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The essence of the crimes under this
title involves the:
Taking of human life
Destruction of the fetus
Inflicting injuries
Title is divided into three chapters:
Chapter I: Destruction of Life
Chapter II: Physical Injuries
Chapter III: Rape
Infanticide and


Parricide, Murder and


Physical Injuries
Section 1: Paricide, Murder, Homicide
Art. 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.

That a person is killed;
That the deceased is killed by the accused; and
That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate other
ascendant or other descendant, or the legitimate
spouse, of the accused
Relationship of the offender with the victim is the essential
element of the crime. Hence:

If a person wanted to kill a stranger but by mistake killed his own

father, he will be held liable for parricide

A stranger who cooperates and takes part in the commission of the

crime of parricide is not guilty of parricide but only of homicide or
murder, as the case may be. (People vs. Dalag, G.R. No. 129895, April
30, 2003)

The relationship between the offender and the victim must be

The child should not be less than 3 days
old; otherwise the crime is infanticide
(Art. 255)

The law does NOT require knowledge of

relationship, thus, a person who killed
another not knowing that the latter was
his son will still be held guilty of parricide.
Art. 247 Death or Physical
Injuries under exceptional

1. That a legally married person or a parent surprises his spouse

or his daughter, the latter under 18 years of age and living
with him, in the act of committing sexual intercourse with
another person;

2. That he or she kills any or both of them, or inflicts upon any

or both of them any serious physical injury, in the act or
immediately thereafter; and

3. That he has not promoted or facilitated the prostitution of his

wife or daughter, or that he or she has not consented to the
infidelity of others.
For Art. 247 to apply, the offender must prove
that he actually surprised his wife and (her
paramour) in flagrante delicto, and that he
killed the man during or immediately thereafter.
(People vs. Puedan, G.R. No. 139576, September 2, 2002)
Immediately thereafter - the discovery, the
escape, the pursuit and the killing must all form part of
one continuous act (U.S. vs. Vargas, et al., 2 Phil 194).

Justification for Art. 247: The law considers

the spouse or parent as acting in a justified burst
of passion.
Art. 248 - Murder
Is an unlawful
EVIDENTkilling of any person which

is not parricide or infanticide,

Act of the offender provided
manifestly indicating that he
that any clung
of the following circumstances
to his determination to kill his victim.

is present:
Evident premeditation is absorbed in price,
reward or promise, if without the premeditation
1. With treachery, taking
the inductor would advantage
not have induced theofother to
superior strength,
commit with
the act but not asthe aid the
regards of one
men, or employs means toessence
The weaken the
of treachery
defense, or of means oris persons to insure
that the offended party
was denied the chance to
or afford impunity; defend himself because of
2. In consideration of a price, the means, methods,
reward or
deliberately adopted by
promise; the offender and were not
merely incidental to the
3. With evident premeditation;
4. By means of inundation, fire, poison, shipwreck, stranding
of a vessel, derailment or assault upon a railroad, fall of
an airship, by means of motor vehicles, or with the use of
any other means involving great waste and ruin;

5. On occasion of any calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other
public calamity;

6. With cruelty, by deliberately and inhumanly augmenting

the suffering of the victim, or outraging or scoffing at his
person or corpse. (As amended by RA No. 7659)
Outraging (physical act) means to
commit an extremely vicious or deeply
insulting act.
Scoffing (verbal act) means to jeer, and
implies a showing of irreverence.
Dismemberment of a dead body is one
manner of outraging or scoffing at the
corpse of the victim and qualifies the killing
to murder (People vs. Guillermo, G.R. No.
147786, January 20, 2004)
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of
the qualifying circumstances mentioned in
Art. 248; and
4. That the killing is not parricide or
Rules for the application of the
circumstances which qualify the killing
to murder:
That murder will exist with only one of the circumstances
described in Art. 248.

Where there are more than one qualifying circumstance

present, only one will qualify the killing, with the rest to be
considered as generic aggravating circumstances.

That when the other circumstances are absorbed or included

in one qualifying circumstance, they cannot be considered
as generic aggravating.

That any of the qualifying circumstances enumerated in Art.

