CHAPTER 2: CRIMES AGAINST PERSONS AND OTHER SPECIAL PENAL LAWS

Crimes against person coverage:

  • art 246 Parricide

  • art 248 Murder

  • art 249 Homicide

  • art 255 Infantacide

  • art 258 Abortion

  • art 263 Physical Injuries

  • art 266 Rape (amended by R.A. 8353 and R.A. 11648

Essential Provisions of:

  • R.A. 8049 - Anti Hazing Law’ as amended by 11648

  • R.A. 7877 - Anti sexual harassment Law

  • R.A. 11313 - Safe Space Act

ARTICLE 246 PARRICIDE

Parricide is committed when:

  1. a person is killed

  2. the deceased is killed by the accused

  3. the deceased is the father, mother, or child, whether legitimate or illegitimate; a legitimate other than ascendant or descendant; or legitimate spouse of the accused.

  4. the child should not be less than 3 days old. otherwise, the offense is infanticide.

A stranger who cooperates in committing parricide is liable for murder and homicide.

  • since parricide is a crime of relationship, if a stranger conspired to commit the crime, he cannot be held liable for parricide. his participation would make him liable for murder or homicide, as the case may be.

  • even if the offender did not know that the person he had killed is his son he is still liable for parricide because the law does not require knowledge of the relationship.

Article 248 MURDER

Murder is the killing of another attended by a qualifying circumstance.

that the killing was attended by any of the following qualifying circumstances;

  1. Treachery (alivocia)

  2. for price, reward, or promise

  3. by means of inundation, fire poison, explosion, shipwreck, stranding of vessel, derailment, or assault

  4. on occasion of any of the calamities

  5. with evident premeditation

  6. with cruelty

Article 255 - Infanticide

committed by any person who shall kill any child less than three days of age (less than 72 hours).

  • when the offender is the father, mother, or legitimate ascendant, he shall suffer the penalty prescribed for parricide. if the offender is any person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide.

  • even if the killer is the mother or the father or the legitimate grandparents, the crime is still infanticide and not parricide. the penalty, however, is that for parricide.

Article 258 Abortion

the killing of a fetus in the womb.

a violent expulsion of a human fetus from the maternal womb which results in death.

  • Under Article 40 of the civil code, birth determines personality. a person is considered born when the umbilical cord is cut. he then acquires a personality separate from the mother.

  • Even though the umbilical cord has been cut, Article 41 of the civil code provides that if the fetus had an intra-uterine life of less than seven months, it must survive at least 24 hours after the umbilical cord is cut for it to be considered born.

Article 249 - Homicide

it is the killing of any person that does not constitute parricide, murder, or infanticide and is not attended by any qualifying circumstance.

intent to kill is conclusively presumed when death results. hence evidence of intent to kill is required only in attempted or frustrated homicide.

DISTINCTION BETWEEN HOMICIDE AND PHYSICAL INJURIES

  • In attempted or frustrated homicide, there is intent to kill

  • in physical injuries, there is no intent to kill

however, if as a result of the physical injuries inflicted, the victim dies, there crime will be homicide. because the law punishes the result and not the intent of the act.

ARTICLE 263 SERIOUS PHYSICAL INJURIES

occur when the victim loses any part of the body, becomes insane, impotent, or blind up until the victim is incapacitated for more than thirty days.

ARTICLE 265 LESS SERIOUS PHYSICAL INJURIES

occurs when the victim is incapacitated for ten days or more but less than 30 days.

ARTICLE 266 SLIGHT PHYSICAL INJURIES

occurs when the physical injuries do not require medical assistance (if medical assistance is required, the range is 1 to 9 days) or do not prevent the victim from working.

ARTICLE 266 (AMENDED BY RA 8353, FURTHER AMENDED BY RA 11648)

rape: when and how committed:

  1. by a man who shall have carnal knowledge of a woman under any of the following circumstances:

    • through force, threat, or intimidation

    • when the offended party is deprived of reason or otherwise unconscious.

    • by means of fraudulent machination or grave abuse of authority.

    • when the offended party is under 16 years of age or is demented, even though none of the circumstances mentioned above is present:

    provided, that there shall be no criminal liability on the part of a person having carnal knowledge of another person under 16 years of age when the age difference between the parties is not more than 3 years, and the sexual act in question is proven to be consensual, non-abusive and non-exploitative:

    provided, further, that if the victim is under 13 years of age, this exception shall not apply.

  1. by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital ora nal orifice of another person.

the supreme court then concluded that mere introduction” however slight, into the cleft of labia major by a penis that is capable of penetration, regardless of whether such penile penetration is thereafter fully achieved, consummate the crime of rape.

R.A. 8049 “anti-hazing law'“ as amended by R.A. 11053

Hazing - refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority or organization.

all forms of hazing shall be prohibited in:

Fraternities and sororities, community-based organizations, school organizations, any business or corporation, citizens military training, and citizen’s army training.