Crimes against

Persons

Parricide
Elements:

(1) Person is killed;

(2) Deceased is killed by the accused;
(3) Deceased is the
(a) legitimate/illegitimate father
(b) legitimate/illegitimate mother
(c) legitimate/illegitimate child
* should not be less than 3 days old, otherwise crime is
infanticide
(d) other legitimate ascendant
(e) other legitimate descendant
(F) legitimate spouse

NOTE:
Essential element:

relationship of offender with the victim;

except for spouses, only relatives by blood
and in direct line.
Hence, adopted are not included.
[Reyes]

TO REMEMBER:
Supreme Court ruled that Muslim husbands

with several wives can be convicted of

parricide only in case the first wife is
killed.
A stranger who cooperates and takes part in

the commission of the crime of parricide, is

not guilty of parricide but only homicide or
murder, as the case may be.

Death or Physical Injuries Under

Exceptional Circumstances
Elements:
(1) A legally married person, or a parent, surprises his
spouse or his daughter, the latter under 18 years of age
and living with him in the act of sexual intercourse with
another person;
(2) He or she kills any or both of them, or inflicts upon

any or both of them any serious physical injury in the

act or immediately thereafter;
(3) He has not promoted or facilitated the prostitution of his

wife or daughter, or that she has not consented to the

infidelity of the other spouse.

Article does not apply:

If the surprising took place

before any actual sexual

intercourse could be done.

Murder
NOTE:
One attendant qualifying circumstance is
enough. If there are more than one alleged in
the information for murder, only one will
qualify the killing to murder and the other
circumstances will be taken as generic
aggravating circumstance.
Any of the qualifying circumstances

enumerated in Art. 248 must be alleged in

the information.

TREACHERY
The essence of treachery is that the

offended party was denied the chance to

defend himself because of the means,
methods, deliberately adopted by the
offender and were not merely incidental to
the killing.
Killing of a child of tender age is murder

qualified by treachery.

FIRE
When a person is killed by fire, the primordial

criminal intent of the offender is considered.

MURDER- If the primordial criminal intent of the

offender is to kill and fire was only used as a means

to do so
ARSON

WITH HOMICIDE- If the primordial

criminal intent of the offender is to destroy
property with the use of pyrotechnics and
incidentally, somebody within the premises is killed

CRUELTY
Under Article 14, the generic aggravating

circumstance of cruelty requires that the

victim be alive, when the cruel wounds
were inflicted and, therefore, there must
be evidence to that effect.
Yet, in murder, aside from cruelty, any act

that would amount to scoffing or decrying

the corpse of the victim will qualify the
killing to murder.

Homicide
Elements:
(1) Person was killed;
(2) Offender killed him without any
justifying circumstances;
(3) Offender had the intention to kill, which
is presumed;
(4) Killing was not attended by any of the
qualifying circumstances of murder, or by
that of parricide or infanticide

NOTE:
Use of unlicensed firearm is an

aggravating circumstance in
homicide.

Infanticide
Elements:
(1) A child was killed by the accused;
(2) The deceased child was less than 3 days

old.

Intentional Abortion
Ways of committing intentional abortion:
(1) Using any violence upon the person of the

pregnant woman;
(2) Acting, but without using violence, without the

consent of the woman. (By administering drugs or

beverages upon such pregnant woman without her
consent.)
(3) Acting (by administering drugs or beverages),

with the consent of the pregnant woman.

Unintentional Abortion
Elements:
(1) There is a pregnant woman;
(2) Violence is used upon such pregnant woman
without intending an abortion;
(3) The violence is intentionally exerted;
(4) Result of violence fetus dies, either in the
womb or expelled therefrom

NOTE:
Unintentional

abortion
requires
physical
violence
inflicted
deliberately and voluntarily by a third
person upon the pregnant woman,
without intention to cause the
abortion.

NOTE:
If the pregnant woman aborted

because of intimidation, the

crime
committed
is
not
unintentional abortion because
there is no violence; the crime
committed is light threats.

