[CRIM 2] Crimes Against Persons: Killing

What are the elements of parricide

1. A person is killed;

2. A person is killed by the accused

3. Deceased is:

   1. Father

   2. Mother

   3. Child

   4. Other ascendants or descendants

   5. Spouse

Does killing a common law spouse qualify as parricide?

No

Sino ang pasok sa parricide? (Specify illegitimacy, legitimacy)

• Father (L/I)

• Mother (L/I)

• Child (L/I)

• Other ascendants or descendants (L only)

• Spouse (legally married)

Are in-laws considered family members in parricide?

No (People v. Jumawan)

What is the penalty for parricide?

Reclusion perpetua to death

What if you were gonna’ kill a stranger but you end up killing a family member instead — is that considered parricide?

Yes, it’s still considered parricide

Can strangers assisting in parricide be charged with parricide?

No, because they have no familial relationship with the victim

Can relationship still be considered an aggravating circumstance in parricide, even if not alleged in the information?

Yes

What is the penalty for frustrated parricide?

What is your legal basis

Art. 250 → 1 or 2 levels down (Court’s discretion)

What are the elements of infanticide

1. A child is killed

2. The child is less than 3 days (72 hours) old

3. Accused killed the child

What is the penalty for infanticide if the infant is killed by the father / mother / legitimate ascendant?

Penalty for parricide (reclusion perpetua to death)

What is the penalty for infanticide if the infant is killed by a stranger

Penalty for murder (reclusion perpetua to death)

What is the penalty for infanticide if the infant is killed by mother to hide dishonor

Prision mayor in medium to maximum periods

Does the mother concealing dishonor have to be of good reputation

Apparently, yes

What is the penalty for infanticide if the infant is killed by maternal grandparents to hide dishonor

Reclusion temporal

What are the elements of homicide

1. A person was killed

2. Accused had intention to kill (presumed via overt acts)

3. Killing was not attended by

   1. Any qualifying circumstance;

   2. Any justifying circumstance;

   3. Parricide; or

   4. Infanticide

If wounds causing death were inflicted by 2 different persons, not in conspiracy, who is considered guilty of homicide?

Both of them lol

Does the use of an unlicensed firearm constitute an aggravating circumstance in homicide? Or will it be elevated to murder?

Aggravating circumstance only

What is the penalty for homicide

Reclusion temporal

What is the penalty for frustrated homicide?

What is your legal basis

Art. 250 → 1 or 2 levels down (Court’s discretion)

What are the qualifying circumstances of murder?

1. Treachery, taking advantage of superior strength, with aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity

2. In consideration of a price, reward, or promise

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity

5. WIth evident premeditation

6. With cruelty, by deliberately and inhumanely augmenting the suffering of the victim, or outraging or scoffing at his person or corpse

What happens if there are 2+ qualifying circumstances for murder?

Only one is needed to qualify for murder

If 2+ → the others are generic aggravating circumstances

Do the qualifying circumstances have to be alleged in the information

Yes; otherwise, dili pwede

What is the penalty for murder

Reclusion perpetua to death

Does the killing of a child automatically make it treachery

Well yes

What are the two kinds of deaths under ‘Deaths or physical injuries inflicted under exceptional circumstances’?

• Seduction

• Mid-Sex Catching

What are the elements for seduction under Art. 247 (Death or physical injuries inflicted under exceptional circumstances)

1. Parent surprises daughter

2. In the act of committing sexual intercourse

3. Daughter is less than 18 years old

4. Daughter is living with her parents

5. Kills / inflicts injury on both or any of the parties during or immediately thereafter

6. Parent did not promote or facilitate prostitution

Are deaths under exceptional circumstances considered a felony?

No

What is the “penalty” for deaths or physical injuries inflicted under exceptional circumstances?

Destierro

What are the elements for Mid-Sex Catching under Art. 247 (Death or physical injuries inflicted under exceptional circumstances)

1. Legally married person surprises spouse

2. In the act of committing sexual intercourse

3. Kills / inflicts injury on both or any of the parties during or immediately thereafter

4. Did not promote or facilitate prostitution

What are the elements for unintentional abortion

1. There is a pregnant woman

2. Violence is used upon the pregnant woman without intending an abortion

3. Violence is intentionally exerted

4. As a result of the violence, the fetus dies

   1. In the womb; or

   2. After being expelled

What is the penalty for unintentional abortion

Prision correccional in its minimum and medium period

What is your crime if you commit parricide and unintentional abortion

Complex crime of parricide with unintentional abortion

What are the elements of mutilation (castration)

1. Mutilation of organs necessary for generation (e.g. penis, ovarium)

2. Mutilation is caused purposely and deliberately to deprive the party of some essential organ for reproduction

Is vasectomy mutilation

No, because it’s reversible

Define mutilation

Lopping or the clipping off of some part of the body

What constitutes less serious physical injuries

• Incapacitated / needs medical attendance for 10+ days, not exceeding 30

• Physical injuries must not be those listed in the preceding articles

What constitutes qualified less serious physical injuries

• Fine not exceeding Php 50,000 + arresto mayor when...

↳ Manifest intent to insult or offend the injured person

↳ There are circumstances adding ignominy to the offense

• Prision correccional (min-med) imposed when the victim is either

↳ Offender's parents, ascendants, guardians, curators, or teachers; or

↳ Persons of rank or persons in authority, provided the crime is not a direct assault

Is medical attendance or incapacity required in less serious physical injuries

Yes

What if the injury is like super minor; less than 10 days — less serious physical injuries gihapon?

Pwede unjust vexation

What circumstances are inherent in poison (and thus cannot be alleged as separate circumstances)

• Treachery

• Evident premeditation

Are adopted children considered legitimate within the contemplation of this provision?

No

What happens if the relationship of the offender is not alleged in the information?

Mere aggravating circumstance

Is there a requirement of knowledge of the relationship?

No

Define tumultuous affray

• Several persons

• Do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally

• Confused commotion