Parricidecriminologists11:10 AMCrimes Against Persons

ART.246

ELEMENTS:1. Thata personis killed;2. That the deceased is killed by the accused;3. That the deceased is the a.father, mother, or b. child, whether legitimate or illegitimate, or c. legitimate otherascendantor other descendant, or d. legitimate spouse of the accused.

The relationship of theoffenderwith thevictim is the essential element of parricide.

Essential element: relationship ofoffenderwith the victim; except forspouses, only relatives by blood andin direct line (adopted are notincluded)

Parents and children are not included in theterm ascendants or descendants.

The otherascendantor descendant must belegitimate. On the other hand, thefather,mother or child may be legitimate orillegitimate.

The child should not be less than 3 daysold. Otherwise, the offense is infanticide.

Supreme Court ruled that Muslimhusbands with several wives can beconvicted of parricide only in case thefirst wife is killed.

Relationship must be alleged and proved.If not,relationship would only be consideredas aggravating circumstance.

A stranger who cooperates in committingparricide is liable for murder orhomicide.

Even if theoffenderdid not know that theperson he had killed is his son, he is stillliable for parricide because the law doesnot require knowledge of the relationship.

Cases of parricide when the penaltyshall not be reclusion perpetua todeath:1. parricide through negligence (Art.365)2. parricide by mistake (Art. 49)3. parricide under exceptional circumstances (Art. 247)

People vs. Dalag A stranger who cooperates and takes part in the commission of the crime of parricide, is not guilty of parricide but onlyhomicideor murder, as the case may be. The key element in parricide is the relationship of theoffenderwith the victim.Death Or Physical Injuries Under Exceptional Circumstancescriminologists3:49 AMCrimes Against Persons

ART.247

ELEMENTS:1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person;2. He/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; and3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse.

This article does not define or penalize a felony, thepenalty is destierro.

Penalty of destierro for killer spouse is meant to protecthim from acts of reprisal by relativesof deadspouse.

It is not necessary that the parent be legitimate for theapplication of this article.

This article applies only when the daughter issingle.

Surprise means to come upon suddenly or unexpectedly.

Art. 247 is applicable even when theaccuseddid not seehis spouse in the act sexual intercourse with anotherperson. It is enough that circumstances reasonably showthat thecarnalact is beingcommittedor has beencommitted.

Sexual intercourse does notincludepreparatory acts.

Article does not apply: If the surprising took placebefore any actual sexual intercourse could be done orafterthe actual sexual intercourse was finished

Immediately thereafter means that the discovery, escape,pursuit and the killing must all form parts of onecontinuous act.

Immediately thereafter may be an hourafterproximateresult of outrage overwhelmingaccusedafterchancingupon spouse in basest act of infidelity

The killing must be the direct by-product of the rage oftheaccused.

No criminal liability is incurred when lessserious or slight physical injuries are inflicted.Moreover, in case third persons caught in thecrossfire suffer physical injuries, theaccusedis not liable for physical injuries. The principlethat one is liable for the consequences of hisfelonious act is not applicable, because hisact under Art.247 does notamountto a felony.

Requisites must be established by evidence of the defense

living with parent- is understood to be in their owndwelling because of the embarrassment and humiliationdone to the parent and parentalabode - If done ina motel, article does not apply.

People v. Puedan Evidence of the victims promiscuity is inconsequential to the killing. The offender must prove that he actually surprised his wife and her paramour in flagrante delicto, and that he killed the man during or immediately thereafter.

People v.Abarca The killing must be the direct result of the outrage suffered by the cuckolded husband. Although about one hour had passed between the time theaccuseddiscovered his wife having sexual intercourse with the victim and the time the latter was actually killed, it was held that Article 247 was applicable, as the shooting was a continuation of the pursuit of the victim by theaccused. Inflicting death under exceptional circumstances is not murder. Two other persons suffered physical injuries as they were caught in the crossfire when theaccusedshot the victim. A complex crime of double frustrated murder was notcommittedas theaccuseddid not have the intent to kill the two victims. Here, theaccuseddid not commit murder when he fired at the paramour of his wife. No aberratio ictus because he was acting lawfully.Murdercriminologists4:22 AMCrimes Against Persons

ART.248

ELEMENTS:1. Thata personwas 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 of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity, b. inconsiderationof price,rewardor promise, c. by means of inundation, fire, poison,explosion, shipwreck, stranding of vessel, derailment or assault upon astreetcar or locomotive, fall of airship, by means ofmotor vehiclesor 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 avolcano, destructive cyclone, epidemic or any other public calamity, e. with evident premeditation, or f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse; and4. The killing is not parricide or infanticide.

