13 Homicide, Murder, Infanticide, Abortion Oct 2023

Four years and two months

What is the maximum prison term for reckless imprudence resulting in homicide?

Yes.

(The maximum prison time for reckless imprudence resulting in homicide is 4 years and 2 months which is less than 6 years, therefore, the physician may apply for probation.)

A surgeon inadvertently pierced the abdominal aorta of a patient undergoing an exploratory laparotomy which caused the eventual death of the patient. The surgeon was eventually convicted with reckless imprudence resulting in homicide. Can he avoid jail time?

Aggravating circumstance

Both homicide and murder involves intent to kill, what upgrades homicide to murder?

(1) Treachery

(2) Use of superior force, means to weaken defense, persons, and night time

(3) Done during a shipwreck, conflagration, epidemic, or other public calamities

(4) Done in the presence of the chief executive or the palace grounds

(5) With cruelty, by deliberately and inhumanely augmenting the suffering of the victim, or outraging or scoffing at the person or corpse

(6) For a price, reward, or promise

(7) Evident premeditation

Aggravating circumstances in murder

Premeditation

There is a previous decision to commit the crime, there are acts proving that they were determined to commit the crime, and there was enough time to reflect upon the consequences (e.g., planning ahead)

Treachery

(The victim did not have a chance to defend himself since he was shot from the back)

A 40-year old man was killed by his business partner. On autopsy, three entry wounds were identified, all located on the back of the victim, piercing through and hitting his vital organs. Identify the possible aggravating circumstance:

Use of superior force

A 35-year old man was killed by a group of 10 armed men hired by a lender to whom he has a huge debt. Identify the possible aggravating circumstance:

Done during a calamity

During the evacuation of barangay Uno due to a landslide, Onding took the opportunity to kill his neighbor. This case will automatically be upgraded to murder because of this aggravating circumstance:

Committed in the presence of the chief executive or in the palace grounds

The mayor of barangay Uno was killed during his meeting with the president. Identify the aggravating circumstance:

Evident premeditation

Berto observed the daily routine of his wife's lover, after weeks of waiting for the perfect opportunity, he eventually killed the lover. Identify the aggravating circumstance that will make this a murder case:

In consideration of a price or reward

A hired gunman was paid P200,000 to kill the mayor of barangay Uno. Identify the aggravating circumstance that will make this a murder case:

Attempted murder

Alex, out of spite, aimed his gun at Albert with the intent to kill him. Luckily, Amiel intervened on time and grabbed the gun from Alex. Identify the type of murder:

Frustrated murder

Alex shot Albert three times on the chest. Albert arrived in a critical condition at a nearby hospital, luckily, he survived due to the timely surgical intervention. Identify the type of murder:

Consummated murder

Alex shot Albert three times on the chest. Albert arrived at the hospital with no pulses and breathing, efforts to revive him were not successful and he was eventually pronounced dead. Identify the type of murder:

Proof of birth

Requirement for the crime of infanticide

Infanticide

Killing of a child less than 3 years old:

(1) Violence

(2) Drugs

(3) Beverages

Agents / acts used to cause an abortion under Philippine Law

The woman's boyfriend

A pregnant woman went to an abortion clinic, and had her boyfriend accompany her because she was scared. The abortion was done by the doctor and his assistant. Who is exempted from punishment?

Prision Correccional in its minimum and medium period

Penalty for unintentional abortion

Prision mayor

Any person who shall intentionally cause abortion without using violence and without the consent of the woman

Reclusion temporal

Any person who shall intentionally cause an abortion with the use of any violence upon the pregnant woman

Prision correccional in its maximum period

Penalty for a doctor performing dilatation and curettage to pregnant patients at their request