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Persons
Parricide
Elements:
NOTE:
Essential element:
TO REMEMBER:
Supreme Court ruled that Muslim husbands
Murder
NOTE:
One attendant qualifying circumstance is
enough. If there are more than one alleged in
the information for murder, only one will
qualify the killing to murder and the other
circumstances will be taken as generic
aggravating circumstance.
Any of the qualifying circumstances
TREACHERY
The essence of treachery is that the
qualified by treachery.
FIRE
When a person is killed by fire, the primordial
CRUELTY
Under Article 14, the generic aggravating
Homicide
Elements:
(1) Person was killed;
(2) Offender killed him without any
justifying circumstances;
(3) Offender had the intention to kill, which
is presumed;
(4) Killing was not attended by any of the
qualifying circumstances of murder, or by
that of parricide or infanticide
NOTE:
Use of unlicensed firearm is an
aggravating circumstance in
homicide.
Infanticide
Elements:
(1) A child was killed by the accused;
(2) The deceased child was less than 3 days
old.
Intentional Abortion
Ways of committing intentional abortion:
(1) Using any violence upon the person of the
pregnant woman;
(2) Acting, but without using violence, without the
Unintentional Abortion
Elements:
(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) Result of violence fetus dies, either in the
womb or expelled therefrom
NOTE:
Unintentional
abortion
requires
physical
violence
inflicted
deliberately and voluntarily by a third
person upon the pregnant woman,
without intention to cause the
abortion.
NOTE:
If the pregnant woman aborted
Physical Injuries
Mutilation
CASTRATION - intentionally mutilating another
by depriving him, either totally or partially, of
some essential organ for reproduction
MAYHEM
intentionally
making
other
mutilation other than some essential organ
for reproduction and to deprive him of that part
of the body
By wounding;
By beating;
By assaulting; or
By administering injurious
substance. (Art. 264)
Serious Physical
Injuries
(7) loses the use thereof; or
(8) becomes ill or incapacitated for the
Slight Physical
Injuries
Physical
injuries incapacitated
the offended party for labor from
1-9 days, OR required medical
attendance during the same
period;
NOTE:
Slapping the offended party is a form of illtreatment which is a form of slight physical
injuries.
But if the slapping is done to cast dishonor
upon
the person slapped, or to humiliate or
embarrass
the offended party out of a quarrel
or anger, the crime is SLANDER BY DEED.
Rape
Mode 1:
Rape
through
intercourse
consent of the
(Traditional Rape)
sexual
without
woman:
Crimes Against
Chastity
Adultery
Elements:
(1) that the woman is married;
(2) that she has sexual intercourse with a
man not her husband;
(3) that as regards the man with whom she
has sexual intercourse: he must know her to
be married.
Concubinage
Elements:
(1) That the man must be married;
(2) That he committed any of the following
acts:
(a) keeping a mistress in the conjugal
dwelling;
(b)Having sexual intercourse under
scandalous circumstance with a woman
not his wife;
(c) Cohabiting with her in any other
place;
(3) That as regards the woman, she must
Sample Question:
Suspecting that her husband of twenty years
was having an affair, Leilanie hired a private
investigator to spy on him. After two weeks, the
private investigator showed Leilanie a video of
her husband having sexual intercourse with
another woman in a room of a five-star hotel.
Based on what she saw on the video, Leilanie
accused her husband of concubinage.
Will the case of concubinage prosper?
Answer:
NO.
TO REMEMBER:
The woman only becomes liable only if she
Acts of Lasciviousness
Elements:
(1) That the offender commits any act of lasciviousness or
lewdness;
(2) That the is committed against a person of either sex;
(3) That is done under any of the ff. circumstances:
(a) By using force or intimidation; or
(b) When the offended party is deprived of reason or
otherwise unconscious;
(c) When the offended party is under 12 years of age or
is demented.
NOTE:
Lewd
Qualified Seduction
Elements:
(1) That the offended party is a virgin, which is
presumed if she is unmarried and of good reputation;
(2) That the she must be over 12 and under 18 yrs. of
age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence,
or relationship on the part of the offender.
SEDUCTION
-Enticing a woman to unlawful sexual
intercourse by promise of marriage or other
means of persuasion without use of force. It
applies when there is abuse of authority
(qualified seduction) or deceit (simple
seduction).
NOTE:
Virgin - a woman of chaste
Simple Seduction
Elements:
1) That the offended party is over 12 and
under 18 years of age;
2) That she is of good reputation, single or
widow;
3) That the offender has sexual intercourse with
her;
4) That it is committed by means of deceit.
NOTE:
Promise of marriage after sexual
intercourse
deceit.
does
not
constitute
Forcible Abduction
Elements:
(1) The person abducted is any woman,
regardless of her age, civil status or reputation;
(2) The abduction is against her will;
(3) The abduction is with lewd designs.
