Crimes Against Persons Arts 246-261 246: PARRICIDE Elements: KKD(FMCLS) 1. Person is killed 2.

Deceased is killed by the accused 3. Deceased is the Father, Mother, Child, Legitimate Ascendant/Descendant or Legitimate Spouse
Illegitimate Child- born outside wedlock; adulterine, incestuout, sacrilegious *child below 3days old killed by parent = infanticide *Stranger who helps in commission = murder/homi. *Parricide through reckless imprudence; mistake Intent to kill: Treachery = not needed Part. 3 = intent is necessary Rules in Application of Qualifying Circum. In Murder: 1. Murder will Exist once one of the circum is present 2. When others are absorbed or included in one qual. Circum, it is not included in generic aggrav circ 3. Qualifying circ. Must be alleged in the Information

247:Death/Physical Injuries inflicted upon Exceptional Circumstances Acts: L K/S N 1. Legally married person/parent Surprises his spouse / daughter (18 y.o and living with him)
in the act of committing sexual intercourse w/ another

249: Homicide ~unlawful killing of any person w/c is not P, M, or I Elements: KWIK 1. Person was killed 2. Accused killed him w/o Justifying Circumstances 3. Accused had Intention to kill, w/c is presumed 4. Killing was not attended by any of the qualifying circum. Of murder, parricide or infanticide
*there is Consummated, Frustrated and Attempted *even w/o intent to kill = homicide *In attempted&Frustrated = intent is necessary (clear and convincing evidence) *there's no such thing as Frus. Homicide thru Imprudence Killing is justified=no homicide (art11) 1. Defense of Relative 2. Defense of Stranger 3. Self Defense 4. Avoid Greater evil 5. Fulfillment of Duty or Exercise of right or office 6. Acts in obedience to an order issued by superior Accidental Homicide: 1. Peron is killed

2. He kills any or both of them or inflicts Serious Physical Injury in the act or immediately thereafter (direct by-product of the accused's rage) 3. He has not promoted / facilitated prostitution of his wife/daughter or that he did not consent to the infidelity of the other spouse *If less serious / slight Physical Injuries = no crime Parricide not amount to Reclusion Perpetua: 1. Negligence 2. Mistake 3. Exceptional circumstances

248: Murder 2. Lawful act performed w/ proper cause & skill ~unlawful killing of any person w/c is not parricide or 3. W/o homicidal intent infanticide where qual. Circum. Are present
*Homicide through negligence

Elements: KKQN Corpus Delicti - crime was perpetrated & does not refer to 1. Person was killed the body of the murdered person 2. Accused killed him 3. Killing was attended with any of the qualif. Circum. 251: Death caused in Tumultuous Affray 4. Not parricide or infanticide Elements: SNQKCP 1. Several persons Qualifying Circumstances: TCMOEC 2. Not compose groups/orgamozed for the common 1. TSAEI : Treachery, taking advantage of superior strength purpose of assaulting&attacking each other Aid of Armed Men, Employ means to weaken defense, 3. They Quarreled & Assaulted one another in a Means/Persons to Insure or affor Impunity confused & tumultuous manner 4. Someone was Killed in the affray 2. In consideration of: price, reward or promise 5. Cannot be asserted who killed deceased 6. Persons who inflicted serious physical injuries as 3. Means of: IFP-SS-DFMG: violence can be identified
inundation, fire, poison, shipwreck, standing of vessel, derailment/assault upon a railroad, Fall of an airship, Means of motorvehicle, Means of great waste & ruin 4. Occasiion of any of the calamities or an earthquake, volcanic eruption, cyclone, epidemic or public calamity 5.Evident Premeditation

Liable for Death in Tumultuous Affray: 1. Persons who inflicted Serious Physical Injuries 2. If it is not known = all persons who used violence 252: Physical Injuries inflicted in Tumultuous Affray Elements: TSCA
1. There is a tumultuous affray

Crimes Against Persons Arts 246-261

2. Participant(s) suffer Serious Physical Injuries or 6. Cruelty (by deliberately&inhumanly augmenting the suddering of the victim) or outraging (insulting act) or scofting (irreverence) at his person/corpse Less Serious Physical Injuries 3. Person responsible Cannot be identified 4. All who used violence upon offended party are known

253: Giving Assistance to Suicide Acts Punished: AL 1. Assisting another to commit suicide (whether consummated or Not) 2. Lending his assistance to another to commit suicide to the extent of doin the killing himself *Euthanasion/Mercy Killing = liable for murder

258: Abortion practiced by the woman or her parent Elements: PIC(WAP) 1. Pregnant woman who suffered abortion 2. Abortion is intended 3. Abortion is caused by: a. Pregnant Woman herself b. any other person w/ her consent c. Parents w/ consent & to conceal dishonor

