CHAPTER 11: PHYSICIANS AND

CRIMINAL LAW
I.Application of the provisions of the
Revised Penal Code
1. Application of the provision of the revised
penal Code laws
Application of the provision shall be
enforced only in the Phil. But also
outside its jurisdiction, against those:
a) Commit offense while on a Philippine
ship or airship
b) Forge or counterfeit any coin or
currency of the Phil.
c) Should be liable for acts connected in
this islands of the obligations and
securities
d) Public officer or employee, commit an
offense in the exercise of their
functions
e) Should commit any of the crimes
against national security
2. Criminal Law
Defines crime, treats of their nature and
provides for their punishment
3. Limitations on the power of Congress to
enact penal laws
a) No ex post facto law shall be enacted
b) No bill of attainder shall be enacted
c) No law that violates equal protection
clause of the constitution shall be
enacted
d) No law w/c imposes cruel and unusual
punishments nor excessive fines shall be
enacted
4. Characteristics of criminal law
a) General- binding of all person who live
or sojourn in the Philippine territory
Exception:
Treaty stipulations
Laws of preferential application
Principles of Public International law
b) Territorial- enforceable only w/in its
territory except those provided in Article
2 of revised Penal Code
c) Prospective
Penal laws cannot make an act
punishable in a manner in w/c it was
not punishable when committed except
when the new law is favourable to the
accused
Exceptions to the exceptions are:

When the new law is expressly made

inapplicable to pending actions or
existing causes of actions
When the offended is a habitual
criminal
II. Felonies
1. Definitions
Felonies (delios)- acts or omissions
punishable by law
Felonies are committed by means of:
Deceit (dolo)
Fault (culpa)
There is deceit when the act is performed
w/ deliberate intent and there is fault
when the wrongful act result from
imprudence, negligence, lack of foresight
or lack of skill
2. Requisites of dolo
a) Freedom
b) Intelligence
c) Intent
3. Requisites of culpa
a) Freedom
b) Intelligence
c) Negligence and imprudence
4. Elements of felonies
a) There must be act or omission (there
must be external acts)
b) Act or omission must be punishable by
the RPC
c) Act is performed or omission incurred by
means of dolo or culpa
5. Criminal liability
Criminal liability shall be incurred:
Person committing a felony (delito)
although wrongful act done be different
from w/c is intended
Person performing an act w/c would be
an offense against or property, were It
not for the inherited possibility
accomplishment or account of
inadequate or ineffectual means
6. Aberatio ictus- mistake in the blow,
characterized by aiming at one but hitting
the other due to imperfection in the
below
7. Error in personae- mistake in the identity
of the victim
8. Consummated, frustrated and attempted
felonies- are punishable

 Felony is consummated when all the

elements necessary for execution &
accomplishment are present
Attempt when the offender commences
the commission of a felony & doesnt
perform all the acts of execution
9. Conspiracy and proposal to commit
felony- are punishable only when law
provides
Conspiracy- when 2 or more persons
comes to agreement concerning the
commission of felony & decide to
commit it

Proposal- when the person who has

decided to commit a felony proposes its
execution to some other person or
persons
10.Grave felonies, less grave felonies & light
felonies
a) Grave felonies
o Those to w/c law attaches the capital
punishment or penalties w/c any
periods are afflictive
b) Less grave felonies
o With penalties w/c in their maximum
period are correctional
c) Light felonies
o penalty of aresto menor or fine not
exceeding P200 or both
III. Circumstances affecting criminal
liability
1) Justifying circumstance, the ff. do not
incur any criminal liability:
a) Anyone who acts in defense of hid
person or rights, provided that the ff.
circumstances concur:
Unlawful aggression
Reasonable necessity of the means
employed to prevent or repel it
Lack of sufficient provocation on the
part of the person defending himself
b) Anyone who acts in defense of the
person or rights of his spouse,
descendants or relatives by affinity in
the same degrees and those by
consanguinity w/in the fourth civil
degree
c) Person defending be not induced by
revenge, resentment or other evil
motive

d) A person in order to avoid an evil or

injury does an act w/c causes damages,
provided that:
Evil sought to be avoided actually exist
Injury feared be greater than done to
avoid it
There be no other practical and less
harmful means of voiding it
e) Person who act in the fulfilment of a
duty or in the lawful exercise of a right
or office
f) Person who act in obedience to an order
issued by a superior for some lawful
purpose