The victim must be killed in order to consummate the offense.Otherwise, it would be attempted or frustrated murder.

When the victim is already dead, intent to kill becomes irrelevant.It is important only if the victim did not die to determine if thefelony is physical injury or attempted or frustrated homicide.

That murder will exist with only one of thecircumstancesdescribedin Article 248. When more than one of saidcircumstancesare present,the others must be considered as generic aggravating.

That when the othercircumstancesare absorbed or included in onequalifying circumstance, they cannot be considered as genericaggravating.

Any of the qualifyingcircumstancesmust be alleged in theinformation. Otherwise, they will only be considered as genericaggravatingcircumstances.

Treachery and premeditation are inherent in murder with the useof poison.

PEOPLE vs. SANTOS, GR 127492, 1/16/04A sudden and unexpected attack undercircumstanceswhich renderthe victim unable to defend himself by reason of the suddennessand severity of the attack constitutes alevosia.

PEOPLE vs. ERIC GUILLERMO, GR 147786, 1/20/04Dismemberment of a dead body is one manner of outraging orscoffing at the corpse of the victim.

PEOPLE vs. MONTAEZ, GR 148257, 3/17/04The barefaced fact that Daniel Sumaylo pleadedguilty to the felony of homicide is not a bar to theappellant being found guilty of murder as aprincipal.It bears stressing that Sumaylo plea-bargained on hisre-arraignment. Even if the public prosecutor and thefather of the victim agreed to Sumaylo's plea, theState is not barred from prosecuting the appellant formurder on the basis of its evidence, independently ofSumaylo's plea of guilt.

People v. Pugay and SamsonIntent to kill must be present for the use of fire tobe appreciated as a qualifying circumstance. Intending tomake fun of a retard, Pugay poured gasoline on the latter whileSamson set him on fire. The retard died. There was no animositybetween the two accused and the victim such that it cannot besaid that they resort to fire to kill him. It was merely a partof their fun making but because their acts were felonious, theyare criminally liable.

POISON- Treachery and evident premeditation are inherent in murder by poison only if the offender has the intent to kill the victim by use of poison.

EVIDENT PREMEDITATION - act of the offender manifestly indicating that he clung to his determination to kill his victim - Evident premeditation is absorbed in price,rewardor promise, if without the premeditation the inductor would not have induced the other to commit the act but not as regards the one induced.

CRUELTY- Under Article 14, the generic aggravating circumstance of cruelty requires that the victim be alive, when the cruel wounds were inflicted and, therefore, must be evidence to that effect. Yet, in murder, aside from cruelty, any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing to murder.Homicidecriminologists4:41 AMCrimes Against Persons

ART.249

ELEMENTS:1. Thata personwas killed;2. That the accused killed him without any justifyingcircumstances;3. That the accused had the intention to kill, which is presumed; and4. That the killing was not attended by any of the qualifying circumstancesof murder, or by that of parricide or infanticide.

Intent to kill is conclusively presumed when death resulted. Hence,evidence of intent to kill isrequiredonly in attempted orfrustratedhomicide.

There is no crime offrustratedhomicidethrough negligence/imprudence.

Physical injuries are one of the essentialelements offrustratedhomicide.

Use of unlicensed firearm is an aggravating circumstance inhomicide.

In accidentalhomicidewherein death ofa personis brought aboutby a lawful act performed with proper care and skill and withouthomicidal intent, there is no liability.

When the wounds that caused death were inflicted by 2 different persons,even if they were not in conspiracy, each one of them is guilty ofhomicide.

In all crimes against persons in which the death of the victim is anelement, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim.

Penalty shall be one degree higher than that imposed by law when thevictim is under 12 years of age

When several assailants not acting in conspiracy inflicted wounds on avictim but it cannot be determined who inflicted which would whichcaused the death of the victim, all are liable for the victims death.

In attempted orfrustratedhomicide, there is intent to kill. Inphysical injuries, there is none. However, if as a result of thephysical injuries inflicted, the victim died, the crime will behomicidebecause the law punishes the result, and not the intent ofthe act.