Physical Injuries
Mutilation
CASTRATION - intentionally mutilating another
by depriving him, either totally or partially, of
some essential organ for reproduction
MAYHEM
intentionally
making
other
mutilation other than some essential organ
for reproduction and to deprive him of that part
of the body

Serious Physical Injuries

Modes of Commission:
(1)
(2)
(3)
(4)

By wounding;
By beating;
By assaulting; or
By administering injurious
substance. (Art. 264)

When the injured person, in

consequence of the physical
injuries inflicted

(1) becomes insane, imbecilic, impotent or blind

(2) loses the use of speech or the power to hear or to smell, or

loses an eye, a hand, afoot, an arm, or a leg;

(3) loses the use of any such member;

(4) becomes incapacitated for the work in which he was

theretofore habitually engaged, in consequence of the physical

injuries inflicted;

(5) becomes deformed; or

(6) loses any other member of his body;

Serious Physical
Injuries
(7) loses the use thereof; or
(8) becomes ill or incapacitated for the

performance of the work in which he was

habitually engaged for more than 90
days in consequence of the physical
injuries inflicted;
(9) becomes ill or incapacitated for labor

for more than 30 days (but must not be

more than 90 days), as a result of the

Less Serious Physical

Injuries
Elements:
(1) Offended party is incapacitated for labor

for 10 days or more (but not more than

30 days), or needs medical attendance for
the same period of time;
(2) The physical injuries must not be those

described in the preceding articles.

Slight Physical
Injuries
Physical

injuries incapacitated
the offended party for labor from
1-9 days, OR required medical
attendance during the same
period;

NOTE:
Slapping the offended party is a form of illtreatment which is a form of slight physical
injuries.
But if the slapping is done to cast dishonor
upon
the person slapped, or to humiliate or
embarrass
the offended party out of a quarrel
or anger, the crime is SLANDER BY DEED.

Rape
Mode 1:

Rape
through
intercourse
consent of the
(Traditional Rape)

sexual
without
woman:

Mode 2: Rape Through

Sexual Assault
Elements:
(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 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.

Crimes Against
Chastity

Adultery
Elements:
(1) that the woman is married;
(2) that she has sexual intercourse with a
man not her husband;
(3) that as regards the man with whom she
has sexual intercourse: he must know her to
be married.

Concubinage

Elements:
(1) That the man must be married;
(2) That he committed any of the following
acts:
(a) keeping a mistress in the conjugal
dwelling;
(b)Having sexual intercourse under
scandalous circumstance with a woman
not his wife;
(c) Cohabiting with her in any other
place;
(3) That as regards the woman, she must

Sample Question:
Suspecting that her husband of twenty years
was having an affair, Leilanie hired a private
investigator to spy on him. After two weeks, the
private investigator showed Leilanie a video of
her husband having sexual intercourse with
another woman in a room of a five-star hotel.
Based on what she saw on the video, Leilanie
accused her husband of concubinage.
Will the case of concubinage prosper?

Answer:
NO.

A case for concubinage will not prosper

because said crime may be committed only by
a husband in three (3) ways.
The facts of the case given do not constitute
any of the situations above-stated.

TO REMEMBER:
The woman only becomes liable only if she

knew him to be married prior to the

commission of the crime.
A

married man is not liable for

concubinage for mere sexual relations
with a woman not his wife. A man would
only be guilty of concubinage if he appeared
to be guilty of any of the acts punished in
Art. 334.

Acts of Lasciviousness
Elements:
(1) That the offender commits any act of lasciviousness or
lewdness;
(2) That the is committed against a person of either sex;
(3) That is done under any of the ff. circumstances:
(a) By using force or intimidation; or
(b) When the offended party is deprived of reason or
otherwise unconscious;
(c) When the offended party is under 12 years of age or
is demented.

NOTE:
Lewd

obscene, lustful, indecent,

lecherous; signifies form of immorality
which has relation to moral impurity or that
which is carried in wanton manner

Qualified Seduction
Elements:
(1) That the offended party is a virgin, which is
presumed if she is unmarried and of good reputation;
(2) That the she must be over 12 and under 18 yrs. of
age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence,
or relationship on the part of the offender.

SEDUCTION
-Enticing a woman to unlawful sexual
intercourse by promise of marriage or other
means of persuasion without use of force. It
applies when there is abuse of authority
(qualified seduction) or deceit (simple
seduction).

Two classes of Qualified

Seduction:
(1) Seduction of a virgin over 12 years

and under 18 years of age by certain

persons such as, a person in authority, priest,
teacher or any person who, in any capacity
shall be entrusted with the education or
custody of the woman seduced.
(2) Seduction of a sister by her brother,

or descendant by her ascendant, regardless of

her age or reputation.

NOTE:
Virgin - a woman of chaste

character and of good reputation.

The offended party need not be
physically a virgin.

Simple Seduction
Elements:
1) That the offended party is over 12 and
under 18 years of age;
2) That she is of good reputation, single or
widow;
3) That the offender has sexual intercourse with
her;
4) That it is committed by means of deceit.