2) Exempting circumstances
a) An imbecile or an insane person, unless
the later has acted during a lucid
interval
b) Children 15y/o or under
c) Children above 15y/o but below 18y/o,
unless he has acted w/ discernment,
shall be subjected to appropriate
proceedings in accordance w/ the
juvenile justice and welfare act of 2006
(RA 9344)
d) Person while performing a lawful act w/
due care, causes an injury by accident
w/out fault or intention of causing it
e) Person who act under the compulsion of
irresistible force
f) Person who acts under impulse of
uncontrollable fear of an equal or
greater injury
g) Person who fails to perform an act
required by law
3) Justifying circumstances vs. exempting
circumstances
Justifying
Exempting
Circumstances
Circumstances
Affects the act not Affects the actor
the actor
not the act
Act done w/in
Act is wrongful
bounds of law,
but the actor is
hence legitimate
not liable
and lawful in the
eyes of the law
Act is lawful, there Act is wrong,
is no crime
there is a crime,
but since the

There is no crime
nor a criminal or
civil liability
except in Article
11 par. 4 RPC

actor acted w/out

voluntariness,
there is no dolo or
culpa
Crime committed
though there is
civil liability

4) Elements of accident w/out fault or

intention of causing it
a) Person is performing a lawful act
b) With due care
c) He causes injury to another by mere
accident
d) w/out fault or intention of causing it
5) Elements of a person who acts under the
compulsion of an irresistible force
a) That the compulsion is by means of
physical force
b) That the physical force must be
irresistible
c) That the physical force must come from
a third person
6) Elements of uncontrollable fear
a) The threat w/c causes the fear
is of an evil greater than or at
least equal to, than that w/c he
required to commit
b) Promises an evil of such gravity
and imminence that the
ordinary man would have
succumbed to it
7) Elements of insuperable cause
a) Act is required by law to be done
b) Person fails to perform such act
c) His failure to perform such act was due
to some lawful or insuperable cause
8) Entrapment vs. instigation
Entrapment
Instigation
Ways and means
Investigator
are resorted to for
induces the
the capture of
would-be accused
lawbreaker in the
to commit the
execution of his
crime, hence he
criminal plan
becomes a coprincipal
Not a bar to the
Will result in the
prosecution &
acquittal of the
conviction of
accused
lawbreaker

9) Mitigating circumstances
a) Article 11 & 12 of revised penal code:
all requisites to justify or to exempt from
criminal liability in the respective case
are not attendant
b) Offender under 18y/o or > 70y/o
c) Offender had no intention to commit so
grave a wrong as that committed
d) Sufficient provocation or threat on the
offended party immediately preceded
the act
e) Act committed in the immediate
vindication of the grave offense to one
committed the felony, his spouse,
ascendant or relatives by affinity w/in
the same degrees
f) Acted upon an impulse so powerful as to
have produced passion or obfuscation
g) Offender had voluntarily surrendered
himself to a person in authority or he
had voluntarily confessed his guilt
before court present evidence for
prosecution
h) Offender is deaf & dumb, blind or
otherwise suffering some physical defect
w/c restricts his means of
communication
i) Illness of the offender as would diminish
exercise of the will-power of the offender
w/out depriving him of the
consciousness of his acts
j) Any circumstances analogous to those
mentioned
10)
Aggravating circumstances
a) Advantage be taken by the offender of
his public position
b) Crime be committed in contempt or with
insult to the public authorities
c) Act be committed w/ insult or disregard
of respect due to offended party on
account of his rank, age or sex or that it
be committed in the dwelling of the
offended party , if the latter has not
given provocation
d) Act be committed w/ abuse of
confidence and obvious ungratefulness
e) Crime be committed in the place of
Chief Executive or in his presence or
where public authorities are engaged in
the discharge of their duties or in a
place dedicated to religious worship