248 must be alleged in the information.
Art. 249 - Homicide
The unlawful killing of any person, which is neither
parricide, murder nor infanticide.

Intent to kill is conclusively presumed when death

results; evidence of intent to kill is important only in
attempted or frustrated homicide.
Intent to kill is usually shown by the kind of weapon
used and part of the body wounded.
Accidental Homicide is the death of a person brought
about by a lawful act performed with proper care and
skill and without homicidal intent. E.g. death in boxing
bout. There is NO FELONY committed in this case.
That a person was killed;
That the accused killed him without any
justifying circumstance;
That the accused had the intention to kill,
which is presumed; and
That the killing was not attended by any of
the qualifying circumstances of murder, or
by that of parricide or infanticide.
Art. 250 Death caused in a Tumultuous

There are several persons;
They do not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally;
These several persons quarreled and assaulted one
another in a confused and tumultuous manner;
Someone was killed in the course of the affray;
It cannot be ascertained who actually killed the
The person or persons who inflicted serious physical
injuries or who used violence can be identified.
Tumultuous affray
is a commotion in a confused manner to an extent
that it would not be possible to identify who the
killer is if death results, or who inflicted the serious
physical injury, but the person or persons who used
violence are known.
Who are liable?
The person or persons who inflicted the serious
physical injuries
If it is not known who inflicted the serious physical
injuries on the deceased, all persons who used
violence upon the person of the victim are liable.
Art. 252 Physical Injuries caused in
Tumultuous affray

There is a tumultuous affray;
A participant or some participants thereof
suffered serious physical injuries or physical
injuries of a less serious nature only;
The person responsible thereof cannot be
All those who appear to have used violence
upon the person of the offended party are
Art. 253 Giving Assistance to Suicide

Acts punished:
By assisting another to commit suicide, whether
the suicide is consummated or not;
By lending his assistance to another to commit
suicide to the extent of doing the killing himself.

Euthanasia or Mercy-Killing - is a
practice of painlessly putting to death a
person suffering from some incurable
Art. 254 Discharge of
That the offender discharges a firearm against or at
another person; and
That the offender has no intention to kill that person.

If in the discharge of firearm, the offended party is

hit and wounded, there is a complex crime of
discharge of firearm with serious or less serious
physical injuries; BUT if only slight physical injuries
were inflicted, there is no complex crime (BUT two
separate crimes) since such physical injuries
constitutes a light felony.
Section 2: Infanticide and Abortion
Art. 255 - Infanticide
is the killing of any child less than three
days of age, whether the killer is the parent
or grandparent, any other relative of the
child, or a stranger.

A child was killed by the accused;
The deceased child was less than 3 days
The premature termination of a pregnancy.
The intentional and artificial termination of a
pregnancy that destroys an embryo or fetus.
The spontaneous expulsion of an embryo or
fetus before it is capable of living outside the
Art. 256 Intentional
There is a pregnant woman;
Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman;
As a result of the use of violence or drugs or
beverages upon her, or any other act of the
accused, the fetus dies, either in the womb
or after having been expelled therefrom;
The abortion is intended.
Ways of committing intentional abortion

1. Using any violence upon the person of the

pregnant woman;
2. Acting, but without using violence,
without the consent of the woman. (By
administering drugs or beverages upon
such pregnant woman without her
3. Acting (by administering drugs or
beverages), with the consent of the
pregnant woman.
Abortion vs. Infanticide

Abortion Infanticide
Fetus could not sustain Fetus could sustain an
independent life. No legal independent life after separation
viability. from the mothers womb.

Person Liable for Abortion:

The person who intentionally caused the
abortion under Art. 256;
The pregnant woman if she consented
under Art. 258.
As long as the fetus dies as a result of
the violence used or the drugs
administered, the crime of abortion
exists, even if the fetus is over or less
than 6 months, or is full term.
In intentional abortion, the offender must
know of the pregnancy because the
particular criminal intent is to cause an
Art. 257: Unintentional
That there is a pregnant woman;
That violence is used upon such pregnant
woman without intending an abortion;
That the violence is intentionally exerted;
That as a result of the violence, the fetus
dies, either in the womb or after having
been expelled therefrom.
For the crime of abortion, even unintentional, to be held
committed, the accused must have known of the
pregnancy. [People v. Carnaso]

