Module in Cdi 3 Chapter 2
Module in Cdi 3 Chapter 2
Module in Cdi 3 Chapter 2
CHAPTER II
Learning Objectives
1. Know the different crimes related to persons such as; murder, homicide, parricide and
infanticide, rape, etc.;
2. Familiarize the essential elements of crimes related to persons such as, murder, homicide,
parricide and infanticide, rape, etc.;
3. Understand the penalty imposable penalty to the different crimes related to persons such
as; murder, homicide, parricide and infanticide, rape, etc.; and
4. Identify the person liable to different crimes related to persons such as; murder, homicide,
parricide and infanticide, rape, etc.
Introduction
The term "crimes against the person” refers to a broad array of criminal offenses which
usually involve bodily harm, the threat of bodily harm, or other actions committed against
the will of an individual. Those involving bodily harm for the threat thereof) include assault,
battery, and domestic violence. Additionally, offenses such as harassment, kidnapping, and
stalking also are considered crimes against the person.
Murder. Any person who, not falling within the provisions of Art 246, shall kill another, shall
be guilty of murder and shall be punished by reclusion temporal in its maximum period to
death, if committed with any of the following attendant circumstances: Art 248 RPC
Murder (defined) is the unlawful killing of any person which is not parricide or infanticide
provided that any of the following circumstances is present.
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing to weaken the defense, or of means or persons to insure or afford impunity;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim,
outraging or scoffing at his person or corpse.
Elements of Murder
3. That the killing was attended by any of the qualifying circumstances mentioned in Art 248
RPC; and
Rules for the Application of the Circumstances which qualify the Crime of Murder
1. The murder will exist with only one of the circumstances described in Art 248 (U.S. us.
Labai, 17 Phil. 240) when more than one of the said circumstances are present, the others
must be considered as generic aggravating circumstances. Thus, when the killing the victim,
the commission of the crime is attended by:(1) evident premeditation (2) treachery, and (3)
price, reward or promise, only one of them shall qualify the killing to murder and the other
shall considered as generic aggravating circumstances (People vs. Dueno, 90 SCRA 23, where
the rule was applied)
2. That when the other circumstances are absorbed, or include in one qualifying
circumstances, they cannot be considered generic aggravating. Thus, when there ten or
more armed captors of the female victim, and one or some of them shot her at the back, the
qualifying of murder is either treachery, abuse of superior strength, or with the aid of armed
men ( People vs. Remalante, 92 Phil. 48); but if treachery is chosen to qualify the crime, the
others are not generic aggravating circumstances, because they are included in qualifying
circumstances of treachery. (People vs. Sespene, et al 102 Phil. 199)
3. That any of the qualifying circumstances enumerated in Art 248 must be alleged in the
information. (U.S. vs. Campo, 23 Phil. 369). Thus, even if during the trial the prosecution
proves that the accused killed the deceased with treachery, but treachery is not alleged in
the information, treachery cannot qualify the killing to murder, the crime charged being only
homicide, it is only generic aggravating circumstances.
Homicide. Any person who, not falling within the provisions of art 246 of RPC shall kill
another without the attendance of any circumstances enumerated shall be deemed guilty of
homicide and punished by reclusion temporal Art 249 RPC.
Homicide (define) This is the unlawful killing of any person, which is neither parricide,
murder nor infanticide. Intent to kill is conclusively presumed when death resulted; evidence
of intent to kill is important only in attempted or frustrated homicide.
Elements of Homicide:
3. That the accused had the intention to kill, which is presumed; and
4. That the killing was not attended by any of the qualifying circumstances of
murder, or by that parricide of infanticide.
Accidental Homicide- is the death of a person brought about by a lawful act performed with
proper care and skill and without homicidal intent.
Thus, in boxing bout where the game is permitted by law or local ordinance, and all the rules
of the game have been observed, the resulting death or injuries cannot be deemed felonies,
since the playing of the game is lawful. But if the rules have been violated, as foul blow, and
death is resulted, the crime would be homicide through negligence. And if the foul blow is
intended for the purpose of killing the opponent, the crime of intentional homicide is
committed
Corpus delicti, in modern sense of the term, means the actual commission of the crime
charged. (People vs. Madrid, 88 Phil. 1 cited in people vs Yee, C.A.,52 O.G. 4298)
Corpus delicti means that a crime was actually perpetrated, and does not refer to the body
of the murdered person. (People vs. Bungay, G.R. No.L-18308 April 30, 1996npp. 834-838)
In all crimes against person in which the death of the victim is an element of the offense,
there must be satisfactory evidence of (1) the fact of death (2) the identity of the victim.
