CRIMINAL LAW 2

LECTURE-16Houprs
PE-8 HOURS
CRIMES AGAINST PERSON
PARRICIDE
MURDER
HOMICIDE
INFANTICIDE
PHYSICAL INJURIES
RAPE
 ART. 246. PARRICIDE
1. That a person is killed

2. That the deceased is killed by

the accused
 ART. 246. PARRICIDE
3. That the deceased is the father,
mother, or child, whether legitimate or
illegitimate, or a legitimate other
ascendants, or other descendant, or the
legitimate spouse, of the accused.
◦ -relationship is a Qualifying
Circumstance. It must be alleged in the
information otherwise you can only
indict HOMICIDE.
 ART. 247. Death or Physical injuries
inflicted under exceptional circumstances
-Legally married/parent
-in the act
-inflicted injury/killed(immediately)
 ART. 248. MURDER
1. That a person was killed.

2. That the accused killed

him.
 ART. 248. MURDER
3. That the killing was attended by
any of the qualifying circumstances
mentioned in Article 248.
4. The killing is not parricide or
infanticide.
 QUALIFYING CIRCUMSTANCES
OF MURDER
1. With TREACHERY, taking advantage of
superior strength, with the AID OF ARMED
MEN, or employing means to weaken the
defense or of means or persons to insure or
afford impunity.
QUALIFYING CIRCUMSTANCES
OF MURDER
2. In consideration of a PRICE,
REWARD OR PROMISE.
QUALIFYING CIRCUMSTANCES
OF MURDER
3. By means of INUNDATION, FIRE, POISON,
EXPLOSION, SHIPWRECK, STRANDING OF A
VESSEL, DERAILMENT or assault upon a street
CAR OR LOCOMOTIVE, fall of an airship, by
means of motor vehicles, or with the use of any
other means involving great waste and ruin.
 QUALIFYING CIRCUMSTANCES
OF MURDER

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 any other
public calamity.
 QUALIFYING CIRCUMSTANCES
OF MURDER
5. With EVIDENT PREMEDITATION.

6. With CRUELTY, by deliberately and

inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or
corpse.
 QUALIFYING CIRCUMSTANCES
OF MURDER
-outraging at his person or corpse:
1. anal intercourse with a woman after killing her;
2. Dismembering and cutting off the head and
limbs and opening up the body to remove the
organs
 QUALIFYING CIRCUMSTANCES
OF MURDER
-scopping at his corpse:
1. Killing and removing the intestine of the
victim and hunging it around the neck of the
victim’s brother
2. Killing and making the lungs and liver as
“pulutan”
 ART. 249. HOMICIDE
unlawful killing of any person, which is
neither parricide, murder nor infanticide.
 ART. 249. HOMICIDE
1. That a person was killed.

2. That the accused killed him without any

justifying circumstances.
 ART. 249. HOMICIDE
3. That the accused had the intention
to kill, which is presumed.

4. That the killing was not attended by

any of the qualifying circumstances of
murder, or by that of parricide or
infanticide.
 ART. 249. HOMICIDE
Accidental Homicide
death of a perosn brought about
by a lawful act performed with proper
care and skill, and without homicidal
intent.
ART. 250. Death caused in
tumultuous affray
 ART. 250. Death caused in
tumultuous affray
WHO ARE LIABLE:
1. The person/s who inflicts the serious
physical injuries are liable
2. If it is not known who inflicted the
serious physical injuries on the
deceased, all persons who used
violence upon the persons of the victim
are liable, but with lesser liability.
 ART. 255. INFANTICIDE
1. That a child was killed.

2. That the deceased child was less than

three days (72 hours) of age.

