Penal Classification of Violent Deaths

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57 Terms

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accidental/negligent, suicidal, parricidal, infanticidal, murder, homicidal, death under special circumstances

penal classification of violent deaths (7)

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Accidental death

refers to a situation where a person dies due to an event that is unforeseen, unintentional, and without malice or criminal intent on the part of the accused.

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Accidental death

The Revised Penal Code (RPC) addresses this primarily under Article 12 (Exempting Circumstances) and Article 365 (Reckless Imprudence and Negligence).

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Article 12, Paragraph 4 - Exempting circumstance

Exempts a person from criminal liability if the death or injury was caused by a "pure accident" without fault or negligence on their part. (specify art.)

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Article 365 - reckless imprudence and negligence

Imposes liability for deaths caused by imprudence, negligence, or lack of foresight, even if the act was unintentional. (specify art.)

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Pure Accident

Defined as an event that occurs by chance, without intention, fault, or negligence. The accused must prove that the event was entirely beyond their control and that they exercised due diligence to prevent harm.

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pure accident, reckless imprudence

Accidental death 2 distinctions

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Reckless Imprudence Resulting in Death

Occurs when a person, through inexcusable lack of precaution or negligence, causes the death of another. The act is unintentional, but the lack of foresight or care makes the offender criminally liable.

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Article 253 - giving assistance to suicide

This provision criminalizes the act of aiding or encouraging another person to commit suicide, as well as the consequences of such acts. (specify art.)

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Article 253 - giving assistance to suicide

Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed." (specify art.)

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assistance to suicide

1. The offender assists another person in committing suicide.

2. The assistance may include providing the means (e.g., poison, weapon) or directly aiding in the act.

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inducement to suicide

1. The offender induces or encourages another person to commit suicide.

2. Inducement involves persuasion or influence that leads the victim to take their own life.

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Killing on Behalf of the Victim

1. If the offender directly performs the act of killing at the victim's request, the penalty is more severe (reclusion temporal).

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Attempted Suicide

If the suicide is not consummated, the penalty is reduced to arresto mayor in its medium and maximum periods (1 month and 1 day to 6 months).

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assistance, inducement, killing on behalf of the victim, attempted suicide

key elements of giving assistance to suicide (4)

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Article 246 - Parricide

It involves the unlawful killing of a specific set of relatives by the offender. The crime is considered heinous due to the breach of familial trust and the sanctity of family relationships. (specify art.)

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Article 246 - Parricide

Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death." (specify art.)

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Article 255 - Infanticide

It refers to the killing of a child less than three (3) days old. The law recognizes the unique circumstances surrounding this crime, particularly the emotional and psychological state of the offender, often the mother, and the societal stigma that may drive such acts. (specify art.)

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Article 246 - Parricide

1.A person is killed – There must be a victim who has been unlawfully killed.

2.The deceased is related to the offender – The victim must be: 1. The father or mother (ascendants), 2. A child (descendants), whether legitimate or illegitimate, 3. Any other ascendant or descendant, or 4. The spouse of the offender.

3.The offender is the one who killed the victim – The act of killing must be directly attributable to the accused.

(specify art.)

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Article 255 - Infanticide

1.A child less than three (3) days old was killed. • The victim must be a newborn, defined as less than 72 hours old.

2.The accused caused the death of the child. • The act of killing must be proven, whether through direct or circumstantial evidence.

3.The killing does not fall under justifiable or excusable circumstances. • The act must be unlawful and intentional.

(specify art.)

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Article 248 - Murder

It is distinguished from homicide by the presence of qualifying circumstances that elevate the crime to murder. These circumstances demonstrate a higher degree of criminal intent or depravity, warranting a more severe penalty. (specify art.)

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Article 248 - Murder

Any person who, not falling within the provisions of Article 246 (parricide), shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances:

  1. With treachery (alevosia);

  2. Taking advantage of superior strength;

  3. With the aid of armed men, or employing means to weaken the defense or ensure impunity;

  4. In consideration of a price, reward, or promise;

  5. 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;

  6. 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

  7. With evident premeditation

  8. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse."

(specify art.)

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Treachery (Alevosia)

(murder qualifying circumstance) The offender employs means, methods, or forms in the execution of the crime that ensure its success without risk to the offender from any defense the victim might make. Example: A sudden and unexpected attack on an unarmed victim.

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Taking Advantage of Superior Strength

(murder qualifying circumstance) The offender uses excessive force or physical advantage to overpower the victim. • Example: A group of armed men attacking a lone, unarmed individual.

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With the Aid of Armed Men or Means to Weaken Defense

(murder qualifying circumstance) The offender uses weapons or other means to render the victim defenseless. • Example: Shooting a victim who is tied up.

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In Consideration of a Price, Reward, or Promise

(murder qualifying circumstance) The killing is motivated by monetary or other material gain. • Example: A hired assassin killing someone for payment.

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By Means of Inundation, Fire, Poison, Explosion, etc.

(murder qualifying circumstance) The killing is carried out using methods that cause widespread destruction or suffering. • Example: Poisoning a group of people.

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On Occasion of a Calamity or Public Emergency

(murder qualifying circumstance) The crime is committed during a natural disaster or public emergency, taking advantage of the situation. • Example: Killing someone during a typhoon or earthquake.

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Evident Premeditation

(murder qualifying circumstance) The offender planned the killing in advance, demonstrating deliberate intent. • Example: Stalking a victim for days before carrying out the crime

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Cruelty

(murder qualifying circumstance) The offender deliberately increases the victim's suffering or desecrates the corpse. 2. Example: Torturing the victim before killing them

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Article 249 - Homicide

refers to the unlawful killing of a person without the qualifying circumstances that would elevate the crime to murder, parricide, or infanticide. It is a crime mala in se, meaning it is inherently wrong and punishable regardless of specific laws. (specify art.)

