Professional Documents
Culture Documents
CRIMES AGAINST
PERSONS
TITLE VIII
The essence of the crimes under this
title involves the:
Taking of human life
Destruction of the fetus
Inflicting injuries
Title is divided into three chapters:
Chapter I: Destruction of Life
Chapter II: Physical Injuries
Chapter III: Rape
Infanticide and
Abortion
RAPE
Physical Injuries
CHAPTER I:
DESTRUCTION OF
LIFE
Section 1: Paricide, Murder, Homicide
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.
Elements:
That a person is killed;
That the deceased is killed by the accused; and
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
Relationship of the offender with the victim is the essential
element of the crime. Hence:
is present:
Evident premeditation is absorbed in price,
reward or promise, if without the premeditation
1. With treachery, taking
the inductor would advantage
not have induced theofother to
superior strength,
commit with
the act but not asthe aid the
regards of one
armed
induced.
men, or employs means toessence
The weaken the
of treachery
defense, or of means oris persons to insure
that the offended party
was denied the chance to
or afford impunity; defend himself because of
2. In consideration of a price, the means, methods,
reward or
deliberately adopted by
promise; the offender and were not
merely incidental to the
3. With evident premeditation;
4. By means of inundation, fire, poison, shipwreck, stranding
of a vessel, derailment or assault upon a railroad, fall of
an airship, by means of motor vehicles, or with the use of
any other means involving great waste and ruin;
Elements:
There are several persons;
They do not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally;
These several persons quarreled and assaulted one
another in a confused and tumultuous manner;
Someone was killed in the course of the affray;
It cannot be ascertained who actually killed the
deceased;
The person or persons who inflicted serious physical
injuries or who used violence can be identified.
Tumultuous affray
is a commotion in a confused manner to 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.
Who are liable?
The person or persons who inflicted the serious
physical injuries
If it is not known who inflicted the serious physical
injuries on the deceased, all persons who used
violence upon the person of the victim are liable.
Art. 252 Physical Injuries caused in
Tumultuous affray
Elements:
There is a tumultuous affray;
A participant or some participants thereof
suffered serious physical injuries or physical
injuries of a less serious nature only;
The person responsible thereof cannot be
identified;
All those who appear to have used violence
upon the person of the offended party are
known.
Art. 253 Giving Assistance to Suicide
Acts punished:
By assisting another to commit suicide, whether
the suicide is consummated or not;
By lending his assistance to another to commit
suicide to the extent of doing the killing himself.
Euthanasia or Mercy-Killing - is a
practice of painlessly putting to death a
person suffering from some incurable
disease.
Art. 254 Discharge of
Firearms
ELEMENTS:
That the offender discharges a firearm against or at
another person; and
That the offender has no intention to kill that person.
ELEMENTS
A child was killed by the accused;
The deceased child was less than 3 days
old.
ABORTION
The premature termination of a pregnancy.
The intentional and artificial termination of a
pregnancy that destroys an embryo or fetus.
The spontaneous expulsion of an embryo or
fetus before it is capable of living outside the
womb.
USUALLY HAPPENS BEFORE 28th WEEK
Art. 256 Intentional
Abortion
Elements:
There is a pregnant woman;
Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman;
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;
The abortion is intended.
Ways of committing intentional abortion
Abortion Infanticide
Fetus could not sustain Fetus could sustain an
independent life. No legal independent life after separation
viability. from the mothers womb.
Elements:
That there is a pregnant woman who has
suffered an abortion;
That the abortion is intended; and
That the abortion is caused by
The pregnant woman herself;
Any other person, with her consent; or
Any of her parents, with her consent, for
the purpose of concealing her dishonor.
Art. 259: Abortion by a Physician or
Midwife and dispensing of abortives
ELEMENTS
There is a pregnant woman who has
suffered an abortion;
The abortion is intended;
Offender, who must be a physician or
midwife, caused or assisted in causing the
abortion;
Said physician or midwife took advantage
of his or her scientific knowledge or skill.
The penalties provided for intentional abortion
shall be imposed in the maximum period for
physicians and midwives violating this article.
Reason: heavier guilt in making use of their
knowledge for the destruction of human life,
when it should be used only for its
preservation.
If the abortion is produced by a physician to
Persons liable:
Challenger
Instigators
CHAPTER II: PHYSICAL
INJURIES
RPC and RA 8353
What are the crimes of Physical Injuries?
1. Mutilation (A.262)
2. Serious Physical Injuries (A.263)
3. Administering injurious substance or
beverages (A.264)
4. Less serious physical injuries
5. Slight Physical Injuries and
maltreatment
Art. 262: Mutilation
Mode 1. Intentionally mutilating another by depriving
him, either totally or partially, of some essential organ for
reproduction; (Mutilation)
Elements:
There be a castration, that is, mutilation of organs necessary
for generation, such as the penis or ovarium;
The mutilation is caused purposely and deliberately
By Assaulting
By Beating; or
Requisites
Physical ugliness
Permanent abnormality
Conspicuous and visible
Elements
Offender inflicted upon another any
serious physical injury
It was done by knowingly administering
to him any injurious substance or
beverages or by taking advantage of his
weakness of mind or credulity.
That he had no intent to kill
Less Serious Physical Injuries (Art. 265)
following circumstances:
By using force, threat or intimidation;
When the woman is deprived of reason or is
otherwise unconscious;
By means of fraudulent machination or grave
When the woman is under 12 years of age
(Statutory Rape) or is demented.
Rape through Sexual Assault
Offender commits an act of sexual assault;
The act of sexual assault is committed by any of
the following means:
By inserting his penis into another person's mouth
or anal orifice; or
By inserting any instrument or object into the
genital or anal orifice of another person;
That the act of sexual assault is accomplished
under any of the circumstances enumerated
under the first act of committing rape.
NOTES on classification:
Traditional Rape
Offended party is always a woman
Offender is always a man.
Sexual assault
Rape can now be committed by a man or a
woman, that is, if a woman or a man uses an
instrument on anal orifice of male, she or he can
be liable for rape.
Inserting a finger inside the genital of a woman
is rape through sexual assault within the context
of object.
Art. 355 vs RA 8353
12. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;