In the case of People vs. Salufrania (159 SCRA 401 [1988]),

the Supreme Court ruled that despite knowledge of the
accused of his wifes pregnancy, the intent to cause the
abortion has not been sufficiently established, thus, the
accused is only liable for the complex crime of parricide
(for the death of wife) with unintentional abortion (for the
death of the fetus in the mothers womb).
Art. 258 Abortion practiced by woman
herself or her parents

That there is a pregnant woman who has
suffered an abortion;
That the abortion is intended; and
That the abortion is caused by
The pregnant woman herself;
Any other person, with her consent; or
Any of her parents, with her consent, for
the purpose of concealing her dishonor.
Art. 259: Abortion by a Physician or
Midwife and dispensing of abortives

There is a pregnant woman who has
suffered an abortion;
The abortion is intended;
Offender, who must be a physician or
midwife, caused or assisted in causing the
Said physician or midwife took advantage
of his or her scientific knowledge or skill.
The penalties provided for intentional abortion
shall be imposed in the maximum period for
physicians and midwives violating this article.
Reason: heavier guilt in making use of their
knowledge for the destruction of human life,
when it should be used only for its
If the abortion is produced by a physician to

save the life of the mother, there is no liability.

Elements (for pharmacists):
The offender is a pharmacist;
There is no proper prescription from a physician;
The offender dispenses any abortive.

Article punishes a pharmacist who merely dispenses with

an abortive without the proper prescription of a physician.

It is not necessary that the pharmacist knows that the

abortive would be used to cause an abortion. What is
punished is the dispensing of the abortive without the
proper prescription. It is not necessary that the abortive be
actually used either.
Section 3: Duel
Art. 260: Responsibility of participants in
a duel

Duel a formal or regular combat previously

concerted between two parties in the
presence of two or more seconds of lawful age
on each side, who make the selection of arms
and fix all other conditions of the fight.
Acts punished:
By killing ones adversary in a duel;
By inflicting upon such adversary physical
injuries; and
By making a combat although no physical injuries
have been inflicted.
Persons liable:
The person who killed or inflicted physical injuries upon his
adversary or both combatants in any other case, as principals.
The seconds, as accomplices.

Seconds the persons who make the selection of the

arms and fix the other conditions of the fight

Self defense cannot be invoked if there was a pre-

concerted agreement to fight, but if the attack was made
by the accused against his opponent before the appointed
place and time, there is an unlawful aggression, hence
self-defense can be claimed.
Art. 261: Challenging into a
Acts Punished
By challenging another to a duel;
By inciting another to give or accept a challenge
to a duel; and
By scoffing or decrying another publicly for
having refused to accept a challenge to fight a

Persons liable:
RPC and RA 8353
What are the crimes of Physical Injuries?

1. Mutilation (A.262)
2. Serious Physical Injuries (A.263)
3. Administering injurious substance or
beverages (A.264)
4. Less serious physical injuries
5. Slight Physical Injuries and
Art. 262: Mutilation
Mode 1. Intentionally mutilating another by depriving
him, either totally or partially, of some essential organ for
reproduction; (Mutilation)

There be a castration, that is, mutilation of organs necessary
for generation, such as the penis or ovarium;
The mutilation is caused purposely and deliberately

Note: Intentionally depriving the victim of the

reproductive organ does not necessarily involve the
cutting off of the organ or any part thereof. It suffices
that it is rendered useless.
Mode 2. 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. (Mayhem).
Intent to mutilate must be established. If there is no intent, the
crime is only serious physical injury. The offender must have the
intention to deprive the offended party of a part of his body. If
there is no such intention, the crime will be serious physical

MUTILIATION the lopping or clipping off of some part of the body

CASTRATION - intentionally mutilating another by depriving him,

either totally or partially, of some essential organ for reproduction

MAYHEM - intentionally making other mutilation other than some

essential organ for reproduction and to deprive him of that part of
the body
Physical Injuries
How committed? (WABA)
By Wounding

