*** MURDER

*Qualifying circumstance must

be specifically sought for by the
accused for the purpose of
killing (PP vs. Galura, CA 68 OG
3159, cantharides case. Here, if
serious
physical
injuries
resulted, crime would be Art.
264)
*PD 1613 applies if killing is on
the occasion of arson.
INFANTICIDE
*victim must be less than 3 days
old
*If victim is expelled and is less
than 6 months old, crime is
abortion if he was born alive
*If child is born dead and
offender tried to kill him,
offender is guilty of impossible
crime.
KILLING A PERSON:
A. VICTIM
IS
KILLED:
(regardless of intent)
-HOMICIDE with or
without intent to kill;
maybe committed through
reckless
or
simple
imprudence;
-MURDER if qualifying
circumstance/s is/are present
-INFANTICIDE if victim is
less than 3 days old
-PARRICIDE if victim is
ascebdant/descendant
or
legitimate spouse
B. VICTIM IS NOT KILLED:
1. without intent to Kill:
-Physical injuries: serious,
less serious, slight, mutilation

-slander by deed no
physical injury but there is
public humiliation (slapping to
embarrass)
-maltreatment

no
physical
injury
nor
public
humiliation
(slapping
in
a
private setting)
2. with intent to Kill:
a. fatal injury FRUSTRATED
murder, homicide, parricide,
infanticide
b. non-fatal injury or no injury
ATTEMPTED homicide, murder,
parricide, infanticide
Q: Can there be a crime of
Frustrated Homicide through
reckless imprudence?
A:
- No. Frustrated/Attempted
Homicide/Murder/Parricide/Infan
ticide
-Can only be committed
when there is intent To kill,
hence, it cannot be committed
through imprudence.
Crimes against persons and use
of firearm
-for frustrated stage, there must
be fatal wound
-for
attempted
stage,
the
firearm must be fired
-for grave threats, threats must
be clear
-mere drawing of firearm in a
quarrel is only Other Light
Threats
Art.
254
Firearm

Discharge

of

*The firearm is aimed, but there

is no intent to kill. Since it must

be directed to another, it cannot

be
committed
through
imprudence.
*Is there a complex crime of
discharge of firearm and serious
or less serious physical injuries?
Yes (Justice Javier)
*If only slight physical injuries
are inflicted, there are two
crimes: discharge and slight
physical injuries. (Justice Javier)
-Note that discharge of Firearm
is a crime under RPC, not under
RA
8294,
hence
can
be
complexed. Ladjaalam does not
apply (RA 10591)
***ABORTION
Abortion is the killing of
the fetus in the uterus, or
the expulsion of the fetus
from the maternal womb
which results in the death
of the fetus.
Abortion is not a crime
against the mother but
against the child
Under
the
Philippine
Constitution, the unborn
child is protected.
Art.
256.
Abortion

Art.
257.
Unintentional
Abortion (maybe committed
even if the offender had no
knowledge of the pregnancy of
the victim, contemplates the
use of force by another person,
not the woman herself)
In Unintentional Abortion,
there must be violence,
which
must
be
intentionally exerted, but
there is no specific intent
to cause the abortion. It
cannot
be
committed
through intimidation.
DUEL

A mere fight as a result of

an agreement is not
necessarily
a
duel
because a duel implies an
agreement to fight under
determined conditions and
with the participation and
intervention of seconds,
who fix such conditions

Both
combatants
and
seconds are punished

Seconds are punished as

accomplices

Intentional

offender must know of the

pregnancy; this specific
criminal intent is required
in Art. 256
the person liable under
this article is the person
who caused the abortion.
The woman is liable under
Art. 258 if she consented.

MUTILATION
Mutilation is the looping or
the clipping off of some
part of the body which is
not susceptible to growth
again.
It
must
be
intentional.