3. That the accused killed the child.

 PHYSICAL INJURIES
MUTILATION
SERIOUS PHYSICAL INJURIES
ADMINISTERING INJURIOUS SUBSTANCE OR
BEVERAGES
LESS SERIOUS PHYSICAL INJURIES
SLIGHT PHYSICAL INJURIES AND MALTREATMENT
ART. 262. MUTILATION
MUTILATION
the lopping or the clipping off of
some part of the body.
ART. 262. MUTILATION
KINDS
1. By intentionally mutilating another
depriving him, either totally or partially,
of some essential organ for reproduction
ART. 262. MUTILATION
KINDS
2. By intentionally making other
mutilation, that is, by lopping or clipping
off any part of the body of the offended
party, other than the essential organ for
reproduction, to deprive him of that part
of his body.
ART. 262. MUTILATION
ELEMENTS
1. That there be castration, that is,
mutilation of organs necessary for
generation, such as the penis and
ovarium.
ART. 262. MUTILATION
ELEMENTS
2. That the mutilation is caused
purposely and deliberately, that is, to
deprive the offended party of some
essential organ.
ART. 262. MUTILATION
What if the wife chances upon the husband
having sex with another woman and cut off
his penis as a result=Art 247.
 ART. 263. SERIOUS PHYSICAL
INJURIES
IT IS COMMITTED BY:
1.By wounding
2.By beating
3.By assaulting
By administering injurious substance
(Art 264)
 ART. 263. SERIOUS PHYSICAL
INJURIES
1.When the injured person
becomes insane, imbecile,
impotent or blind in consequence
of the physical injuries inflicted.
 ART. 263. SERIOUS PHYSICAL
INJURIES
2.When the injured person:
(a) loses the use of speech or the power to
hear or to smell, or loses an eye, a hand, a
foot, an arm, or a leg, or
(b) loses the uses of any such member, or
 ART. 263. SERIOUS PHYSICAL
INJURIES
2.When the injured person:
(c) becomes incapacitated for the work in
which he was theretofore habitually
engaged, in consequence of the physical
injuries inflicted.
 ART. 263. SERIOUS PHYSICAL
INJURIES
3. When the person injured:
a) Becomes deformed, or
b)Loses any other members of his body, or
c)Loses the use thereof, or
 ART. 263. SERIOUS PHYSICAL
INJURIES
3. When the person injured:

d) Becomes ill or incapacitated for the

performance of the work in which he is
habitually engaged for more than 90 days,
in consequence of the physical injuries
inflicted.
 ART. 263. SERIOUS PHYSICAL
INJURIES
4. When the injured person
becomes ill or incapacitated for
labor for more than 30 days, as a
result of the physical injuries
inflicted.
 ART. 263. SERIOUS PHYSICAL
INJURIES
the provision shall not be applicable to a
parent who shall inflict physical injuries
upon his child by excessive chastisement
 ART. 264. ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES
1. That the offender inflicted upon another any
serious physical injury
2. That it was done by knowingly administering to
him any injurious substances or beverages or
by taking advantage of his weakness of mind
or credulity.
 ART. 264. ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES

3. That he had no intent to kill.

 ART. 265. LESS SERIOUS
PHYSICAL INJURIES
1. That the offended party is incapacitated for labor
for ten days or more (but not more than 30 days), or
needs medical attendance for the same period of
time.
2. That the physical injuries must not be those
described in the preceding articles
 ART. 266. SLIGHT PHYSICAL
INJURIES AND MALTREATMENT
1. Physical injuries which incapacitated the
offenone (1) to nine (9) days,ded party for labor
from or required medical attendance during the
same period.
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did nit require medical attendance.
 ART. 266. SLIGHT PHYSICAL
INJURIES AND MALTREATMENT
3. iIl-treatment of another by deed
without causing any injury.
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
This is no longer a private crime wherein
the consent of the accused is need to be
obtained to successfully sustain a
prosecution. Technically, anybody can file
(witness/interested party)
PUBLIC CRIME
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
When and How Committed- Rape is
committed—
1.) By a man who shall have carnal
knowledge of a woman under any of the
following circumstances:
a. Through force, threat, or intimidation; or
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
b. When the offended party is deprived of reason
or is otherwise unconscious;