By Assaulting

By Beating; or

By Administering injurious substance

NOTE: In the crime of Physical Injuries,

intention to kill must not be attendant,
otherwise the crime would be Attempted or
frustrated murder, homicide, or parricide, as
the case may be.
Serious Physical Injuries (Art. 263)

1st clause Injured person becomes:

Blind (must be complete; both eyes)
2nd clause Injured person
Loses the use of speech
Power to hear (must be of both ears)
Power to smell
Loses an eye, an arm, or leg
Must be incapacitated for work in where
he is habitually engaged
3rd Clause Injured person is


Physical ugliness
Permanent abnormality
Conspicuous and visible

Loses any member of his body; loses the use

Becomes ill or incapacitated for work in which he
is habitually engaged for MORE than 90 days
4th clause injuries shall have caused
Illness or incapacity for labor for MORE
than thirty (30) days.
Administering Injurious Substance or
beverage (Art. 264)

Offender inflicted upon another any
serious physical injury
It was done by knowingly administering
to him any injurious substance or
beverages or by taking advantage of his
weakness of mind or credulity.
That he had no intent to kill
Less Serious Physical Injuries (Art. 265)

Offended party is incapacitated for 10

days or more (but not more than 30
days) needs medical attention on the
said period.

Physical Injuries must not be those

described in the preceding article.
Slight Physical Injuries (Art.
3 kinds
1) incapacitated the party for labor from 1
to 9 days requiring medical assistance on
the said period
2) Injuries which did not prevent the
offended party from engaging in his
habitual work.
3) Ill-treatment of another without causing
any injury.
RPC and RA 8353
Classification of Rape:
Traditional Rape under Art. 355
carnal knowledge with a woman against her will; in
this case, the offender is always a man and the
offended party is always a woman.
Sexual Assault under R.A. 8353-
this is committed when the offender inserts his
penis to another persons mouth or anal orifice or
by inserting an instrument or object into the genital
or anal orifice of another person. The offender and
the offender can either be a man or a woman in the
case of the insertion of any instrument or object.
How rape is committed?
Traditional Rape:
Offender is a man;
Offender had carnal knowledge of a woman;

Such act is accomplished under any of the

following circumstances:
By using force, threat or intimidation;
When the woman is deprived of reason or is
otherwise unconscious;
By means of fraudulent machination or grave
When the woman is under 12 years of age
(Statutory Rape) or is demented.
Rape through Sexual Assault
Offender commits an act of sexual assault;
The act of sexual assault is committed by any of
the following means:
By inserting his penis into another person's mouth
or anal orifice; or
By inserting any instrument or object into the
genital or anal orifice of another person;
That the act of sexual assault is accomplished
under any of the circumstances enumerated
under the first act of committing rape.
NOTES on classification:
Traditional Rape
Offended party is always a woman
Offender is always a man.
Sexual assault
Rape can now be committed by a man or a
woman, that is, if a woman or a man uses an
instrument on anal orifice of male, she or he can
be liable for rape.
Inserting a finger inside the genital of a woman
is rape through sexual assault within the context
of object.
Art. 355 vs RA 8353