Purpose of the Law

To punish the seducer who by means

of promise of marriage, destroys the

chastity of an unmarried female of
previous chaste character
Virginity of offended party is not
essential, good reputation is
sufficient.

NOTE:
Promise of marriage after sexual

intercourse
deceit.

does

not

constitute

Promise of marriage by a married

man is not a deceit, if the woman

knew him to be married.

Forcible Abduction
Elements:
(1) The person abducted is any woman,
regardless of her age, civil status or reputation;
(2) The abduction is against her will;
(3) The abduction is with lewd designs.

Abduction
Abduction the taking away of a woman from
her house or the place where she may be for
the purpose of carrying her to another place
with the intent to marry OR to corrupt her.

2 KINDS OF ABDUCTION
Two kinds of abduction:
(1) Forcible abduction (Art. 342)
(2) Consented abduction (Art. 343)

NOTE:

Forcible Abduction

Purpose

is to
effect his lewd
designs on the
victim.

Corruption of
Minors

Purpose is to lend

the victim to illicit

intercourse with
others.

NOTE:

Forcible Abduction

Serious Illegal
Detention

There is

There is

deprivation of
liberty and lewd
designs.

deprivation of
liberty and no
lewd designs.

NOTE:
Forcible Abduction
with Rape

Kidnapping (with
rape)

The violent

taking of the
woman is
motivated by
lewd designs.

Not so motivated

Consented Abduction
Elements:
(1) Offended party is a virgin;
(2) She is over 12 and under 18 yrs. of age;
(3) Offender takes her away with her
consent, after solicitation or cajolery from the
offender;
(4) The taking away is with lewd designs.

Prosecution of Private Offenses

(1)
(2)
(3)
(4)
(5)

Adultery
Concubinage
Seduction
Abduction
Acts of lasciviousness

Adultery and
Concubinage
Who may file the complaint: Adultery and

Concubinage must be prosecuted upon

complaint signed by the offended spouse.
The

offended party CANNOT institute

criminal prosecution without including BOTH
the guilty parties if they are alive. Both parties
must be included in the complaint even if one
of them is not guilty.

Seduction, abduction, acts of

lasciviousness
Seduction, abduction, or acts of lasciviousness must be
prosecuted upon complaint signed by
(1) Offended party - When the offended party is a minor,

her parents may file the complaint.

(2) When the offended party is of age and is in complete

possession of her mental and physical faculties, she alone

can file the complaint.
(3) Parents, Grandparents or Guardian in that order

When the offended is a minor or incapacitated and refuses to

file the complaint, any of the persons mentioned could file.

NOTE:
The State may also file the complaint as

parens
party:

patriae

1 . dies or
2. becomes

when

the

offended

incapacitated before she

could file the complaint and
3. has no known parents, grandparents,
or guardians

NOTE:
Those guilty of rape, seduction or abduction:
(1) To indemnify the offended woman
(2) To acknowledge the offspring, unless the law should
prevent him from doing so
(3) In every case to support the offspring, EXCEPT:
(a) in cases of adultery and concubinage
(b) where either of the offended party or accused is
married
(c) when paternity cannot be determined, such as in
multiple rape
(d) other instances where the law prevents such

Crimes against the

Civil Status of
Persons

Substitution of One Child for

Another, and Concealment or
Abandonment of a Legitimate
Child
Mode 1. Simulation of births;
Mode 2. Substitution of one child for another;
Mode

3. Concealing or abandoning any

legitimate child with intent to cause such child
to lose its civil status.

Usurpation of Civil
Status
This crime is committed when a person

represents himself to be another and

assumes the filiation or the parental or
conjugal rights of such another person.
CIVIL

STATUS
profession.

seems

to

include

ones

There must be an intent to enjoy the rights

arising from the civil status of another.

Bigamy
Elements:
(1) Offender has been legally married;
(2) The marriage has NOT been legally dissolved
or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according
to the Civil Code;
(3) He contracts a second or subsequent
marriage;
(4) The second or subsequent marriage has all the
essential requisites for validity.

NOTE:
Good faith is a defense in bigamy.
Failure to exercise due diligence to

ascertain the whereabouts of the first

wife is bigamy through reckless
imprudence.