-carnal act while offended

party is sleeping
- lethargy
-knocked unconscious
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
c. By means of fraudulent machination of grave abuse
of authority;
-taking advantage of moral ascendency over the victim.
ER-EE
Teacher-student
doctor-patient
lawyer-client
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
d. When the offended party is under twelve
years of age or is demented, even though
none of the circumstances above be present;
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
There is no frustrated rape contemplated by
law, even partial penetration is consumated
rape.
 ART. 266-B. RAPE THROUGH
SEXUAL ASSAULT
Include any part of the
human body like the penis,
arm/finger for the purposes
of applying rape through
sexual assault
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
2) 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's mouth,
or anal orifice oR any instrument of object
into the genital or anal orifice of another
person.
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
ELEMENTS OF PARA 1
1. That the offender is a man.

2. That the offender had a carnal knowledge of a

woman.
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
ELEMENTS OF PARA 1
3. That such act is accomplished under any of the
following circumstances:
a. By using force or intimidation; or

b. When the woman is deprived of reason or

otherwise unconscious; or
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
ELEMENTS OF PARA 1
c. By means of fraudulent machination or grave
abuse of authority; or

d. When the woman is under 12 years of age or

demented.
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
ELEMENTS OF PARA 2
1. That the offender commits an act of sexual
assault:
a. By inserting his penis into another person’s
mouth or anal orifice; or
b. By inserting any instrument or object into the
genital or anal orifice of another person.
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
ELEMENTS OF PARA 2
2. That the act of sexual assault is accomplished
under any of the following circumstances:
same with para 1
 ART. 266-A. RAPE, WHEN AND
HOW COMMITTED
When the girl is under12 y/o/DEMENTED
W/ consent?

Prostitute?
 ART. 266-C EFFECT OF PARDON
BEFORE AMENDMENT-
Marraige extinguishes criminal liability of P/A/A
Crime Against Person
-Principal only
 ART. 266-C EFFECT OF PARDON
BEFORE AMENDMENT-
No rape bet husband and wife
AFTER AMENDMENT
husband can be guilty of such crime ----
defense=forgiveness provided such marraige is
not void ab initio
CRIMES AGAINST PROPERTY

ROBBERY
THEFT
ART. 293. WHO ARE GUILTY OF
ROBBERY

Any person who, with intent to

gain, shall take any personal property
belonging to another, by means of
violence or intimidation of any person,
or using force upon anything shall be
guilty of robbery
 ART. 293. WHO ARE GUILTY OF
ROBBERY
ELEMENTS
1. That there be 1) personal property:
2) belonging to another
2. That there is 3) unlawful taking of
that property.
 ART. 293. WHO ARE GUILTY OF
ROBBERY
ELEMENTS
3. That the taking must be 4) with intent to
gain; and

4. That there is 5) violence against or intimidation

of any person, or force upon anything
 ART. 295. ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS; PENALTIES
•When by reason or on occasion of the
robbery, the crime of HOMICIDE is
committed;
•When the robbery is accompanied or
intentional mutilation or arson
 ART. 295. ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS; PENALTIES

•When by reason or on occasion of the

robbery, any physical injuries resulting
in insanity, imbecility, impotency or
blindness is inflicted.
 ART. 295. ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF
PERSONS; PENALTIES
•Serious physical injuries resulted.