 Kinds of Mutilation:
a. intentional mutilation by
depriving victim, partially
or totally, of organ of
reproduction
b. intentional mutilation by
looping off of any part of
the body other than
reproductive organ.
PHYSICAL INJURIES
Physical Injuries is a
crime. It has no stages

formal

Art. 263 Serious Physical

Injuries
-When is serious physical
injuries qualified?
1. when it would have been
parricide;
2. when it would have been
murder.
Art. 264. Administering
Injurious substances or
beverages
Art. 265. Less serious
physical injuries
Art. 266. Slight Physical
injuries
-Slight physical injuries
cannot be complexed with
another crime.
-If committed against a
minor, it is not automatically
child abuse under Art. 7610,
unless it caused some degree
of
psychological effect on
the minor, or is cruel. (PP vs
Araneta)
-Intent to kill is not always
manifested by utterances.
Other
overt
acts
may
determine it.

*** RAPE
*2 Kinds of Rape:
1.) Carnal Knowledge
a. through force, threat
intimidation;
b. offended is deprived
reason;
c. fraudulent machination
abuse of authority;
d. offended part is under 12
old or is demented

or
of
or
yrs

2.) Sexual Assault

o When
is
consummated:

Rape

PP vs. Dalisay, G.R. No.

133926, Aug 6,2003
ZFull
penetration
is
not
required to consummate carnal
knowledge, as proof of entrance
showing
the
slightest
penetration of the male organ
within the Labia or Pudendum of
the female organ is sufficient
(also PP vs.Jalosjos, Nov. 16,
2001) Thus there can be Rape
even if the parties are standing.
PP vs Basquez, G.R.
144035, Sept. 27,2001

No.

Penile
invasion
necessarily
entails contact with the labia.
Even the briefest of contracts,
without laceration of the hymen,
is deemed to be rape

May a woman commit Rape?

- Rape by sexual assault may be
committed by a woman, against
another woman
- Rape by sexual intercourse
may be committed by a woman,
provided that she commits it
together with a man.
PP vs. dela Torre, G.R. No.
121213, January 13,2004 (also
PP vs. Villamala and PP vs.
Saba)
Degree of
required

resistance

PP vs. Gondaway, July 23,

2002
Any
physical
overt
act
manifesting resistance in any
degree from the victim is
admissible as evidence of lack
of consent. Tenacious resistance
is not required. Neither is
determined
and
persistent
physical struggle necessary.
(This is a deviation from PP vs.
Lago, CA, 46 O.G 1356 which
required tenacious resistance
and not mere initial reluctance)
PP vs. Guttierez, May 9,2003
Physical resistance need not be
proved
in
rape
when
intimidation is exercised upon
the victim and she submits
herself, against her will, to the
rapists advances because of
fear for her life and personal
safety.

RAPE
Sweetheart theory will be
effective as defense only if:
1. there is proof of the fact of
being lovers
2. there
is
compelling
evidence that the sex was
consented
PP vs. Bautista, June 3, 2004
Love is not a license for lust
PP vs. Agsaoay, June 3, 2004
Moral character of the victim is
immaterial in rape
PP vs. Lining, July 11, 2002
The main objective of the
accused when the victim was
taken to the house of Mila
Salvacion was to rape her.
Hence, forcible abduction is
absorbed in the crime of rape.
No complexing here.
*Incestuous
resistance
ascendancy
considered
force.

rape physical
not
required,
of
offender
is
constructive

*Statutory Rape Consent of

the victim in statutory rape has
no bearing because her minority
makes her incapable of giving
consent.
*Distinctions among Acts of
Lasciviousness,
Attempted
Rape, and Unjust Vexation
*Baleros vs. People, Feb. 22,
2006

The attempt which the RPC

punishes is that which has a
logical
connection
to
a
particular, concrete offense, that
which is the beginning of the
execution of the offense by
overt acts leading directly to its
realization and consummation.
Absent
the
unavoidable
connection,
as
where
the
purpose of the offender is not
certain, what obtains is an
attempt
to
commit
an
indeterminate offense.
Overt or external act is some
physical activity indicating the
intention to commit a particular
crime more than a mere
planning or preparation, which if
carried out to its termination ,
will necessarily ripen into a
concrete offense.
*Sombilon vs. People, G.R.
177528, Sept. 30, 2009
The term lewd is commonly
defined as something indecent
or obscene; it is characterized
by or intended to excite crude
sexual desire. That an accused
is entertaining a lewd or
unchaste design is necessarily a
mental process the existence of
which can be inferred by overt
acts carrying out such as
intended, i.e., by conduct that
can only be interpreted as lewd
or lascivious.