CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Provisions

CHAPTER 1 CRIMES AGAINST LIBERTY

SEC. 1. ILLEGAL DETENTION

Elements

Notes

Kidnapping and serious illegal detention.

Art. 267. Kidnapping and serious illegal detention. Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: 1. If the kidnapping or detention shall have lasted more than five days. 2. If it shall have been committed simulating public authority. 3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. 4. If the person kidnapped or detained shall be a minor, female or a public officer. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances abovementioned were present in the commission of the offense.

Elements:
1. 2. Offender is a private individual Kidnaps or detains another, or in any other manner deprives the latter of his liberty Act of detention or kidnapping must be illegal That in the commission of the offense, any of following circumstances is present:
The kidnapping or detention lasts for more than 3 days That it is committed in simulating public authority That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him were made That the person kidnapped or detained is a minor, female, or a public officer.

If the offender is a public officer, the crime is arbitrary detention. if puboff has no duty under the law to detain a person, he will be liable under this article. The penalty when the victim is a minor and accused is one of the parents the one in Art. 271(2): arresto mayor or a fine not exceeding P300 or both. Intention to deprive the victim of his liberty for purpose of extorting ransom on the part of the accused is essential in kidnapping. short detention may negate evidence of kidnapping, not enough to show intention to deprive someone of his liberty for some time. Actual demand for ransom is not necessary. Accused is not liable when there is a lack of motive to resort to kidnapping. Actual confinement or restriction of the person of the offended party is essential (i.e. either hes locked up or fear was instilled in her to compel/force her to stay) Illegal detention may consist of not only placing a person in an enclosure but depriving him in any manner of his liberty. Freedom of locomotion is not the same as freedom to leave at will Restraint need not be permanent.

3. 4.

a. b. c.

d.

Qualifying Circumstances: 1. If purpose is to extort ransom. (Death will be imposed even if there are mitigating circumstances; death=single penalty. EXCEPTION: privileged mitigating circumstances e.g. minor) 2. When the victim is killed/dies as a consequence of the detention. 3. Victim is raped 4. Victim is tortured or dehumanized. * max penalty now reclusion perpetua

due to RA 9346

Detention must be illegal. There are cases when it is lawful to detain another (e.g. citizens arrest or when ordered by competent authority or permitted by law) The essential element which makes the offense of kidnapping is the deprivation of an offended partys liberty under any of the 4 instances enumerated. EXCEPTION: If it is for the purpose of extorting ransom. Detention for more than 3 days not necessary when any of the other circumstances is present. Crime is serious illegal detention. Restraint by robbers of house dwellers to prevent them for asking for assistance is not illegal detention. The purpose is immaterial if any of the circumstances of the first paragraph is present. Special Complex Crime of Kidnapping with Murder Before RA 7659 (DoP: 31 Dec 1993) when a kidnap victim is killed, crime would either be a complex crime of kidnapping with murder (kidnapping as necessary means for murder) or 2 separate crimes of kidnapping and murder (murder an afterthought). After RA 7659: added When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed introduced special complex crime of kidnapping with murder/homicide//eliminated earlier distinction. If the main purpose is to kill the victim,

kidnapping is absorbed. When murder not kidnapping specific intent is determinative. There must be indubitable proof. specific intent: used to describe a state of mind which exists where circumstances indicate that an offender actively desired certain criminal consequences/objectively desired a specific result (NOT SYNONYMOUS WITH MOTIVE); kidnapping=motive is ransom May be proven through direct/circumstantial evidence (may be inferred through actions) Ransom: even if purpose is to compel payment money, price, or consideration paid or demanded for redemption of a captures person/persons, a payment that releases from captivity. Conspiracy to extort ransom makes all the conspirators liable, including those who did not take any part of the money. No complex crime of illegal detention with rape Before RA 7659: kidnapping and rape independent crimes After RA 7659: special complex crime of serious illegal detention/kidnapping with rape Last par. of 267 only when person illegally detained/kidnapped is raped. Does not provide for a complex crime of rape with serious illegal detention (illegal detention not a necessary means of Rape) No complex crime of kidnapping with ATTEMPTED RAPE Illegal detention vs. Arbitrary detention illegal detention: private individual,

Slight Illegal Detention

Art. 268. Slight illegal detention. The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos.