Abduction
Abduction the taking away of a woman from
her house or the place where she may be for
the purpose of carrying her to another place
with the intent to marry OR to corrupt her.
2 KINDS OF ABDUCTION
Two kinds of abduction:
(1) Forcible abduction (Art. 342)
(2) Consented abduction (Art. 343)
NOTE:
Forcible Abduction
Purpose
is to
effect his lewd
designs on the
victim.
Corruption of
Minors
Purpose is to lend
NOTE:
Forcible Abduction
Serious Illegal
Detention
There is
There is
deprivation of
liberty and lewd
designs.
deprivation of
liberty and no
lewd designs.
NOTE:
Forcible Abduction
with Rape
Kidnapping (with
rape)
The violent
taking of the
woman is
motivated by
lewd designs.
Not so motivated
Consented Abduction
Elements:
(1) Offended party is a virgin;
(2) She is over 12 and under 18 yrs. of age;
(3) Offender takes her away with her
consent, after solicitation or cajolery from the
offender;
(4) The taking away is with lewd designs.
Adultery
Concubinage
Seduction
Abduction
Acts of lasciviousness
Adultery and
Concubinage
Who may file the complaint: Adultery and
NOTE:
The State may also file the complaint as
parens
party:
patriae
1 . dies or
2. becomes
when
the
offended
NOTE:
Those guilty of rape, seduction or abduction:
(1) To indemnify the offended woman
(2) To acknowledge the offspring, unless the law should
prevent him from doing so
(3) In every case to support the offspring, EXCEPT:
(a) in cases of adultery and concubinage
(b) where either of the offended party or accused is
married
(c) when paternity cannot be determined, such as in
multiple rape
(d) other instances where the law prevents such
Usurpation of Civil
Status
This crime is committed when a person
STATUS
profession.
seems
to
include
ones
Bigamy
Elements:
(1) Offender has been legally married;
(2) The marriage has NOT been legally dissolved
or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according
to the Civil Code;
(3) He contracts a second or subsequent
marriage;
(4) The second or subsequent marriage has all the
essential requisites for validity.
NOTE:
Good faith is a defense in bigamy.
Failure to exercise due diligence to
Sample Question:
Raissa and Martin are married to each other but
had been separated for the last five years. Raissa
decided to wed Juan, her suitor. Who had no inkling
that she was married. Raissa and Juan accomplished
an application for marriage license which they
subscribed and swore to before the Local Civil
Registrar. Raissa declared, in the application, that
she is single. The marriage licensed was issued. In
due time, the couple were married by the mayor.
Raissa and Juan had their first sexual intercourse
later in the evening.
What crime or crimes, if any, did Raissa commit?
Answer:
Raissa committed bigamy for contracting a
second marriage while her first marriage is still
subsisting (Art. 349, RPC).
She is also guilty of perjury for making
untruthful statements under oath or executing an
affidavit upon a material matter, when she declared
she was not married in the application for marriage
license a public document (Art. 171, RPC).
Lastly, she is also guilty of adultery (Art. 333,
RPC) for having sexual intercourse with Juan,
although she is a married woman.
Crimes against
Honor
Libel
Elements:
(1) There must be an imputation of
(a) a crime,
(b) a vice or defect, real or imaginary, OR
(c) any act, omission, condition, status, or
circumstance;
(2) The imputation must be made publicly;
(3) It must be malicious;
(4) The imputation must be directed at a natural or
juridical person, or one who is dead;
Defamation is composed
of:
(1) Libel written defamation
(2) Slander- oral defamation
(3) Slander by deed defamation through
acts
NOTE:
It is essential that the victim be identifiable,
NOTE:
Doctrine of fair comment:
Sample Question:
True or False.
Answer:
FALSE.
Slander
Slander, or oral defamation is composed of
two kinds:
(1) Simple slander
(2) Grave slander
Illustration of grave
slander:
A woman of violent temper hurled at
Illustration of simple
slander:
(1) Calling a person a gangster
(2) Uttering defamatory words in the heat of
Slander by Deed
Elements:
(1) Offender performs any act not included in
any other crime against honor;
(2) Such act is performed in the presence of
NOTE:
Slander by deed is of two kinds
(1) Simple slander by deed
(2) Grave slander by deed
NOTE:
There
is no fixed standard
determining whether a slander
serious or not;
hence
in
is
Incriminating innocent
person
As far as this crime is concerned, this has
Quasi-Offenses
Imprudence and
Negligence
IMPRUDENCE
NEGLIGENCE
Both indicate a
deficiency of
action
Failure in
precaution
Both indicate a
deficiency of
action
Failure in
advertence