts to do the killing himself, should be imposed depending upon whether it is frustrated or attempted suicide.
65
Is a person who attempts to commit suicide criminally liable?
No.
66
Is a pregnant woman, who tried to commit suicide by means of poison, but instead of dying, the fetus in her womb was expelled, liable for abortion?
No. In order to incur criminal liability for the result not intended, one must be committing a felony.
67
Is assistance to suicide the same as mercy-killing?
No.
68
What is euthanasia?
Commonly known as mercy-killing - is the practice of painlessly putting to death a person suffering from some incurable disease.
Not lending assistance to suicide as the person killed does not want to die.
69
What is Article 254 of the Revised Penal Code?
Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.
70
Elements of discharge of firearms?
1. That the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
71
Is discharge of firearm towards the house of victim an illegal discharge of firearm?
No.
72
Should there be an intention to kill under Art. 254?
No. With intent to kill, it will be classified as frustrated or attempted homicide, parricide, murder, etc.
73
Even if the gun was not pointed at the offended party when it fired but it was initially aimed by the accused at or against the offended party, is it still considered as a crime under Art. 254?
Yes. As long as the accused aimed the gun.
74
What is Article 255 of the Revised Penal Code?
Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.
If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.
75
Define infanticide
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.
76
Elements of infanticide
1. That a child was killed.
2. That the deceased child was less than three days old (72 hours)
3. That the accused killed the said child.
77
Is the penalty same for parricide or murder?
Yes. The penalty is reclusion perpetua.
78
If another person kills a child less than three days old, what is the penalty?
It will be the penalty prescribed for murder. Penalty is reclusion perpetua.
79
Is concealing dishonor an element to infanticide?
No. It merely mitigates the liability of the mother or maternal grandparents who committed the crime.
80
Should the delinquent mother have a good reputation and good morals in order that concealing dishonor may mitigate her liability?
Yes.
81
Is there infanticide if a child was born dead, or although alive, it could not sustain independent life when it was killed?
No. The child must be born alive and fully developed, that is, it can sustain an independent life.
82
What is Article 256 of the Revised Penal Code?
Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.
83
Define abortion
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.
84
Ways of committing intentional abortion
1. By using violence upon the person of the pregnant woman.
2. By acting, but without violence, without the consent of the woman (administering drugs or beverages without the woman's consent)
3. By acting (administering drugs or beverages) with the consent of the pregnant woman.
85
Elements of intentional abortion
1. That there is a pregnant woman
2. That the violence 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.
86
Distinguish abortion and infanticide
If the fetus could sustain an independent life independent from the maternal womb and it is killed, the crime is infanticide.
87
What is Article 257 of the Revised Penal Code?
Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.
88
Elements of unintentional abortion
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 the fetus dies, either in the womb or after having been expelled therefrom.
89
Is unintentional abortion only committed by violence?
Yes. Violence meaning actual physical force.
90
Distinguish unintentional abortion from infanticide
In unintentional abortion
1. There is a pregnant woman
2. Violence is used upon such pregnant woman without intending an abortion
3. The violence is intentionally exerted
4. As a result of the violence, the fetus dies, either in the womb or having been expelled therefrom.
In infanticide
1. It is necessary that the child be born and be viable, that is, capable of independent existence
91
What is Article 258 of the Revised Penal Code?
Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.
92
Elements of abortion practiced by the women herself or by her parents
1. That there is a pregnant woman who has suffered an abortion
2. That the abortion is intended
3. That the abortion is caused by:
a. the pregnant woman herself
b. any other person, with her consent
c. any of her parents, with her consent for the purposes of concealing her dishonor
93
The woman is liable under Article 258 either:
1. When she shall practice an abortion upon herself
2. When she shall consent that any other person should do so.
94
Article 258 covers three cases, namely:
1. Abortion committed by the woman upon herself or by any other person with her consent (par. 1)
2. Abortion by the woman upon herself to conceal her dishonor (par. 2)
3. Abortion by any of the parents of the woman with the latter's consent to conceal her dishonor (par. 3)
95
If the purpose of the pregnant woman is to conceal her dishonor, is the penalty lower?
Yes.
96
What is Article 259 of the Revised Penal Code?
Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.
97
What are the elements of abortion practiced by a physician or midwife and dispensing of abortion
1. That there is a pregnant woman who has suffered an abortion
2. That the abortion is intended
3. That the offender, who must be a physician or midwife, causes, or assists in causing the abortion
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill
98
Penalty for intentional abortion done by the physician or midwife
The penalties provided for intentional abortion shall be imposed in the maximum period upon the physician or midwife.