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Article 249 - Homicide

Any person who, not falling within the provisions of Article 246 (parricide) or Article 248 (murder), shall kill another, shall be guilty of homicide and be punished by reclusion temporal. (specify art.)

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Article 249 - Homicide

1.A person was killed.

2.The accused killed the victim without any justifying circumstance (e.g., self-defense).

3.The killing was not attended by any qualifying circumstances that would elevate it to murder.

4.The accused had the intent to kill, which is presumed from the use of a deadly weapon or the nature of the attack.

(specify art.)

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Article 247 - Death Under Special Circumstances

provides a unique legal provision that grants a privilege or benefit to a legally married person (or a parent) who, upon surprising their spouse (or daughter under 18 years of age and living with them) in the act of committing sexual intercourse with another person, kills or inflicts serious physical injuries on any or both of them. (specify art.)

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Article 247 - Death Under Special Circumstances

This article does not define a crime but instead mitigates the penalty for what would otherwise be considered parricide, homicide, or physical injuries. The penalty imposed is destierro (banishment), which is not a punishment but a protective measure for the accused. (specify art.)

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Article 247 - Death Under Special Circumstances

Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. (specify art.)

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Article 247 - Death Under Special Circumstances

  1. Surprise in the Act: The accused must have surprised their spouse (or daughter under 18 years old and living with them) in the act of committing sexual intercourse with another person.

  2. Immediate Reaction: The killing or infliction of serious physical injuries must occur in the act or immediately thereafter.

  3. No Consent or Facilitation: The accused must not have promoted or facilitated the prostitution of their spouse or daughter, nor consented to their infidelity.

(specify art.)

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judicial deaths, euthanasia

Special deaths (2)

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RA 7659

The death penalty was reintroduced in the Philippines through ___ (1993), also known as the Death Penalty Law.

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RA 7659

This law imposed capital punishment for certain heinous crimes, such as rape, murder, and drug-related offenses, amending the Revised Penal Code and other special laws. The law justified the death penalty as a response to the alarming rise in heinous crimes, which were deemed grievous, odious, and repugnant to societal norms

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RA 9346

In 2006, the Philippines abolished the death penalty through ___, replacing it with reclusion perpetua or life imprisonment. This reflects a shift toward restorative justice and compliance with international human rights standards.

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hanging, electrocution, lethal injection

Methods of Judicial death (3)

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Hanging (1902)

Act No. 451 abolished the use of the garrote and replaced it with __ as the method of execution. This law applied to individuals sentenced to death after its enactment on September 2, 1902.

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Electrocution (1923)

Act No. 3104 introduced __ as the method of execution, replacing hanging. It also provided for the humane treatment of the convict during the execution process, including the option to be anesthetized at the moment of electrocution.

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Lethal Injection (1996)

Republic Act No. 8177 designated ___ as the method of carrying out the death penalty, amending Article 81 of the Revised Penal Code. The law emphasized minimizing the suffering of the convict and required proper training for personnel administering the injection. It also mandated certification of death by an authorized physician.

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Euthanasia

often referred to as "mercy killing," involves the deliberate act of ending a person's life to relieve them from suffering, typically due to a terminal illness or severe pain

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Right to Life (Article 2, Section 11)

The Philippine Constitution upholds the sanctity of life, declaring that the State values the dignity of every human person and guarantees full respect for human rights. This provision is often cited as a basis for opposing euthanasia.

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Code of Ethics of the Medical Profession

The ___ in the Philippines prohibits doctors from participating in euthanasia, emphasizing the duty to preserve life.

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RA 349 (1949)

While this law allows individuals to donate their organs or body parts for medical purposes after death, it does not legalize euthanasia. The act of hastening death to facilitate organ donation remains illegal.

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legalized euthanasia

• The Netherlands (2002)

• Belgium (2002, with adjustments in 2021)

• Luxembourg (2008)

• Colombia (2015, with adjustments in 2018)

• Australia (Victoria and Western Australia) (2019)

• Canada (medical assistance in dying (MAID) (2016, with adjustments in 2021)

• Spain (2021)

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The Netherlands (2002)

Age limitation:

• Less than 12 years old: no request in possible

• 12-16 years old: with permission of parents

• 16-18 years old: the parents must be informed.

Grounds:

• Unbearable suffering

• Medical based

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Belgium (2002, with adjustments in 2021)

Age Limitations:

• No limitations in age

Ground:

• Medically incurable condition with unbearable mental or physical suffering.

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Luxembourg (2008)

Age Limitation:

• 16-18: with consent of parents.

Ground:

• Incurable condition with constant unbearable suffering and no prospect of improvement.

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Colombia (2015, with adjustments in 2018)

Age Limitation:

• 7-14 years: with permission of parents.

• More than 14 years: no consent needed.

Ground:

• Terminal phase of a disease

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Australia (Victoria and Western Australia) (2019)

No Age limitation.

Ground:

• Illness leading to suffering and death expected within 6 months.

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Canada (medical assistance in dying (MAID) (2016, with adjustments in 2021)

Age Limitation: more than 18 years old.

Ground: Grievous and irremediable medical condition with enduring and unbearable physical and psychological suffering

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Spain (2021)

No limitations in Age.

Ground:

• Serious and incurable disease or suffering from a serious, chronic and disabling disease.