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Parricide
Under the Revised Penal Code, the crime of parricide is committed when
any person kills his father, mother, child, whether legitimate or
illegitimate, ascendants or ascendants, or spouse.
The elements of parricide are: (1) a person was killed (2) a person was
killed by the accused (3) the victim is his father, mother, or child, whether
legitimate or illegitimate, legitimate ascendant or descendant, legitimate
spouse.
Murder:
Under the Revised Penal Code, the crime of murder is committed when
any person who not falling within the provisions provided of parricide or
infanticide shall kill another if committed with any of the following
circumstances: (1) treachery, taking advantage of superior strength, or
employing means to weaken the defence or person to afford and insure
impunity (2) in consideration of price, promise, or reward (3) by means of
inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a streetcar or locomotive, fall of airship, by
means of motor vehilces or with the use of any means involving great
waste or ruin (4) in the occasion of any calamities enumberated in the
preciding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity, (4) evident
premeditation (5) or with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or outraging or scoffing at his
person and corpse
Attendant circumstances:
-
Rape
Rape by carnal knowledge of a woman (p1 266-A)
-
religious vocation
or calling and is
personally known
to be such by
offender at the
time
of
the
commission
of
the crime
6. Child is below 7
7. Offender
is
afflicted with HIV
or aids or any
other stds
8. The offender is
member of the
AFP,
paramilitary, or the
PNP, when the
offender
took
advantage of his
position
9. Victim
suffered
permanent
mitilation
or
disablility
10.
Offender
knew
of
the
pregnancy of the
offended party at
the
time
of
commission
of
the crime
11.
Offender
knew
of
the
mental disability,
emotional
disorder
or
physical
handicap of the
accused
Bouncing Check
ART. 332. Persons exempt from criminal liability. No criminal, but only civil liability shall
result from the commission of the crime of theft, swindling, or malicious mischief committed
or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The absolutory cause under Article 332 of the Revised Penal Code only applies to
the felonies of theft, swindling and malicious mischief.
Qualified trespass to dwelling is committed when any private person shall enter the
dwelling of another against the latters will. It shall be punished in its maximum
penalty if it is committed by means of violence and intimidation.
Title XI
Private Crimes Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
Cannot be prosecuted except upon the complaint initiated by the offended
party
Adultery
The elements of adultery are: wman is married
That she has sexual intercourse with a man not her husband
That as regards with the man whom she has sexual intercourse, he must
know her to be married
Adultery is mitigated if wife was abandoned without justification by
offended spouse
Concubinage
The elements of concubinage are: (1) The man is married (2) that he
committed any of the following acts (a) keeping a mistress in the conjugal
dwelling (b) having sexual intercourse with a woman not his wife under
scandalous circumstances (c) cohabiting with her in any other place (3)
the woman must know the husband to be married
Scandal reprehensible word/deed that offends public conscience,
redounds to the detriment of feelings of persons and gives occasion to the
neighbors spiritual damage and ruin imprudent and wanton as to offend
modesty and the ense of morality and decency
Carried out in the manner of husband and wife for such time
Acts of lasciviousness
Definition