Criminal Law 2-C

Tuesdays 6PM to 10PM

Assignment No. 03 for February 26, 2019 Day 4

1. Article 254 RPC

i. When is firing of a gun illegal discharge of firearm? When is it

attempted homicide? When is it Alarm and scandal (Art. 155)?

2. Article 255 RPC

i. Distinguish parricide and infanticide.

3. Article 256 RPC

i. What are the ways of committing intentional abortion?

Physical Injuries

4. Article 262

i. What is mutilation?
ii. What are the kinds of mutilation?

Rape

Is RA 8353 a gender law? Can rape be committed by any person

regardless of sex? Can the victim be of either sex?

Rape

Read any textbook on Article 266-A, 266-B RPC

R.A. No. 9262 (See Cruz vs. People)

R. A. 8353 (See Cruz vs. People)

R.A. 7610
Study guide questions:

a) What are the classifications of rape? How are these committed?

b) What are the elements of each mode of rape?
c) What are the stages in the crime of rape?
d) When is rape attempted and when is it an act of lasciviousness only?
e) Is complete penetration of the male organ essential for rape to be
consummated?
f) Can rape be committed by a woman? Is RA 8353 a gender law? Can
rape be committed by any person regardless of sex? Can the victim be of
either sex
g) What is statutory rape?
h) When is qualified rape committed?
i) What is marital rape?
j) What is sweetheart rape?
k) What is gender free rape?
l) Can rape occur even if there is no resistance from the victim?
m) What is instrument or object free rape?
n) When is a crime denominated as “rape with homicide.”
o) What makes a crime “acts of lasciviousness.”

(36) People vs. Orita, 184 SCRA 105, [G.R. No. 88724], (April 3, 1990)

(37) People vs. Campuhan, 329 SCRA 270, [G.R. No. 129433],( March 30,
2000)

(38) People vs. Mahinay, 302 SCRA 455, [G.R. No. 122485 ],(February 1,
1999)

(39) People vs. Padigos 687 SCRA 245, [G.R. No. 181202], (December 5, 2012)

(40) People vs. Quintos, 740 SCRA 179, [G.R. No. 19940] (Nov. 12, 2014)

(41) People vs. Caoile, 697 SCRA 638[G.R. No. 203041] (June 5, 2013)

(42)People vs. Crisostomo 715 SCRA 99, [G.R. No. 196435] (Jan. 29, 2014)
(43) People vs. Jumawan, 722 SCRA 108, [G.R. No. 187495], (April 21, 2014)

(44) Cruz vs. People, 737 SCRA 567

R.A. 7610 – Child Abuse Law

(45) People vs. Optana, 351 SCRA 485, [ G.R. No. 133922],( Feb. 12, 2001)

(46) Malto vs. People, 533 SCRA 643, [G.R. No. 164733], (September 21,
2007)

To be continued …………