Thus, when the body of the supposed victim who was unknown, could not be located on the
bank of the river, the place indicated by the witness, and there was a possibility that the
victim might have been borne away by the current and might have survived, the fact of
death is not sufficiently established. (U.S. US. Samarin, 1 Phil. 239)
But if the victim is known and could not have been survived, because the evidence shows
that his arms and legs had been tied with a rope and thereafter, he had been struck on the
head with a piece of wood, before he was thrown into the sea, even if his body was never
found, the corpus delicti was established.
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 or
parricide and shall be punished by the penalty ranging from reclusion perpetual to death Art
246 RPC (As Amended by R.A. 7659.)
Elements of Parricide:
Relationship of the offender with victim is the essential element of this crime.
Cases of parricide when the penalty shall not be reclusion perpetua to death:
Death, or Physical Injuries Inflicted under Exceptional 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 (Ant
247 RPC)
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to
their daughters under eighteen years of age, and their seducers, while the daughters are
living with their parents. (Art 247 RPC)
Any person who shall promote or facilitate the prostitution of his wife or daughters, or shall
otherwise have consented to the infidelity of other spouse, shall not be entitled to the
benefits of this article. (Art 247 RPC)
1. That the legally married person or a parent surprise his spouses or his daughter,
the later 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 inflict upon any or both of them any
serious physical injury in the actor 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 the spouse.
Penalty for Frustrated Parricide, Murder, Homicide - The courts, in view of the facts of the
case, may impose upon the person guilty of the frustrated crime of parricide, murder, or
homicide, defined and penalized in the proceeding articles, penalty lower by one degree
than that which should be imposed under the provisions of Art 50 RPC)
The courts, considering the facts of the case, may likewise reduce by one degree the penalty
which under art 5 IRPC should be imposed for an attempt to commit any of such crimes.
Death Caused in a Tumultuous Affray- When while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and tumultuous manner, and in the course of
the affray someone is killed, and it cannot be ascertained who actually killed and deceased,
but the person or persons who inflicted, such person or persons shall be punished by prison
mayor. (Par 1 Art 251 RPC).
If a person cannot be determined who inflicted the serious physical injuries on the deceased,
the penalty of prison correctional in its medium and maximum periods. Shall be imposed
upon all those who shall have used violence upon the person of the victim. (Par 2 Art 257
RPC).
Elements:
2. That they did not compose groups organized for each other reciprocally;
3. That these several persons quarreled and assaulted one another in tumultuous
manner;
6. That the person or persons who inflicted serious physical injuries or who use
violence can be confused and а identified.
The word "several” (in the phrase "when, while several person") in Art. 251 means more than
two but not very many. The word "Tumultuous" as used in Art. 153 means that the
disturbance is caused by more than three persons who are armed or are provided with
means of violence.
1. The person or persons who inflicted serious physical injuries are liable (Art. 251
par. 1)
2. If it is not known who inflicted the serious physical injuries on the deceased, all
persons who used violence upon the person victim are liable, but with lesser liability,
(Art 251, par.2s)
Someone is killed the course of affray - The person killed in the course of affray need not be
one of the participants in the affray.
Note: At least 4 persons must take part.
Giving Assistance to Suicide - Any person who shall assist another to commit suicide shall
suffer the penalty of prison 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. (Art 253 RPC)
2. By lending his assistance to another to commit suicide to the extent of doing the
killing himself.
Infanticide - The penalty providing for parricide in art 248 shall be imposed upon any person
who shall kill any child less than 3 days of age. (Art 255 RPC).
If the crime penalized in this article be committed by the mother of the child for the purpose
of concealing her dishonor, shall suffer the penalty of prison mayor
in its maximum periods, and if said crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty shall be reclusion temporal (As
Amended RA No 7659)
Infanticide (Define) as the killing of any child less than three days old of age, whether the
killer is the parent or grandparent, any other relative of the child, or stranger.