Elements: 1. 2.

3. 4.

That the offender is a private individual That he kidnaps or detains another, or in any other manner deprives him of his liberty That the act of kidnapping or detention is illegal That the crime is committed without the attendance of any of the circumstances in Art. 267

crime against personal liberty and security arbitrary detention: puboff, crime against fundamental law of the State Liability of accomplice in slight illegal detention. same penalty incurred by anyone who furnished the place for the perpetration of the crime. co-principal other accomplices: one degree lower than that provided for illegal detention. Privileged mitigating circumstance (lower by one degree) if offender (ONLY FOR ART ART. 268): 1. Voluntarily releases the person kidnapped/detained within 3 days from the commencement of the detention 2. Without having attained the purpose intended 3. Before the institution of criminal proceedings against him. He must show he was in a position to keep victim for more than 3 days After crim proceedings not allowed: repentance must be through fear Voluntary release not mitigating in Art. 267 e.g. if a woman was kidnapped Offender is any person (puboff/private individual) Under Sec. 6, Rule 113 of the Revised Rules of Criminal Procedure: a private person may arrest an individual without warrant under the circumstances when puboffs can make arrest. No unlawful arrest, when the arrest is authorized by a warrant issued by the court. Unlawful arrest vs. Illegal detention unlawful arrest: purpose of locking up/detaining victim is to deliver him to the proper authorities. Unlawful arrest vs. Delay in the delivery of

Unlawful arrest

Art. 269. Unlawful arrest. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

Elements: 1. Offender arrests or detains another person 2. The purpose of the offender is to deliver him to proper authorities 3. The arrest or detention is not authorized by law or there is no reasonable ground

detained person Art. 25: detention is for legal ground, failing to deliver within a certain time Unlawful arrest: detention not authorized by law, making an arrest not authorized by law No period of detention is fixed by law, but motive of offender is controlling. if detention is more than 3 days? purpose is controlling, if purpose is to deliver to proper authorities = unlawful arrest absence of motive may be shown by length of detention
SEC. 2. KIDNAPPING OF MINORS

Kidnapping and failure to return a minor

Art. 270. Kidnapping and failure to return a minor. The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

Elements: 1.

Covers all minors. Sec. 5 of RA 18 does not punish kidnapping of a minor but the deliberate failure of the custodian to restore the latter to his parents/guardians. Crime committed by parent: penalty is arresto mayor or a fine not exceeding P300/both Art 267 (Kidnapping) vs. Art 270 (Failure to return) Art 270 = punishes deliberate failure by the person having the custody of the minor to restore such minor to his parents/guardian (CUSTODY ENTRUSTED) Art 267 = CUSTODY NOT ENTRUSTED Article necessarily included under par. 4 of Art 26 267 supercedes 270 Essential element: offender is entrusted with the custody of the minor not necessary if separation from parents is permanent

Offender is entrusted with the custody of a minor (whether over or under 7 years but less than 21 years of age) 2. Deliberately fails to restore the said minor to his parents or guardians

Inducing a minor to abandon his home

Art. 271. Inducing a minor to abandon his home. The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

Elements: 1. That a minor (whether over or over 7) is living in the home of his parents or guardian or the person entrusted with his custody. 2. The offender induces the said minor to abandon such home

The inducement must be actual, committed with criminal intent, and determined by a will to cause damage. to induce: to influence, to persuade It is not necessary a minor ACTUALLY abandons the home. If minor leaves of his own free will no criminal liability A parent may be liable. Despite second paragraph, unlawful cannot be contemplated in this crime.

SEC. 3. SLAVERY AND SERVITUDE

Slavery

Art. 272. Slavery. The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him. If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period.
Art. 273. Exploitation of child labor. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service.