f) Crime be committed in night or in

uninhabited place, or by a band (more
than 3 armed malefactors)
g) Crime is committed on the occasion of
conflagration, shipwreck. Earthquake,
epidemic and other calamity
h) Crime be committed w/ the aid of armed
men or persons who insure or afford
impunity
i) The accused is a recidivist (one who at
the same time of his trial for one crime,
shall have been prev. convicted by final
judgment of another crime embraced in
the same title of the RPC
j) Offender has been prev. punished by an
offense to w/c the law attaches an equal
or greater penalty or for two crime w/c it
attaches a lighter penalty
k) Crime be committed in consideration of
a price, reward or promise
l) Crime be committed by means of
inundation, fire, poison, explosion,
standing of a vessel or intentional
damage or by use of artifice involving
great waste and ruin
m) Act be committed w/ evident
premeditation
n) Craft, fraud or disguise be employed
o) Advantage be taken of superior strength
or means be employed to weaken the
defense
p) Act be committed w/ treachery
(alevosia)
There is treachery when the offender
commits any of the crime against
person in a form of execution/out risk
to himself arising from the defense w/c
the offended party might make
q) Circumstances brought about w/c add
ignominy to the natural effects of the
act
r) Crime be committed after an unlawful
entry
s) Commission of a crime a wall, roof, floor,
door or window be broken
t) Crime should be committed w/ the aid of
person under 15y/o or by means of
motor vehicles, motorized watercraft,
airship or similar means
u) Wring done in the omission of the crime
be deliberately augmented by causing
other wrong not necessary for its
commissions
11)
Alternative Circumstances

Those w/c must be taken into

consideration as aggravating or
mitigating
Taken into consideration when the
offended party is spouse, ascendant or
descendant, brother or sister or relative
Intoxication of the offender shall be
taken into consideration as mitigating
circumstance when the offender has
committed a felony in a state of
intoxication, habitual or intentional, shall
be considered aggravating circumstance
IV. Persons criminally liable for felonies
1.) Who are criminally liable
the ff. are criminally liable for grave and
less grave felonies:
a) Principals
b) Accomplices
c) Accessories
the ff. are criminally liable for light
felonies:
a) Principals
b) Accomplices
2.) Principals, the ff. are considered
principals:
a) Those who take a direct part in the
execution of the act
b) Those who directly force or induce
others to commit it
c) Those who cooperate in the commission
of the offense by another act w/out w/c
it would not have been accomplished
3.) Accomplices, those person who, not being
principals, cooperate in the execution of
the offense by previous or simultaneous
acts

4.) Accessories, those who, having a

knowledge of the commission of crime
and w/out having participated therein,
either as principal or accomplices, take

part subsequent to its commission in any

of the ff. manners:
a) Profiting themselves or assisting the
offender to profit by the effects of the
crime
b) Concealing or destroying the body of the
crime or the effects or instruments, in
order to prevent its discovery
c) Harboring, concealing, or assisting in the
escape of the principal of the crime,
provided the accessory acts w/ abuse of
his public functions or whenever the
author of the crime is guilty or
attempted to take life of Chief executive
or known to be habitually guilty of the
same crime
5.) Accessories who are exempt from
criminal liability
Those who are such w/ respect to their
spouse, ascendant or descendant,
brother & sisters or relatives w/in the
same degrees, w/ single exception of
accessories who assist the offender to
profit by the effects of the crime
V. Penalties
1) Reclusion perpetua
shall be pardoned after undergoing
penalty for 30yrs , unless such person
by some reason shall be considered by
Chief Executive as unworthy of pardon
duration: 20yrs and 1 day to forty years
2.) Reclusion temporal
duration: 12yrs and 1 day to 20yrs
3.) Prision mayor and temporary
disqualification
duration: 6yrs and 1 day to 12yrs,
except when penalty of disqualification
is imposed as an accessory penalty, in
this case shall be that of the principal
penalty
4.) Prision correctional, suspension and
destierro
duration: 6months and 1 day to 6yrs,
except when exception is imposed as an
accessory penalty, duration shall be that
of principal penalty
5.) Arresto mayor
duration: 1month and 1 day to 6months
6.) Arresto menor
1day to 30days
7.) Bond to keep the peace
Shall be required to cover such period of
time as the court may determine