Elements of Infanticide
2. This is the killing of any child less than 3 days (72 hours) of age, whether the killer
is the parent or grandparent, or any other relative of the child, or a stranger
Abortion - willful killing of a fetus in the uterus or violent expulsion of the fetus from the
maternal womb which results to the death of the fetus. It is also the termination of
pregnancy by the removal or expulsion from the uterus of a fetus or embryo before viability.
Intentional Abortion- any person who shall intentionally cause an abortion shall suffer: Art
256 RPC
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
2. The penalty of prison mayor, if without using violence, he shall act without the consent of
the woman.
3. The penalty of prison correctional in its medium periods, if the woman shall have
consented.
Intentional Abortion - This is the willful killing of the fetus in the uterus, or the violent
expulsion of the fetus from the maternal womb, which results in the death of the fetus.
ii. By acting, but without using violence, without the consent of the woman (by
administering drugs/ beverages upon a pregnant without her consent)
iii. By acting, with the consent of the pregnant woman (by administering
drugs/beverages) with consent of the pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any
other act of the accused, fetus dies, either in the womb or after having been
expelled therefrom;
A. believing that the child in the womb of a woman was a sort of fish-demon, gave her a
"pocion" made of herbs. Two hours after, she gave birth to a child three months in advance
of the full period of gestation. (U.S. us. Boston, 12 Phil. 134)
The person who intentionally caused the abortion is liable under Art. 256. The woman is
liable under Art. 258, if she consented to the abortion caused on her. If she did not consent
to the abortion caused her, she is not liable.
Unintentional Abortion - the penalty shall be prison correctional in its minimum and
medium periods shall be imposed upon any person who shall cause an abortion by violence,
but unintentionally. (Art 257 RPC)
2. That the violence is used upon such pregnant woman without intending an abortion.;
4. That as a result of the violence the fetus dies, either in the womb after having been
expelled therefrom.
It should be noted that the law employs the word "violence that is actual physical force.
Thus, were a man points a gun to pregnant woman, at the same time telling her that he will
kill her, and because of the fight she absorbs, she suffers abortion, the offender is guilty of
threats only. (Dec. Supreme Court of Spain of Nov. 30, 1887)
The accused who struck a woman three months pregnant on her hip with a bottle, causing
hemorrhage and miscarriage was held guilty of intentional abortion. (U.S. vs. Jeffrey, 15 Phil.
391) Note that the violence consisting in striking the pregnant woman with a bottle on the
hip was intentionally exerted by accused.
Physical Injury - Harm done to a child's psychological or intellectual functioning which may
be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a
combination of said behaviors which may be demonstrated by a change in behavior,
emotional response or cognition;
They are:
Mutilation the penalty of reclusion temporal or reclusion perpetua, shall be imposed upon
any person who shall intentionally mutilate another by depriving him, either totally or
partially, of some essential organ for reproductive. (Art. 262)
Mutilation (defined) the term "mutilation" means the lopping or the clipping off of some
part of the body.
The putting out of an eye does not fall under this definition. Thus, when robber stabbed a
woman in one eye, and as a result of the wound thus inflicted, she lost the use of the eye,
there is no mutilation. (U.S. vs. Bogel, 7 Phil. 285)
Two kinds of Mutilation
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.
1. That there be a castration, that is, mutilation of organs necessary for the
generation, such as the penis or ovarium.
2. That the mutilation is caused purposely and deliberately, that is, to deprive the
offended party of some essential organ for reproduction (Guevarra)
1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances.
d. When the offended party is under (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
2. By any person who, any of the under circumstances mentioned in the paragraph 1 hereof,
shall commit an act of sexual assault by inserting penis into another person's mouth or anal
orifice, or any instrument or object, into the genital organ or anal orifice of another person.
(R.A. No. 8353, October 22,1997)
d. When the offended party is under (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
2. That the act of sexual assault is committed by any of the following means:
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;
3. That the act of sexual assault is accomplished under any of the following circumstances:
d. When the offended party is under (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
Under Republic Act No. 8353, the crime of rape can now be committed by a male or a
female. Before its amendment, rape could be only be committed by a male person.