254: Discharge of Firearms *person who caused abortion = liable under Art 256 Elements: DN *Woman who consented = liable under 258 1. Offenfer discharges firearms at or against another *Woman w/o consent = no liability person 2. No intent to kill 259: Abortion practiced by Physicial / Midwife and Dispensing of Abortives 255: Infanticide ~killing of any child less than 3 days of age Elements: PIOT 1. Pregnant woman who suffered abortion Elements: C3A 2. Abortion is Intended 1. Child is killed 3. Offender must be a Physician / Midwife, causes or 2. Deceased child was less than 3 days or 72 hrs assists in causing abortion 3. Accused killed the said child 4. Physician / Midwife takes advantage of her scientific knowledge or skill If killer is: stranger = murder ; relative = parricide *Infanticde to conceal dishonor mitigates the liab. Elements to Pharmicist: PND for the mother and maternal grandparent 1. Offender is a pharmacist 2. No proper prescription from physician 256: Intentional Abortion 3. Offender dispenses any abortive Abortion ~ willful killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal 260: Responsibility of Participants in a Duel womb w/c results in the death foetus Duel - formal/regular combat previously concerted *before 6 mos/ sustaining life bet. 2 parties in the presence of 2 or more secs of *frustrated & intentional abortion lawful age on each side, who make the selection of *if no intent = only physical injuries arms & fix all the other conditions of the fight Ways of Committing Abortion: VAA 1. Using any violence upon a pregnant woman 2. Acting w/o violence, w/o consent of PW 3. Acting w/ consent of the pregnant woman Elements: PVRI 1. Pregnant womant 2. Violence is exerted / drugs administered 3. Restult of violence/drugs or other act, the foetus Dies either in the womb or after being expelled therefrom 4. Abortion is Intented Acts punished In Duel: KIM 1. Killing ones adversary in a duel 2. Inflicting upon such adversary Physical Injuries 3. Making a combat although no physical injuries have been inflicted Liable in Duel: 1. Person who killed/inflicted physical injuries upon his adversary or both combatants [principals] 2. The seconds [accomplices]

261: Challenging to a Duel: Acts Punished: CI S/D 257: Unintentional Abortion 1. Challenging another to a duel Elements: PWRI 2. Inciting another to give or accept a challenge to a 1. Pregnant Woman duel 2. Violence is used w/o intent to abort 3. Scoffing or Decryimg another publicly for 3. Result of violence = foetus dies either in the womb having refused to accept a challenge to a fight a duel or after being expelled therefrom 4. Violence is intentonally exerted Persons responsible: 1. Challenger

Crimes Against Persons Arts 246-261 There's such a thing as: *Uninetional Abortion through imprudence *even if accused did not know she's pregnant *Complex crime of homicide w/ unintentional abort *parricide w/ abortion 2. Instigator

FALSE TESTIMONY (180-184) 180: False Testimony against a Defendant Elements: CFKD 1. There is a criminal Proceeding 2. Offnder falsely testifies under Oath against a defendant 3. Offender knows that it is false 4. Defendant is either acquitted or convicted in a final judgment 181: False Testimony favorable to the Defendant ~person who gives false testimony in favor of the defendant *need not directly influence the decision of acquittal *it need not benefit the defendant *Ratification made spontaneously after realizing mistake is not false terimony 182: False Testimony in Civil Cases Elements: CRFKM 1. Testimony is given in a civil case 2. Testimony Relates to the issue presented in the case 3. Testimony is false 4. Offender knows the same to be false 5. Testimony is Malivious & with intent to affect the issues presented 183: False Testimony in other cases and Perjury in Solemn Affirmation Oath- any form of attestation by w/c a person signifies that he is bound in conscience to perform an act truthfully or faithfully Affidavit - a sworn statement in writing; a declaration in writing made under oath before an authorized magistrate or officer Material Matter - main fact w/c is the subject of inquiry to prove a fact Subornation of Perjury - committed by a person who knowingly & willfuly procures another to falsely swear and withness does not testify Ways of Committing Perjury FT & FA 1. Falsely testifying under oath 2. Making a false affidavit Elements of Perjury: MB W/D R

Crimes Against Persons Arts 246-261 1. Accused Made a statement under oath or executed an affidavit upon a material matter 2. Statement / Affidavit was made Before a competent officer authorized to receive & administer oath 3. The accused made a willful and deliberate assertion of falsehood 4. The statement/affidacit contatining falsity is required by law

Crimes Against Persons Arts 246-261

umultuous Affray

Crimes Against Persons Arts 246-261

an or her parent

/ Midwife and