VI. Extinction of criminal liability

1. Total extinction of criminal liability
a) Death of the convict
b) Service of the sentence
c) Amnesty
d) Absolute pardon
e) Prescription of the crime
f) Prescription of penalty
g) Marriage of the offended women in the
crime of rape
2. Partial extinction of criminal liability
a) Conditional pardon
b) Commutation of the sentence
c) Good conduct allowance while he is
serving the sentence
VII. Crimes against public interest
1. Falsification by public officer; employee
or notary or ecclesiastic minister,
elements of crime are the ff.:
a) Offender is public officer; employee or
notary or ecclesiastic minister
b) Takes advantage of his official position:
Has the duty to prepare or otherwise
intervene in preparation of document
Has the official custody of the
document w/c he falsifies
c) Offender falsifies a document, by
committing any of the ff. acts:
i.
Counterfeiting or imitating any
handwritten, signature or rubric
ii.
Causing it to appear that persons
have participated in any act or
proceeding when they did not in fact
so participate
iii.
Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them
iv.
Making untruthful statements
v.
Altering true dates
vi.
Making alteration or intercalation in a
genuine document w/c changes its
meaning
vii.
Issuing in an authenticated form of
document purporting to be a copy of
an original document
viii.
Intercalating instrument or note
relative to issuance thereof in a
protocol, registry or official book

 Person who kills any child <3days

(72hrs) of age
2. Falsification by private individual and use
of falsified documents, elements of the
crime are the ff.:
a.) Offender is a private individual or
public officer who did not take
advantage of his official position
b.) Offender falsifies a document w/c is
any written statement
3. False medical certificates, false
certificates of merits or service etc.
4. Using false certificate
Committed by anyone who shall
knowingly use false certificate
VIII. Crimes against persons
1.) Parricide
Person who kills his father, mother or
child (legitimate/ illegitimate) or any of
his ascendants or descendant or spouse
2.) Murder
Person who kills another (not his father,
mother, child, ascendants or descendant
or spouse nor a child <3days of age), w/
any of the ff. attendant circumstances:
a.) With treachery, taking advantage of
superior strength, w/ aid of armed men
or employing means to weaken defense
b.) In consideration of price, reward or
promise
c.) By means of inundation, fire, explosion
or any other means involving great
waste and ruin
d.) Calamities
e.) With evident premeditation
f.) With cruelty and inhumanly augmenting
of the victim or scoffing at his person
3.) Homicide
Person who kills another (not his father,
mother, child, ascendants or descendant
or spouse nor a child <3days of age),
w/out any of the ff. attendant
circumstances enumerated in in murder.
4.) Giving assistance to suicide
Committed by any person who shall
assist another to commit suicide
5.) Infanticide

6.) Abortion
Termination of pregnancy before the age
of viability( 1st 12-24weeks or 36months)
a.) Intentional abortion
i.
There is a pregnant woman
ii.
Violence is exerted or drugs or
beverages administered or accused
otherwise acts upon such pregnant
woman
iii.
Result of the use of violence or drugs
or beverages upon her or any other
acts of the accused, the fetus die
iv.
Abortion is intended
b.) Unintentional abortion
i.
There is pregnant woman
ii.
Violence is acted upon a pregnant
woman w/out intending an abortion
iii.
Violence intentionally exerted (?)
iv.
Result of the violence, the fetus dies
c.) Abortion practiced by a woman herself
or by her parents
i.
There is pregnant woman who
suffered abortion
ii.
Abortion is intended
iii.
Abortion is caused by:
Other person with her consent
Her parents, w/ her consent for the
purpose of concealing her dishonour
d.) Abortion practiced by a physician or
midwife
i. There is pregnant woman who suffered
abortion
ii. Abortion is intended
iii.offender (physician/ midwife) assist in
causing the abortion
iv.
Physician or midwife takes
advantage of his/her scientific
knowledge or skills
e.) Dispensing of abortives
I.
Offender is a pharmacist
II.
There is no proper prescription from
the physician
III.
Person dispenses any abortive