Elements: 1. Offender purchases, sells, kidnaps or detains a person 2. Purpose is to enslave

Qualifying Circumstance: 1. purpose is immoral traffic (prostitution)

Distinguished from Kidnapping purpose must be determined. Slavery: to enslave otherwise, its kidnapping Employment/custody of a minor w/consent of parents = cannot be considered involuntary servitude Obliged to render service without pay as long as debt exists= slavery If not against will= no violation of this article

Exploitation of Child Labor

Elements: 1. Offender retains (but does not detain) a minor in his Indebtedness is not a legal ground to hold a person and deprive him of his freedom to live service where he wills. 2. Against the will of the minor 3. Payment for indebtedness or parents or guardian is the ground for detention

Services rendered under compulsion in payment of debt.

Art. 274. Services rendered under compulsion in payment of debt. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.

Elements: 1. Offender compels a debtor to work for him, either as a household helper or as a farm laborer 2. Against debtors will 3. Purpose is to require or enforce payment of debt

Article very specific about household helper or farm laborer e.g. janitor=not punishable under this act Article does not distinguish WoN victim is a minor. In 273: service of minor not limited to household/farm

CHAPTER 2 CRIMES AGAINST

SECURITY
SEC. 1. ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS

Abandonment of persons in danger and abandonment of ones own victim

Art. 275. Abandonment of person in danger and abandonment of one's own victim. The penalty of arresto mayor shall be imposed upon: 1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. 2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured. 3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place.

Three acts punishable: 1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense: Elements:
a. b. That the place is not inhabited The accused found there a person wounded or in danger of dying The accused can render assistance without detriment to himself The accused fails to render assistance

If offender wounds another, 275 is N/A as he did not find him. Omission constituting a more serious offense: e.g. had custody of minor who died for failure to render assistance punished in Art 276 Par. 2 applicable only when someone is accidentally injured, not if injury is intentional. Third act: immaterial WoN offender knew child is under 7 Par. 3: also applicable to lost children. Child under 7 in par. 3 must be found in an unsafe place.

c.

d.

2. By failing to help or render assistance to another whom the offender has accidentally wounded/injured. Elements:

a.

b.

The accused accidentally wounded or injured another person The accused fails to help or render assistance to the person he injured

3. By failing to deliver a child, under 7 years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place. Elements:
a. The accused found an abandoned child (under 7 years of age) The accused fails to deliver the child to a safe place, the authorities or the childs family

b.

Abandoning a minor

Art. 276. Abandoning a minor. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him. When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision correccional in its minimum and medium periods. The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.

Elements: 1. The offender has the custody of a child 2. The child is under 7 years of age 3. That he abandons such child 4. That he has no intent to kill the child when the latter is abandoned

If there is intent to kill = article does not apply; infanticide, murder, parricide, may apply. Intent to kill cannot be presumed from the death of the child (presumption only applicable to crimes against persons) A permanent, conscious and deliberate abandonment is required in this article. so long as there is an interruption of the care and the protection the child needs due to his tender age

Qualifying Circumstances: 1. death resulted from abandonment 2. life of minor was in danger because of abandonment Acts Punished:

Abandonment of Minor by Person Entrusted with his

Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents. The

Only person charged with rearing/education is liable

Custody; Indifference of Parents

penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities. The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit.

1. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities.
Elements: a. That the offender has charge of the rearing or education of a minor b. That he delivers said minor to a public institution or other persons c. That the one who entrusted such child to the offender has not consented to such act; or if one who entrusted such child to the offender is absent, the proper authorities have not consented to it.

- rear: to bring to maturity by educating/nourishing Art 276 and Art 277, distinguished: As compared to the general custody stated in Art 276, this article is specific to the custody in rearing and education. In Art 276, the minor is under 7 years of age; in Art 277, the minor is under 18 years of age In Art276, there is a complete deprivation and abandonment of care and protection for a child of young age. In 277, minor is delivered to a public institution or to another person. Obligation to educate terminates if mother and children refuse without good reason to live with accused. Failure to give education must be due to deliberate desire to evade such obligation - so if father cannot afford it, he is not liable.

