Art 365 rpc v

LESS SERIOUS –Depends upon incapacity for labor exceeding 9 but not exceeding 30 days

SLIGHT PHYSICAL - does not exceed 9 days

Concussion , black eye, requiring medical treatment

If treatment can be proven there can be slight physical injury

Act of slapping = ill treatment/maltreatment

Law requires a determination : physical injury inflicted

Is the injury inflicted susceptible of producing an outcome

(x) file complaint for less serious: by citing physicians estimate with regard to the effect or number of
days (x) labor

Hazing vs Initiation

Hazing- regulated : initiation right or practice + employment of means to embarrass or humiliate

Consequence: physical injuries : (law addresses manner consequences of hazing will be penalize

Deformity – lack of front teeth (not susceptible of being restored through natural action of nature.)

There can be an initiation without hazing

ART 335 RPC

1992-1997 = form of Rape defined in a traditional sense : Male against female

1997  developments took place : crime of rape underwent a redefinition – sort of sexual assault

No longer a crime against chastity but a crime against person –

RA 8252: rape remains the same. Only :: as far as commission is concerned :: law added as means to
commit sexual intercourse: use of a mere threat.

Threat – sufficient to convert carnal knowledge of a woman from consented intercourse into rape

Moral ascendancy of offender over an offended party (sufficient to annul consent) :: criminalizes
intercourse because of absence of consent (ex: father over daughter)

** requirement for resistance : victim of rape must show some degree of resistance to efforts of
offender – Prove absence of consent
Resistance must be tenacious : old

Present rule: Any act of resistance sufficient to establish :::

May be in a condition : unable to resist / incapable of giving valid consent (intoxicated etc)

Statutory rape : infers ::: children: women less than 12 years of age: incapable of giving consent

Mental, intellectual, emotional condition, no better significantly.

Initial resistance/ reluctance (x) mean absence of consent

Husband cannot be liable for rape, but may be liable for coercion (before)

Now: a husband can be guilty of rape (there can now be rape between husband and wife)

Rape unconsented sexual intercourse between man and a woman (includes husband and wife)

RA 8353: liable husband (included martial rape) Sexual conduct (x) have anything to do with
reproduction

Sexual act is a part of marriage in fact one can be said to be psychologically incapacitated if he
continuously refuses to have intercourse with his or her spouse

Sexual Assault: Inserting penis to mouth/anus/inserting any foreign object

Consumated Rape x Homicide , below 18 years or age, offender is parent, common law spouse of parent
of victim, relative (moral ascendancy), STD, AIDS, VIRUS , committed by army/law enforcing officers
(taking advantage of position), pregnancy at time of commission of crime, suffers from mental
disability (less severe form) , dementia , becomes a handicap (aggravating circumstances) = death

Child rape : rape of child less than 7 years of age DIFFERENT FROM STATUTORY RAPE

**requirement of actual transmission to victim / immediately transmitted : difficult to apply provision

*** law does not specify degree of gravity of STD (can be curable)

***

ART 266- E reference to 344

Pardon : committing crime with principal offender ,accessories

There could be a principal by indispensible cooperation

Effect: abate criminal action: extensive to all co-participants

Effect is on the action

RA 8353 : means for husband to extinguish right to file action by marrying offended party, extends to co-
participants

TITLE NINE : CRIMES AGAINST LIBERTY AND PERSONAL SECURITY

ART267 : SERIOUS ILLEGAL DETENTION/ KIDNAPPING

NO LESS SERIOUS

2 TYPES : serious illegal detention an d kidnapping

Slight illegal detention – not succeeded (does not fall in Art 267)

Person committing crime does not have authority to detain persons

Presupposes deprivation of liberty of another and circumstances enumerated in 267 for purpose of
classifying crime are under 268

Other circumstances (aside from duration, classifies ) Simulation of public authority (hostage taking,
threat to kill)

Inquires to mind of an offender : humanizing acts (rises to level of serious physical injuries)

Torture or dehumanizing act may produce effects :::serious illegal detention

267 : SLIGHT ILLEGAL DETENTION

almost like killing a person

 Penalty reclusion temporal

 Furnishes place for the commission of crime (1 degree lower)
 In serious illegal detention: (liable as co-principal)
 Absolutory cause:

UNLAWFUL ARREST

Watch out won person effecting arrest empowered to arrest if yes (124 Title 2)

Non authorized to detain – Art 269

Art 270 kidnapping of minor :: partly repealed by 267 in so far as it treats kidnapping of minor

 Failure to return a minor : very serious

 Essence: ignoring the limits of his authority to have custody of minor