Penalties (Art 266-B) Rape under paragraph lof the Art 266-A shall be punished by reclusion
perpetua.
a. Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
b. When by reason or on the occasion of the rape, committed by reason or on the occasion
thereof, the victim has become insane, the penalty shali be reclusion perpetua to death.
c. When rape is attempted and a homicide is the penalty shall be reclusion perpetua to
death
d. When by reason or on the occasion of the rape, homicide is committed the penalty shall
be death.
1. When the victim is under eighteen (18) years of age and the offender is parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the
third of rape is committed with any of the following civil degree, or the common law
spouse of the parent of the victim.
2. When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution.
3. When the rape is committed in the full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity.
7. When committed by any member of the Armed Forces of the Philippines or Para-
Military units thereof or the Philippine National Police or any Law Enforcement
Agency of penal institution, when the offender took advantage of his position to
facilitate the commission of crime.
8. When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability.
9. When the offender knew of the pregnancy of the offended party at the time of
the commission of crime.
10. When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.
a. Whenever rape is committed with the use of deadly weapon or by two or more
persons, the penalty shall be prison mayor to reclusion temporal.
d. Reclusion temporal shall also be imposed if the rape is committed by any of the
ten aggravating circumstances mentioned in this article (RA No.8353)
Effect of Pardon (Art 266-C) The subsequent valid marriage between the offender and the
offended party shall extinguish criminal action or the penalty imposed.
In case the legal husband who is the offender, the subsequent forgiveness by the wife as the
offended party shall extinguish criminal action or the penalty provided, that crime shall not
be extinguish or the penalty shall not be abated if the marriage be void abinitio (RA No.8353)
Presumptions (Art 266-D) 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 her/him incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under article Art 266- A (RA No.8353)
Discussions
The term "crimes against the person" refers to a broad array of criminal offenses which
usually involve bodily harm, the threat of bodily harm, or other actions committed against
the will of an individual. Those involving bodily harm for the threat thereof) include assault
and domestic violence. Additionally, offenses such as harassment, kidnapping, and stalking
also are considered crimes against the person.
This chapter explains the different provisions of criminal law such as; Murder, Homicide,
parricide and infanticide, Rape, etc. Like for instance in Murder. Any person who, not falling
within the provisions of art 246, shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period to death, if committed with any of
the following attendant circumstances, Art 248 RPC the following circumstances is present.
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing to weaken the defense, or of means or persons to insure or afford impunity:
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim,
outraging or scoffing at his person or corpse.
Enhancement Activity/Outcome:
Instruction: Print out this activity and scanned your answered paper sheet in .pdf format and
send it to arnelproque1975@gmail.com
Name: ____________________________________ Sheet Number: ___________________
Instruction: Choose the best answer. Write your answer (letter only) on the space before the
number (question).
1. This is the unlawful killing of any person which is not parricide or infanticide.
a. Murder
b. Homicide
c. Infanticide
d. Parricide
2. The "Mercy Killing" practice of painlessly putting to death a person suffering from some
incurable disease.
a. Euthanasia
b. Homicide
c. Abortion
d. Parricide
3. It is the death of a person brought about by a lawful act performed with proper care and
skill and without homicidal intent.
a. Accidental Homicide
b. Homicide
c. Infanticide
d. Parricidal
4. The killing of any child less than 3 days (72 hours) of age, whether the killer is the parent
or grandparent, or any other relative of the child or a stranger.
a. Murder
b. Homicide
c. Infanticide
d. Parricide
5. The willful killing of the fetus in the uterus or the violent expulsion of the fetus from the
maternal womb, which results in the death of the fetus
a. Intentional Abortion
b. Infanticide
c. Abortion
d. Malice
Part II - DEFINITION
1.Murder
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Essential Elements
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2.Homicide
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3. Parricide
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4. Infanticide
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5. Rape
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1. In your own understanding explain who are the person liable for the following crime;
Murder
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Homicide
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Parricide
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Infanticide
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Rape
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2. Explain the imposable penalty to the following crimes related to persons such as;
Murder
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Homicide
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Parricide
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Infanticide
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Rape
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References:
Adams, T; Krutsinger, J. Crime Scene Investigation; Prentice Hall: Upper Saddle River, NJ.
2000;
http://lawphil.net/statutes/repacts/ra1971/ra_6235_1971.html