7.) Crime of physical injury(beat, wound or

assault)
a.) Mutilation
by depriving a person either totally or
partially of some essential organ
reproduction
b.) Serious physical injuries
The offended party is incapacitated for
labor >30days or needs attendance for
the same period

c.) Administering injurious substances or

beverages, ff. are elements of the crime:
i.
Offender inflicted upon another any
serious physical injury
ii.
Was done by knowingly
administering to him any injurious
substance or taking advantage of
weakness of mind or credulity
iii.
Had no intent to kill
d.) Less serious physical injuries
Person inflict upon another physical
injuries and the offended party was
incapacitated for labor for 10days or
more but not >30days, or needs
attendance for the same period
e.) Slight physical injuries and maltreatment
Person inflict upon another physical
injuries and the offended party was
incapacitated for labor for 1-9days, or
needs attendance for the same period
8.) Rape is committed:
a.) Man who shall have carnal knowledge of
a woman under ff. circumstances:
i.
Through force, threat or intimidation
ii.
Offended party is deprived of
reason or otherwise unconscious
iii.
By fraudulent or grave abuse of
authority
iv.
Offended party in <12y/o or is
demented, even though none of the
circumstances mentioned above be
present
b.) Person commit an act of sexual assault
by inserting his penis into another
persons mouth, anal or orifice or any
object into the genital or anal orifice of
another person

IX. Crimes against personal liberty and

security
1. Kidnapping and serious illegal detention,
ff. are elements of the crime:
a. Offender is private individual
b. Kidnaps or detain another, or any other
that deprives his liberty
c. Detention or kidnapping must be illegal
d. Commission of the offense, any of the ff.
circumstances ins present:
i.
Kidnapping or detention shall have
lasted >5days
ii.
Committed simulating public
authority
iii.
Serious physical injury have been
inflicted upon the person kidnapped
or detained; or threats to kill him
have been made
iv.
Person kidnapped/detained is
minor, female or a public officer
2. Slight illegal detention
a. Offender is private individual
b. Kidnaps or detain another, or any
other that deprives his liberty
c. Detention or kidnapping must be
illegal
3. Abandonment of person in danger or
abandonment of ones own victim
a.) Anyone who fails to render assistance to
any person he find in an uninhabited
place wounded or in danger of dying,
when he can render assistance w/out
detriment to himself
b.) Fails to help or render assistance whom
he has accidentally wounded or injured
c.) Having found an abandoned child <7y/o,
fails to deliver said child to the
authorities or family or safe place
X. Crimes against property
1.) Robbery
a. personal property belonging to another
b. there is unlawful taking of that property
c. taking was w/ intent to gain
d. there is violence against or intimidation
of any person or force used upon things
2.) Execution of deeds by means of violence
or intimidation
a. offender has intent to defraud another
b. offender compels him to sign, execute, or
deliver any public instrument or document
c. compulsion is by means of violence or
intimidation
3.) Theft

 Committed by a person w/ intent to gain

but w/out violence
Committed by:
Person who found lost property, fail to
deliver it to the local authority or
owner
Person after having maliciously
damaged the property of another, shall
remove or make use of fruits or object
of the damage caused by him
Person who enter an enclosed estate of
a field where trespass is forbidden or
belongs to another and w/out consent
of owner
4.) Qualified theft
Committed by a domestic servant or w/
grave abuse of confidence or if the
property stolen is motor vehicle or if
property taken on occasion of fire,
earthquake, typhoon and any other
calamity

XI. Crimes against chastity

Chastity is an attitude of sexual
responsibility resulting in concern or
respect for the sexual partner
Chaste person is considerate and
sensitive to the sexual needs, hopes and
fears of others
1. Adultery
Committed by a married woman who
have sexual intercourse w/ a man not
her husband and by man who has
carnal knowledge of her knowing her to
be married
2. Concubinage
Committed by a husband who keep a
mistress or have sexual intercourse w/
a woman not his wife or cohabit w/ her
in any other place
3. Act of lasciviousness
a.) By using force or intimidation
b.)By depriving the offended party of
reason or otherwise unconscious
c.) Woman is <12y/o
4. Qualified seduction
Having carnal knowledge of a virgin
>12y/o and < 18y/o
5. Simple seduction