•Committed to a degree unnecessary

•Inflicted to ay person serious physical

injury
 ART. 296. DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS
THEREOF

1.That he was a member of a band

2. That he was present at the

commission of a robbery by that band
 ART. 296. DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS
THEREOF
3.That the other members of the band
committed an assault

4. That he did not attempt to prevent

the assault.
 ART. 297. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER
CERTAIN CIRCUMSTANCES

ART. 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION

 ART. 299. ROBBERY IN AN INHABITED HOUSE
OR PUBLIC BUILDING OR EDIFICE DEVOTED
TO WORSHIP
(a) The malefactors shall enter the house or building
in which the robbery was committed, by any of the
following means:
1. Through an opening not intended for entrance or
egress.
2. By breaking any wall, roof, or floor or breaking any
door or
 ART. 299. ROBBERY IN AN INHABITED HOUSE
OR PUBLIC BUILDING OR EDIFICE DEVOTED
TO WORSHIP
3. By using false keys, picklocks or similar tools

4. By using any fictitious name or pretending

the exercise of public authority.
 ART. 299. ROBBERY IN AN INHABITED HOUSE
OR PUBLIC BUILDING OR EDIFICE DEVOTED
TO WORSHIP
(a) The malefactors shall enter the house or building
in which the robbery was committed, by any of the
following means:
1. Through an opening not intended for entrance or
egress.
2. By breaking any wall, roof, or floor or breaking any
door or
 ART. 299. ROBBERY IN AN INHABITED HOUSE
OR PUBLIC BUILDING OR EDIFICE DEVOTED
TO WORSHIP
Or if —
(b) The robbery be committed under any of the following
circumstances:
1. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle;2. By taking
such furniture or objects to be broken or forced open
outside the place of the robbery.
ART. 302. ROBBERY IS AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING.
1.) Thatthe offender entered an uninhabited place
or a building which was not a dwelling house, not a
public building, or not an edifice devoted to religious
worship.

2.) That any of the following circumstances was

present
ART. 302. ROBBERY IS AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING.
1. If the entrance has been effected through any opening not
intended for entrance or egress.

2. If any wall, roof, flour or outside door or window has

been broken.

3. If the entrance has been effected through the use of false

keys, picklocks or other similar tools.
 ART. 306. WHO ARE BRIGANDS
When more than three armed persons form a band of
robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of
extortion or to obtain ransom or for any other purpose to
be attained by means of force and violence, they shall be
deemed highway robbers or brigands
 ART. 308. WHO ARE LIABLE FOR
THEFT
Theft Is Likewise Committed By:
1. Any Person Who, Having Found Lost Property, Shall
Fail To Deliver The Same To The Local Authorities Or To
Its Owner;
2. Any Person Who, After Having Maliciously Damaged
The Property Of Another, Shall Remove Or Make Use Of
The Fruits Or Object Of The Damage Caused By Him; And
 ART. 308. WHO ARE LIABLE FOR
THEFT
Theft is likewise committed by:
3. Any person who shall enter an inclosed estate or a
field where trespass is forbidden or which belongs to
another and without the consent of its owner, shall hunt
or fish upon the same or shall gather cereals, or other
forest or farm products.
 ART. 310. QUALIFIED THEFT
1. If the theft is committed by DOMESTIC
SERVANT;
2. If the theft is committed with grave abuse of
confidence.
3. If the property stolen is a (a) mail matter, or
(b) large cattle
 ART. 310. QUALIFIED THEFT
4. If the property stolen consists of coconuts
taken from the premises of a plantation;
5. If the property stolen is fish taken from a
fishpond/fishery;
6. If the property is taken on the occassion of
fire, earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil
disturbance.
 ELEMENTS OF THEFT
1. The taking of the property;
2. The property belongs to another;
3. The taking away was done with intent to gain;
4. The taking away was done without the consent of the
owner;
5. The taking away is accomplished without violence or
intimidation against person or force upon things.
 ESTAFA
2 WAYS OF COMMITING
1. With abuse of confidence or unfaithfulness, and
2. Through deceit or false pretense. The damage is not limited
to material damage; it includes any disturbance or prejudice.
When money or property is delivered for a particular purpose
and it was used for another purpose, it is essential to determine
whether judicial or physical possession was transferred.
MATERIAL POSSESSION—theft only
JURIDICAL POSSESSION—estafa