Corpus delicti actual commission of crime charged

PEOPLE vs. DELA CRUZ, G.R. No. 152176, 10/1/03The qualifying circumstance of treachery was not sufficientlyestablished by the prosecution. The prosecution witness did not seethe actual stabbing of the victim. Therefore, there is no way ofdetermining on how the attack was initiated. In the same way thatno testimony would prove that the appellant contemplated upon themode to insure the killing. The crime committed by appellant ishomicide.

GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04No error was committed by the trial court in characterizing thefelonious assault asfrustratedhomicideand convicting appellanttherefor. The appellant acted with intent to kill in firing the gun atMiguel. Usually, the intent to kill is shown by the kind of weaponused by theoffenderand the parts of the victims body at which theweapon was aimed, as shown by the wounds inflicted.

ARADILLOS vs. COURT OF APPEALS G.R. No. 135619, 1/15/04An accused may be convicted of slight, less serious or serious physicalinjuries in a prosecution forhomicideor murder, inasmuch as theinfliction of physical injuries could lead to any of the latteroffenses when carried to its utmost degree despite the fact that anessential requisite of the crime ofhomicideor murder - intent tokill - is notrequiredin a prosecution for physical injuries.

People v. CastilloThere is no offense offrustratedhomicidethrough imprudence.Accused pharmacist prepared the medicine on prescription buterroneously used a highly poisonous substance. When taken bythe patient,the latter nearly died. Accused is guilty only of physical injuriesthrough reckless imprudence. The element of intent to kill infrustratedhomicideis incompatible with negligence or imprudence.Death Caused In A Tumultuous Affraycriminologists5:03 AMCrimes Against Persons

Tumultuous Affray

Death Caused In A Tumultuous Affray

ELEMENTS:1. That there be several persons;2. That they did not compose groupsorganizedfor 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; and6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

PERSONS LIABLE:1. person/s who inflicted serious physical injuries2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

Tumultuous affray exists when at least 4 persons take part in it.

When there are 2 identified groups of men who assaulted each other,there is no tumultuous affray.

The person killed need not be a participant in the affray

Those who used violence are liable for death caused in a tumultuousaffray only if it cannot be determined who inflicted the seriousphysical injuries on the deceased

Tumultuous in Article 153 more than three persons who are armedor provided with means of violence

Tumultuous affray is a commotion in a confused manner to an extentthat it would not be possible to identify who the killer is if deathresults, or who inflicted the serious physical injury, but the person orpersons who used violence are known.

If there is conspiracy, this crime is not committed.

If nobody could still be traced to have employed violence upon thevictim, nobody will answer. The crimes committed might bedisturbance of public order, or ifparticipantsare armed, it could betumultuous disturbance, or if property was destroyed, it could bemalicious mischief.Physical Injuries Inflicted In A Tumultuous Affraycriminologists5:20 AMCrimes Against Persons

ART.252

ELEMENTS:1. That there is a tumultuous affray as referred to in the preceding article;2. That aparticipantor someparticipantsthereof suffer serious physical injuries or physical injuries of a less serious nature only;3. That the person responsible therefor cannot be identified; and4. That all those who appear to have used violence upon the person of the offended party are known.

Persons liable:All those who have used violence on the person ofthe offended party.

Injured party must be aparticipantof the tumultuous affray

If the one who caused physical injuries are known, he will be liablefor physical injuries actually committed

Slight physical injuries not included

Physical injury should be serious or less serious

No crime of physical injuries resulting from a tumultuous affray ifthe physical injury is only slight. Slight physical injury isconsidered as inherent in a tumultuous affray.Giving Assistance to Suicidecriminologists5:31 AMCrimes Against Persons

ART.253

ACTS PUNISHABLE:1. Assisting another to commit suicide, whether the suicide is consummated or not.2. Lending hisassistanceto another to commit suicide to the extent of doing the killing himself.

A personwho attempts to commit suicide is not criminally liable.

Givingassistanceto suicide means giving means (arms, poison, etc.)or whatever manner of positive and direct cooperation (intellectualaid, suggestions regarding the mode of committing suicide, etc.).

A pregnant woman who tried to commit suicide by means of poison butinstead of dying, the fetus in her womb was expelled, is not liablefor abortion.