2. By neglecting his (offenders) children by not giving them the education which their station in life requires and financial condition permits.
Elements (Par 2): a. The offender is a parent b. That he neglects his children by not giving them education c. That his station in life requires such education and his financial condition permits it Acts Punished: 1. By causing any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person

Exploitation of Minors

Art. 278. Exploitation of minors. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon: 1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical

Exploitation of Minors vs. Inducing a Minor to Abandon His Home If the purpose of inducing the minor to leave his home is not for the purposes mentioned in Par 5, it is punishable under Art. 271

strength, or contortion. 2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants. 3. Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any descendant of his under twelve years of age in such dangerous exhibitions. 4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar. If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period. In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority. 5. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

2.

3.

4.

5.

By employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope walker, diver, or wild-animal tamer, the offender being an acrobat, etc., or circus manager or person engaged in a similar calling By employing any descendants under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of the said callings By delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child By inducing any child under 16 years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender being any person.

In Exploitation: below 21 (18) in Inducing: below 16

Offender deprived of parental authority or guardianship (temporarily/permanently) Exploitation must endanger life of child.

Qualifying Circumstance: - if made in consideration of any price, compensation or promise.

Additional penalties for other offenses
Art. 279. Additional penalties for other offenses. The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code.

SEC. 2. TRESPASS TO DWELLING

Qualified trespass to dwelling

Art. 280. Qualified trespass to dwelling. Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos. If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos. The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.

Elements:

1. The offender is a private person 2. That he enters the dwelling: any building/structure exclusively devoted for rest and comfort dwelling of another depends upon use to which it is put 3. That such entrance is may include room if victim was boarder, against the latters will etc. Qualifying Circumstance: Entrance to dwelling: must be against will of - offense committed by means of owner/occupant, not just mere lack of consent, should be against presumed/express prohibition violence or intimidation.
of occupant. Exemptions to Art 280: 1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or rd a 3 person 2. If the purpose is to render some service to humanity or justice 3. If the place where the entrance is made is a public house while it is open. Lack of permission does not amount to prohibition. All mems of household presumed to have authority to extend an invitation to enter the house. Implied prohibition: e.g. late hour at night, door closed, weak lock, told to wait outside, through places not intended for entrance (e.g. windows) Prohibition must exist prior or at time of entrance. What is intended to be protected and preserved is the privacy of ones dwelling. There is a conflict WoN violence can also refer to things, not just persons: SC decision=applicable, CA=cannot refer to things e.g. of violence: pushing door violently and maltreating occupants inside, cutting ribbon/string serving as lock, wounding owner after entering house e.g. of intimidation: firing shot in air, flourishing

If offender is puboff = crime is violation of domicile

weapon Violence/intimidation may take place immediately after the entrance; refers also to conduct after gaining access. Prohibition not necessary when violence/intimidation was employed. Trespass may be committed by owner when he enters even against the will of the ACTUAL OCCUPANT. All trespassers ordinarily have intention to commit another crime but if there is no overt act of the crime intended to be committed, the crime is only trespass to dwelling. when separate from other offenses: crimes not complexed (if purpose was to kill, dwelling would be an AC, no intent to kill when dwelling was entered=separate offenses) justice does not include breaking into someones house suspecting he stole something
Other forms of trespass
Art. 281. Other forms of trespass. The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

Elements:
1. That offender enters the closed premises or the fenced estate of another That the entrance is made while either of them is uninhabited That the prohibition to enter be manifest That the trespasser has not secured the permission of the owner or the caretaker thereof
Trespass to Dwelling (Art 280) Private person Enters a dwelling house Place entered is inhabited Entering dwelling against the will of the owner Prohibition to enter needs to be express or implied Trespass (Art 281) Offender can be any person Enters closed premises or fenced estate Place entered is uninhabited Entering without securing the permission of the owner or caretaker Prohibition to enter must be manifest

2.

3. 4.

Premises: distinct and definite (fixed) locality.

Slight Physical Injuries and Maltreatment

Art. 266. Slight physical injuries and maltreatment. The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall illtreat another by deed without causing any injury.