Old Anti-Rape Law RA 8353

Crime against chastity Crime against persons
May be committed by a man Under the 2nd type, sexual assault
against a woman only may be committed by ANY
PRIVATE CRIME Complaint May be prosecuted even
must be filed if the woman does not
by the woman or her parents, file a complaint
grandparents or guardian if the
was a minor or incapacitated
Marriage of the victim w/ one of Marriage extinguishes the penal
the offenders benefits not only action only as to the principal (the
the principal but also the person who married the victim),
accomplices and accessories and cannot be extended to
coprincipals in case of MULTIPLE
To be CONSUMMATED, it is not essential that
there be a complete penetration of the female
organ, neither is it essential that there be a
rupture of the hymen.
People vs. Campuhan, 329 SCRA 270 [2000])
However, there must be sufficient and convincing proof
that the penis indeed touched the labias or slid into the
female organ, and not merely stroked the external
surface thereof, for the accused to be convicted of
consummated rape. Absent of any showing of the
slightest penetration of the female organ, it can only be
attempted rape, if not acts of lasciviousness.
People v. Dela Cruz, GR No. 180501, December 24,
For a charge for rape by sexual assault with the use
of ones fingers or any other object to be
consummated, there should be evidence of at least
the slightest penetration of the sexual organ and not
merely a brush or graze of its surface.
There is NO crime of FRUSTRATED RAPE because
in rape, from the moment the offender has carnal
knowledge of the victim, he actually attains his
purpose, all the essential elements of the offense
have been accomplished. [People v. Orita]
Rape Shield Rule
Character of the woman is immaterial in rape. It is no defense that
the woman is of unchaste character, provided the illicit relations
were committed with force and violence, etc.
Statutory Rape
is the rape of a woman who is below 12 years of age. In statutory
rape, the under twelve years old victim is conclusively presumed
incapable of giving consent to sexual intercourse with another.
[People v. Negosa, GR No. 142856-57, Aug. 25, 2003]
Statutory rape is consummated when the victim is below 12 yrs.
old. Victims consent is immaterial. Offenders knowledge of the
victims age is immaterial in statutory rape. Carnal knowledge of a
child below 12 yrs. old even if she is engaged in prostitution is still
considered statutory rape. [People v. Campuhan]
Rape through Sexual
The insertion of appellants fingers constituted
consummated rape through sexual assault
under RA 8353. The contact of the males penis
with the womans vagina is referred to as rape
with sexual intercourse, while the sexual
abuse under par.2 of Art.266-A, RPC is
categorized as rape through sexual assault.
Insertion of penis into the mouth of a 10-year
old boy is Rape by Sexual Assault punished
under par.2, Article 266-A, RPC. [Ordinario v.
People, et al., GR No. 155415, May 20, 2004]
What Determines the Number of Times
the Victim was Raped?

Appellant ejaculated twice during the time that he

consummated the rape. Appellant did not
withdraw his penis to insert it again into the
vagina or to touch the labia majora and the labia
minora when he ejaculated the second time. It is
not the number of times that appellant ejaculated
but the penetration or touching that determines
the consummation of the sexual act. Thus
appellant committed only one count of rape.
[People v. Ferrer, GR No. 142662, Aug. 14, 2001;
People v. Orilla, GR No. 148939-40, Feb. 13, 2004]
Art. 266 B: Qualified Rape
Rape under both acts of committing
it is qualified by the following:
1. When rape is committed with the use of a
deadly weapon or by two or more persons;
2. When by reason or occasion of rape, the victim
has become insane;
3. When the rape is attempted and a homicide is
committed by reason of or on the occasion of
rape (special complex crime);
4. When by reason of or on occasion of rape,
homicide is committed (special complex crime)
5. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the

6. When the victim is under the custody of the police or

military authorities or any law enforcement or penal

7. When the rape is committed in full view of the spouse,

parent, or any of the children or other relatives within the
third civil degree of consanguinity;

8. When the victim is a religious engaged in legitimate

religious vocation or calling and is personally known to be
such by the offender before or at the time of the
10. When the offender knows that he is afflicted with HIV/AIDS or
any other sexually transmissible disease and the virus or
disease is transmitted to the victim;

11. When committed by any member of the AFP or para-military

units thereof of the PNP or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime;

12. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;

13. When the offender knew of the pregnancy of the offended

party at the time of the commission of the crime;
14. When the offender knew of the mental
disability, emotional disorder and/or
physical disability of the offended party at
the time of the commission of the crime.
When the homicide is committed NOT by
reason or on the occasion of rape, there is no
special complex crime of rape with homicide.
Moral ascendancy or influence, held to
substitute for the element of physical force or
Art. 266c Effect of Pardon
The subsequent valid marriage between the offender and
the offended party shall extinguish:
The criminal action or
The penalty already imposed.
The subsequent forgiveness of the wife to the legal
husband shall extinguish the criminal action or the
penalty, PROVIDED that the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio. This is an exception to the rule
that forgiveness by the offended party shall not
extinguish the penal action in crimes against person.
Art. 266d - Presumptions
Evidence which may be accepted in
the prosecution of rape:
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
Where the offended party is so situated as to
render him/her incapable of giving his/her

NOTE: Conviction does not require a medico-legal finding of

any penetration on the part of the woman.