If the person does the killing himself, the penalty is similar tothat ofhomicide, which is reclusion temporal. There can be noqualifying circumstance because the determination to die must comefrom the victim. This does not contemplate euthanasia or mercy killingwhere the crime ishomicide(if without consent; with consent, coveredby Article 253).

Assistanceto suicide is different from mercy- killing. Euthanasia ormercy-killing is the practice of painlessly putting to deatha personsuffering from some incurable disease. In this case, the person doesnot want to die. A doctor who resorts to euthanasia may be held liablefor murder.

Penalty is mitigated if suicide is not successful.

The person attempting to commit suicide is not liable if he survives.

Euthanasia is not lendingassistanceto suicide. In euthanasia, thevictim is not in apositionto commit suicide. A doctor who resorts toeuthanasia of his patient may be liable for murder.Discharge Of Firearmscriminologists5:42 AMCrimes Against Persons

ART.254

ELEMENTS:1. That the offenderdischargesa firearm against or at another person; and2. That the offender has no intention to kill that person.

The offender must shoot at another with any firearm withoutintention of killing him. If the firearm is not discharged at aperson, the act is not punished under this article.

No crime if firearm is not discharged.

A discharge towards the house of the victim is not discharge offirearm. Firing a gun at the house of the offended party, notknowing in what part of the house the people were, is only alarmunderArt. 155.

Usually, the purpose of the offender is only to intimidate orfrighten the offended party.

If there is intention to kill, it may be classified as frustratedorattemptedparricide, murder, or homicide.

No intent to kill if the distance is 200 meters.

There is a specialcomplexcrime ofillegal discharge of firearm withserious or less serious physical injuries.

It is essential for prosecution to prove that the discharge offirearm was directed precisely against the offended party.

Intent to kill is negated by the fact that the distance betweenthe victim and the offender is200 yards.

A person can be held liable for discharge even if the gun was notpointed at the offended party when it fired as long as it wasinitiallyaimedat or against the offended party.Infanticidecriminologists5:53 AMCrimes Against Persons

ART.255

ELEMENTS:1. That a child was killed;2. That the deceased child was less than three days (72 hours) of age; and3. That the accused killed the said child.

When theoffenderis thefather, mother or legitimateascendant,he shall suffer the penalty prescribed for parricide. If theoffenderis any other person, the penalty is thatfor murder.In either case, the properqualificationfor the offense is infanticide.

If theoffenderis the parent and the victim is less than three daysold, the crime is infanticide and not parricide. The fact that thekilling was done to conceal her dishonor will not mitigate the criminalliability anymore because concealment of dishonor in killing the childis not mitigating in parricide.

Only the mother and maternal grandparents of the child are entitledto the mitigating circumstance of concealing the dishonor.

When infanticide is committed by the mother or maternal grandmother ofthe victim in order to conceal the mothers dishonor, such fact isonly mitigating.

The delinquentmother whoclaims that she committed the offense to concealthe dishonor must be of good reputation. Hence, if she is a prostitute,she is not entitled to a lesser penalty because she has nohonorto protect.

There is no infanticide when the child was born dead, or although bornalive it could not sustain an independent life when it was killed.

A stranger who cooperates in the perpetration of infanticide committedby the mother or grandparent on the mothers side, is liable forinfanticide, but he must suffer the penalty prescribedfor murder.

Concealment of dishonor is not an element of infanticide. It merelylowers the penalty. If the child isabandonedwithout any intent tokill and death results as a consequence, the crime committedis not infanticide but abandonment under Article 276.Intentional Abortioncriminologists6:10 AMCrimes Against Persons

ART.256

ELEMENTS:1. That there is a pregnant woman;2. Thatviolenceis exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman;3. That as a result of the use ofviolenceor drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb orafter havingbeen expelled therefrom.4. That the abortion is intended.

A fetus about six months old cannot subsist by itself, outsidethe maternal womb. Abortion usually means expulsion before 6thmonth or before term of its viability

Viada: Abortion, as long as fetus dies as a result ofviolenceused or drugs administered

Infanticide, if: (1) Fetus could sustain independent life after its separation from maternal womb, and (2) it is killed

Fetus survives in spite of attempt to kill it or use ofviolence:a. Abortion intended, all acts of execution performed frustratedintentionalabortionb. Abortion not intended, fetus does not die physical injuries

Nofrustratedunintentional abortion

Ways of committingintentionalabortion1. Using anyviolenceupon the person of the pregnant woman;2. Acting, but without usingviolence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.)3. Acting (by administering drugs or beverages), with the consent of the pregnant woman.