Elements: 1. Physical injuries not described under Art. 263 and 264 2. Injuries result in any of the following (in order of severity): 3 Kinds: o Offended party is incapacitated for labor from one to nine days or shall require medical attendance during the same period. o Physical injuries do not prevent the offended party from engaging in his habitual work or does not require medical assistance. o Offender ill-treats another by deed without causing any injury

Some hours after 9 days, not amounting to ten days. E.g. of injuries: black eye/contusion on face When there is no evidence of actual injury, it is only slight physical injuries. Supervening event converting the crime into serious physical injuries after the filing of the information for slight physical injuries can still be the subject of a new charge.

RA 9262 Anti-Violence Act Against Women and Their Children Act of 2004

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN SECTION 3. Definition of Terms.- As used in this Act, (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: A. "Physical Violence" refers to acts that include

bodily or physical harm; B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; c) Prostituting the woman or child. C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. destroying household property; 4. controlling the victims' own money or properties or solely controlling the conjugal money or properties. ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN SECTION 5. Acts of Violence Against Women and

Their Children.- The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children. PENALTIES SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules: (a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor. Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor. (b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor; (c) Acts falling under Section 5(e) shall be punished by prision correccional; (d) Acts falling under Section 5(f) shall be punished by arresto mayor; (e) Acts falling under Section 5(g) shall be punished by prision mayor; (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor. If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section. In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b)

undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

CHAPTER 3 RAPE
Article 266-A. Rape: When And How Committed. Rape is committed: 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a. Through force, threat, or intimidation; b. When the offended party is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; and d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (RA 8353; 22 Oct 1997)

Elements under Paragraph 1: 1. Offender is a man/woman; (as amended by RA 8353) 2. Offender had carnal knowledge of a man/woman; (as amended by RA 8353) 3. Such act is accomplished under any of the following circumstances: a. By using force or intimidation; b. When the woman is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented. Elements under paragraph 2 1. Offender commits an act of sexual assault; 2. 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

RA 8353 (An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as A Crime against Persons, Amending for the Purpose the Revised Penal Code) - Repealed Article335 on rape and added a chapter on Rape under Title 8. Who can commit rape: male/female Character of woman immaterial in rape. Multiple rape by two/more offenders. - each accused should suffer two sentences of rape because each sexual intercourse was consummated separately. Classification of Rape PAR 1: Rape by Sexual Intercourse - Rape is committed when an offender has carnal knowledge of a victim under the following circumstances (contact of penis with vagina): penetration is necessary only one of the 4 circumstances is necessary 1. Where intimidation or violence is employed with a view to have carnal knowledge of a woman; Degree of force: necessary to constitute the rape Force used against the victim of rape need not be of such character as could be resisted. It is enough that the force used is sufficient to consummate the culprits purpose of copulating with the offended woman. Resistance: if futile, does not amount to consent Intimidation: must be viewed in light of

person; 3. The act of sexual assault is accomplished under any of the following circumstances: a. By using force or intimidation; or b. When the woman is deprived of reason or otherwise unconscious; or c. By means of fraudulent machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented.

2.

3.

4.

the victims perception and judgment at the time of the rape. It is enough that it produces fear of imminent danger to the victims life. Moral ascendancy or influence: can be substituted to physical force or intimidation such as fathers/daughters , stepfathers/stepdaughters, godfather/goddaughter , uncles/nieces, teacher/student Offender had influence over the victim: not necessary that she put up a determined resistance Rape may be proven by the uncorroborated testimony of the victim. However it must be conclusive, logical, and probable. Where the victim is deprived of reason or otherwise unconscious; Victim has no will (insane, mental deficiency, sleeping, narcotics) Consummated Rape: t is enough that the labia of the female organ was penetrated No crime of Frustrated Rape: from the moment the offender has carnal knowledge of his victim, he actually attains his purpose and all the elements of the offense have been completed. There can only be consummated or attempted rape. Attempted rape is shown by the intent of the accused to have carnal relations with the victim. Resignation to the consummated act is not consent since the crime has already been consummated Where the rape was made possible because of fraudulent machination or abuse of authority; (teacher / student) Where the victim is under 12 years of age, or demented, even though no intimidation nor violence is employed.