99
As to the pharmacists, the elements are:
1. That the offender is a pharmacist
2. That there is no proper prescription from a physician
3. That the offender dispenses any abortive
100
Is it necessary that the pharmacists knows that the abortive would be used to cause an abortion?
Article 259 does not require it. What is punished is the dispensing of abortive without the proper prescription from a physician.
101
What is Article 260 of the Revised Penal Code?
Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.
102
Define duel
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 make the selection of arms and fix all the other conditions of the fight
103
Acts punished in duel
1. By killing one's adversary in a duel
2. By inflicting upon such adversary physical injuries
3. By making a combat although no physical injuries have been inflicted
104
Who are liable in a duel?
1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals.
2. The seconds, as accomplices.
105
What is the penalty if death results from a duel
The same as homicide, reclusion temporal.
106
Penalty if no physical injuries are inflicted in a duel
Arresto Mayor
107
What is Article 261 of the Revised Penal Code?
Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.
108
Acts punished under Article 261
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 refuses to accept a challenge to fight a duel
109
Persons responsible under Article 261 are:
1. challenger
2. instigator
110
What are the crimes against physica injuries?
1. Mutilation
2. Serious physical injuries
3. Administering injurious substances or beverages
4. Less serious physical injuries
5. Slight physical injuries and maltreatment
111
What is Article 262 of the Revised Penal Code?
Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.
112
Define mutilation
Lopping or clipping off of some part of the body
113
Two kinds of mutilation
1. By intentionally mutilating another by depriving him, either 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 organs for reproduction to deprive him of that part of his body
114
Elements of mutilation of the first kind
1. That there be a castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium
2. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction
115
Is vasectomy mutilation?
No.
116
What is the term for any other intentional mutilation
Mayhem
117
What is the penalty for other intentional mutilation under the age of 12
Reclusion perpetua
118
What is Article 263 of the Revised Penal Code?
Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.
If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.
119
How is the crime of serious physical injuries committed?
1. By wounding
2. By beating
3. By assaulting
4. By administering injurious substance
120
What are serious physical injuries?
1. When the injured person becomes insane, imbecile, impotent, or blind in consequences of the physical injuries inflicted
2. When the injured person:
a. loses the use of speech or the power to hear or smell, or loses an eye, a hand, a foot, an arm, or a leg
b. loses the use of any such member
c. becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted
121
Should there be an intent to kill under Article 263?
No.
122
What does "impotent" mean?
Impotence means inability to copulate.
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Define deformity
Deformity requires:
1. physical ugliness
2. permanent and definite abnormality
3. conspicuous and visible
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What is Article 264 of the Revised Penal Code?
Article 264. Administering injurious substances or beverages. - The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.
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Elements in administering injurious substances or beverages
1. That the offender inflicted upon another any serious physical injury
2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity
3. That he had no intent to kill
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What is Article 265 of the Revised Penal Code?
Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.
Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person.
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Matters to be noted in the crime of less serious physical injuries
1. That 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.
If incapacity is more than 30 days or the illness is more than 30 days, it is a serious physical injury under par. 4 of Art 263
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What is Article 266 of the Revised Penal Code?
Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury.
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Three kinds of slight physical injuries
1. Physical injuries which incapacitated the offended party for labor from one to nine 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.
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What is Article 266-A?
Article 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 otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (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 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.
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What are the elements of rape under paragraph 1 of Article 266-A?
1. That the offender is a man
2. The offender had carnal knowledge of a woman
3. The such act is accomplished under any of the following circumstances
a. By using force or intimidation; or
b. When the woman is deprived of reason or otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented
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What are the elements of rape under paragraph 2 of Article 266-A?
1. That the offender commits an act of sexual assault
2. That the act of sexual assault is committed by 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 force or intimidation; or
b. When the woman is deprived of reason or otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented
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What is Article 266-B?
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
1. 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.
2. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
3. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
4. When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
5. The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
a. When the victim is under eighteen (18) years of age and the offender is a 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;
b. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
c. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;
d. When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;
e. When the victim is a child below seven (7) years old;
f. When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
g. 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 or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
h. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
i. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
j. 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 the next preceding article shall be punished by prision mayor.
1. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.
2. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
3. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
4. When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
5. Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article.
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What is Article 266-C?
Article 266-C. Effect of Pardon. - The subsequent valid marriage between 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 action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.