If the mother as a consequence of abortion suffers death or physicalinjuries, you have a complex crime of murder or physical injuriesand abortion.

Inintentionalabortion, theoffendermust know of the pregnancybecause the particular criminal intention is to cause an abortion.

If the woman turns out not to be pregnant and someone performsan abortion upon her, he is liable for an impossible crime if thewoman suffers no physical injury. If she does, the crime will behomicide, serious physical injuries, etc.

Frustratedabortion is committed if the fetus that is expelled isviable and, therefore, not dead as abortion did not result despitethe employment of adequate and sufficient means to make thepregnant woman abort.Unintentional Abortioncriminologists4:08 PMCrimes Against Persons

ART.257

ELEMENTS:1. That there is a pregnant woman;2. Thatviolenceis used upon such pregnant woman without intending an abortion;3. That theviolenceis intentionally exerted; and4. That as a result of theviolencethe fetus dies, either in the womb orafter havingbeen expelled therefrom.

Committed only byviolence(giving of bitter substance with nointention to cause abortion is not unintentional abortion)

Violencemust be intentionally exerted

Unintentional abortion may be complexed with other crimes suchas parricide orhomicide

The accused can only be held liable if he knew that the womanwas pregnant. If there is no intention to cause abortionand neither wasviolenceexerted, Arts. 256 and 257 does not apply.

Unintentional abortion requires physicalviolenceinflicteddeliberately and voluntarily by athird personuponthe pregnant woman.

If the pregnant woman aborted because of intimidation, the crimecommitted is not unintentional abortion because there is noviolence; the crime committed is light threats.

If the pregnant woman was killed byviolenceby her husband,the crime committed is the complex crime of parricide withunlawful abortion.

Unintentional abortion may be committed through negligence asit is enough that the use ofviolencebe voluntary.

If the act ofviolenceis not felonious, that is, act ofself-defense, and there is no knowledge of the womanspregnancy, there is no liability. If the act ofviolenceisnot felonious, but there is knowledge of the womans pregnancy,theoffenderis liable for unintentional abortion.

People vs. JoseUnintentional abortion can also be committed through negligence.Jose is declared guilty of the crime of unintentional abortionthrough reckless imprudence for having bumped a calesa whichresulted a pregnant woman tobumpher abdomen against the wall ofthe calesa and eventually led to an abortion.

People v. SalufraniaMere boxing of the stomach taken together with the immediatestrangling of the victim in a fight, is not sufficientproof to show an intent to cause abortion. The accused musthave merely intended to kill the victim but not necessarilyto cause abortion. The accused is liable for complex crime ofparricide with unintentional abortion for it was merelyincidental to the killing.

People v. CarnasoFor the crime of abortion, even unintentional, to be held committed,the accused must have known of the pregnancy.Abortion Practiced By The Woman Herself Or By Her Parentscriminologists4:21 PMCrimes Against Persons

ART.258

ELEMENTS:1. That there is a pregnant woman who has suffered an abortion;2. That the abortion is intended; and3. That the abortion is caused by a. the pregnant woman herself b. any other person, with her consent, or c. any of her parents, with her consent for the purpose of concealing her dishonor.

The liability of the pregnant woman is mitigated if the purposeis to conceal her dishonor. However, there is no mitigation forthe parents of the pregnant women even if their purpose is toconceal their daughters dishonor, unlike in infanticide.Abortion Practiced By A Physician Or Midwife And Dispensing Of Abortivescriminologists4:30 PMCrimes Against Persons

ART.259

ELEMENTS: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; and4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.

It is not necessary that the pharmacist knew that the abortive wouldbe used to cause abortion. What is punished is the act of dispensingan abortive without the proper prescription. It is not necessary thatthe abortive be actually used.

If the pharmacist knew that the abortive would be used to causeabortion and abortion results, he is liable as an accomplice.

RA 4729: regulates the sale, dispensation, and/or distribution ofcontraceptive drugs and devices

If the abortion is produced by a physician to save the life of themother, there is no liability.

It is not unlawful if Sale, dispensation or distribution ofcontraceptive drug or contraceptive device is by a duly licenseddrug store or pharmaceutical company and with prescription ofqualified medical practitioner.