Sample Question:
Raissa and Martin are married to each other but
had been separated for the last five years. Raissa
decided to wed Juan, her suitor. Who had no inkling
that she was married. Raissa and Juan accomplished
an application for marriage license which they
subscribed and swore to before the Local Civil
Registrar. Raissa declared, in the application, that
she is single. The marriage licensed was issued. In
due time, the couple were married by the mayor.
Raissa and Juan had their first sexual intercourse
later in the evening.
What crime or crimes, if any, did Raissa commit?

Answer:
Raissa committed bigamy for contracting a
second marriage while her first marriage is still
subsisting (Art. 349, RPC).
She is also guilty of perjury for making
untruthful statements under oath or executing an
affidavit upon a material matter, when she declared
she was not married in the application for marriage
license a public document (Art. 171, RPC).
Lastly, she is also guilty of adultery (Art. 333,
RPC) for having sexual intercourse with Juan,
although she is a married woman.

Crimes against
Honor

Libel
Elements:
(1) There must be an imputation of
(a) a crime,
(b) a vice or defect, real or imaginary, OR
(c) any act, omission, condition, status, or
circumstance;
(2) The imputation must be made publicly;
(3) It must be malicious;
(4) The imputation must be directed at a natural or
juridical person, or one who is dead;

Defamation is composed
of:
(1) Libel written defamation
(2) Slander- oral defamation
(3) Slander by deed defamation through

acts

NOTE:
It is essential that the victim be identifiable,

although it is not necessary that he be named.

For a statement to be considered malicious, it

must be shown that it was written or

published
1. with the knowledge that they are false
OR
2. in reckless disregard of WON they were
false.

NOTE:
Doctrine of fair comment:

Fair commentaries on matters of public interest

are privileged and constitute a valid defense in an
action for libel or slander
In order that a discreditable imputation to a public

official may be actionable, it must either be:

(1) A false allegation of fact; OR
(2) A comment based on a false supposition.
[People v. Velasco (2000)]

Sample Question:
True or False.

In the crime of libel, truth is

an absolute defense.

Answer:
FALSE.

Art. 361 of the RPC provides that proof of

truth shall be admissible in libel cases only if
the same imputes a crime or is made against
a public officer with repect to fact related to the
discharge of their official duties, and moreover
must have been published with good motives
and for justifiable ends. Hence, truth as a
defense, on its own, is not enough.

Slander
Slander, or oral defamation is composed of
two kinds:
(1) Simple slander
(2) Grave slander

Factors that determine the

gravity of the oral
defamation:
(1) Expressions used
(2) Personal relations of the accused and

the offended party.

(3) The surrounding circumstances.

Illustration of grave
slander:
A woman of violent temper hurled at

a respectable married lady with

young daughters offensive and
scurrilous epithets including words
imputing unchastity to the mother
and tending to injure the character of
the daughters [U.S. vs. Toloso]

Illustration of simple
slander:
(1) Calling a person a gangster
(2) Uttering defamatory words in the heat of

anger with some provocation on the part of the

offended party
(3) The word putang ina mo is a common
expression in the dialect that is often employed
not really to slander but rather to express anger
or displeasure. It is seldom, if ever taken in its
literal sense by the hearer, that is, as a reflection
on the virtue of a mother. [Reyes vs. People]

Slander by Deed
Elements:
(1) Offender performs any act not included in
any other crime against honor;
(2) Such act is performed in the presence of

other person or persons;

(3) Such act casts dishonor, discredit or

contempt upon the offended party.

NOTE:
Slander by deed is of two kinds
(1) Simple slander by deed
(2) Grave slander by deed

NOTE:
There

is no fixed standard
determining whether a slander
serious or not;

hence

in
is

the courts have sufficient

discretion to determine the same,
basing the finding on the attendant
circumstances and matters relevant
thereto.

Incriminating innocent
person
As far as this crime is concerned, this has

been interpreted to be possible only in the socalled planting of evidence.

If this act is resorted to, to enable officers to
arrest
the subject, the crime is unlawful
arrest
through incriminating innocent
persons.
This crime CANNOT be committed through

verbal incriminatory statements.

Intriguing against Honor

(1) Intriguing against honor is referred to as
gossiping:
the
offender,
without
ascertaining the truth of a defamatory
utterance, repeats the same and pass it on
to another, to the damage of the
offended party
(2) This crime is committed by any person
who shall make any intrigue which has for its
principal purpose to blemish the honor or
reputation of another person.

Quasi-Offenses

Imprudence and
Negligence
IMPRUDENCE

NEGLIGENCE

Both indicate a

deficiency of
action
Failure in
precaution

Both indicate a

deficiency of
action
Failure in
advertence