Having carnal knowledge of a woman

who is single or widow of good
reputation, >12y/o but <18y/o, by
means of deceit
Qualified Seduction
Simple Seduction
Virginity is an
Virginity NOT an
element
element
Deceit is NOT an
Deceit is an element
element
6. Corruption of minors
person who promote or facilitate the
prostitution or corruption of person
underage to satisfy the lust to another
7. White slave trade
Engage in the business or shall profit
by prostitution or enlist the services of
any other for the purpose of
prostitution
8. Forcible abduction
Abduction of any woman against her
will and w/ lewd designs
9. Consented abduction
Abduction of a virgin >12y/o and
<18y/o, carried out w/ her consent and
w/ lewd designs

10.Sexual perversion or unnatural sexual

offenses
a.)Cunnilingus- licking or sucking the
external female genitalia
b.) Exhibitionism- in order to be sexually
aroused, need other people to look at his
genitalia or watch him masturbate
c.) Fellatio- penis in females mouth (BJ)
d.)Fetishism- peculiar sexual perversion
w/c is found only in males
e.) Lesbianism- woman has a sexual
intercourse w/ another woman
f.) Masochism- - in order to be sexually
aroused, needs a partner who inflicts
pain on him
g.) Masturbation- sexual self-stimulation
leading to orgasm
h.) Pedophilia- sexually aroused only by
children
i.) Sadism- - in order to be sexually
aroused, needs to inflict physical or
mortal pain on his sexual partner

j.) Transvestism- in order to be sexually

aroused or satisfied, needs to disguise
himself
k.) Voyeurism- - in order to be sexually
aroused or satisfied, needs to watch
other people taking their clothes off
l.) Zoophilia- unable to respond to a
human being as his sexual partner, he
prefers animals
11.RA no. 7877 Anti Sexual Harassment
Act of 1995
Work-related or employment
environment, sexual harassment is
committed when:
Sexual favour is made as a condition
in hiring, re-employment or continued
employment
Act would impair employees rights
and privileges ender existing labor
laws
Act would result in a intimidating,
hostile or offensive environment for
the employee

In an education or training
environment, sexual harassment is
committed:
Against one who is under the care,
custody or supervision of the offender
Against one whose education,
training, apprenticeship or tutorship is
entrusted to the offender
Sexual favour is made a condition to
giving passing grade, granting honors
and scholarships or payments

Duty of the employer or head of the

office in a work-related, education or
training environment to prevent or
deter acts of sexual harassment &
provide resolution of the acts Employer
shall:
Promulgate rules & regulations,
prescribing the procedure for the
investigation of sexual harassment
and administrative sanctions; also
proper decorum in the workplace
and educational or training
institutions

Create a committee on decorum and

investigation of cases on sexual
harassment

The employer, head of office or

training institution shall be liable for
damage arising from the acts of
sexual harassment committed in their
environment, if he is informed and no
immediate action thereon
Penalties:
Imprisonment not less than 1month
nor >6months
Fine not <10k nor >20k
Or both fine and imprisonment

Separability Clause: if any

portion or provision of this
act is declared void and
unconstitutional, the
remaining portion or
provision shall not be
affected by such
declaration
Repealing clause: all laws &
other issuances
inconsistent w/ the
provision of this act are
repealed & modified
accordingly
Effectivity clause: shall take
effect 15days after its
complete publication in at
least 2 national newspaper
of general circulation
=approved February 14, 1995
XII. Crimes against civil status of
persons
1.) Simulation of births, substitution of one
child for another and concealment or
abandonment of a legitimate child
2.) Usurpation of civil status- person who
usurp the civil status of another, for the
purpose of defrauding the offended party
or his heirs

XIII. Crimes against honor

1.) Libel
Public or malicious imputation of a crime
Couse the dishonour, discredit, or
contempt of a natural or juridical person
or to blacken the memory of one who is
dead
2.) Slander
Where the defamation is not committed
by means of writing, printing,
lithography,engraving or any similar
means

XIV. Quasi-Offenses
1.) Reckless negligence or reckless
imprudence, ff. are elements of the crime
Offender does or fails to do an act
The doing or the failure to do the act is
voluntary
Material damage results from reckless
imprudence
There is inexcusable lack of precaution
on the part of the offender
2.) Jurisprudence on reckless imprudence