(STATUTORY RAPE) There is rape even if the victim consented since the law considers the underage victim not to have a will of her own or is not mature / capacitated to make the decision.

PAR. 2: Rape by Sexual Assault - committed with an instrument or an object or use of the penis with penetration of mouth or anal orifice. The offended party or the offender can either be man or 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. Fingers are considered objects / instruments. the character of the offended woman is immaterial in rape. It is important that the illicit relations were committed with force and violence and without consent rape by two or more offenders - each should suffer two sentences since each intercourse was consummated separately and independently from each other When rape is punishable by death: 1.) when by reason of rape , homicide is committed 2.) under 18 years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim 3.) victim is in the custody of the police / military / any law enforcement or penal institution 4.) when committed in full view of the husband , parent, any of the children or rd other relatives within the 3 civil degree of consanguinity

5.) the victim is a religious is engaged in legitimate religious vocation or calling and is personally known to be such by the offender before the consummation of the crime 6.) child below 7 years of age 7.) when the offender knows that he is afflicted with HIV/AIDS or any other STDs and the sickness is transferred to the victim 8.) committed by AFP, units of the PNP, or any law enforcement agency or penal institution when the offender took advantage of his position to facilitate the consummation of the crime 9.) when by reason of the rape, the victim has suffered permanent physical mutilation or disability 10.) when the offender knew of the pregnancy of the offended party at the time of the crime 11.) 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 offense

Penalty

"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. "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. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

If theres no death penalty , reclusion perpetua without eligibility of parole shall be imposed Rape with homicide is a special complex crime. Ex. Offender rapes victim then kills her. Offender has AIDS, rapes victim, victim dies due to AIDS. Rape committed under any of the 4 circumstances Rape committed with the use of a deadly weapon or by 2 or more RP PM

RP to death

PM to RT

"The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: "l) When the victim is under eighteen (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 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 full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; "4) 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 commission of the crime; "5) When the victim is a child below seven (7) years old; "6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim; "7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the 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 the crime; and

persons Rape where victim becomes insane Attempted rape and homicide is committed Rape with homicide Rape with aggravating / qualifying circumstances

RP to death RP to death Death (RP) Death (RP)

RT

RT to RP

RP RT

When the homicide is committed NOT by reason or on the occasion of the rape. Accused raped elder sister while she was dying. Murdered 2 sisters crime is double murder with rape not complex crime of rape with homicide since victim was already on the threshold of death. Moral damages is to be automatically awarded without necessity for pleading proof of mental/physical suffering.

"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. "Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua. "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua. "Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article. Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party 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.

Effect of Pardon

Marriage extinguishes not only the penal action, but likewise the penalty that may be imposed Marriage only extinguishes the criminal liability of the principal not the accomplices and accessories. (when Rape was a crime against chastity, accomplices and accessories does not extinguish criminal liability) This provision is not applicable to multiple rape because while marriage with one defendant extinguishes the criminal liability Legal husband may be may be charged of the rape of his wife as amended by RA 8353. The subsequent forgiveness by the wife as the offended party 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.

It is only in crimes against chastity that pardon/forgiveness by the offended party shall bar the prosecution of the offense committed but rape is no longer a crime against chastity. Exception: offender is husband Under the new law, the husband may be liable for rape if his wife does not want to have sex with him. It is enough that there is indication of any amount of resistance as to make it rape. Evidence which may be accepted in the prosecution of rape a.) any physical overt act manifesting resistance against the act of rape in any degree from the offended party b.) where the offended party is so situated as to render him/her incapable of giving consent The new rape law also requires that there be a physical overt act manifesting resistance, if the offended party was in a situation where he or she is incapable of giving valid consent, this is admissible in evidence to show that carnal knowledge was against his or her will. Mere initial resistance, which does not indicate refusal on the part of the offended party to the sexual intercourse, will not be enough to bring about the crime of rape.

Presumptions

"Article 266-D. Presumptions. - 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 266-A."