The document summarizes crimes against persons under Philippine law, including parricide, murder, homicide, and related offenses. It defines parricide as killing a parent or certain relatives and is punishable by life imprisonment or death. Murder involves killing with aggravating circumstances like treachery or for price/reward and is punishable by jail time. Homicide is defined as killing without aggravating circumstances and is punishable by jail time. It also covers laws around death in tumultuous affrays, physical injuries, rape, and abortion.
The document summarizes crimes against persons under Philippine law, including parricide, murder, homicide, and related offenses. It defines parricide as killing a parent or certain relatives and is punishable by life imprisonment or death. Murder involves killing with aggravating circumstances like treachery or for price/reward and is punishable by jail time. Homicide is defined as killing without aggravating circumstances and is punishable by jail time. It also covers laws around death in tumultuous affrays, physical injuries, rape, and abortion.
The document summarizes crimes against persons under Philippine law, including parricide, murder, homicide, and related offenses. It defines parricide as killing a parent or certain relatives and is punishable by life imprisonment or death. Murder involves killing with aggravating circumstances like treachery or for price/reward and is punishable by jail time. Homicide is defined as killing without aggravating circumstances and is punishable by jail time. It also covers laws around death in tumultuous affrays, physical injuries, rape, and abortion.
The document summarizes crimes against persons under Philippine law, including parricide, murder, homicide, and related offenses. It defines parricide as killing a parent or certain relatives and is punishable by life imprisonment or death. Murder involves killing with aggravating circumstances like treachery or for price/reward and is punishable by jail time. Homicide is defined as killing without aggravating circumstances and is punishable by jail time. It also covers laws around death in tumultuous affrays, physical injuries, rape, and abortion.
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NOTES: BOADO
SECTION 1: PARRICIDE, MURDER, HOMICIDE
TITLE EIGHT – BOOK II CRIMES AGAINST PERSONS CHAPTER 1: DESTRUCTION OF LIFE ARTICLE 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, CRIMES COVERED: or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of 1. Parricide reclusión perpetua to death. 2. Murder 3. Homicide ELEMENTS: 4. Death caused in a tumultuous affray 5. Physical injuries inflicted in a tumultuous affray 1. A person is killed 6. Giving assistance to suicide 2. The deceased is killed by the accused 7. Discharge of firearms 3. The deceased is the father, mother, or child (legitimate 8. Infanticide or illegitimate), legitimate other ascendants, 9. Intentional abortion descendants or the legitimate spouse of the accused. 10. Unintentional abortion 11. Abortion practiced by the woman herself or by her Based on the relationship of the offender and parents offended party. 12. Abortion practiced by a physician or midwife and dispensing of abortives a. Legitimate (if child either Leg or IL) 13. Duel b. Direct line (ascending or 14. Challenging to a duel descending) 15. Mutilation c. By blood (except for spouse) 16. Serious physical injuries 17. Administering injurious substances or beverages No parricide in collateral and adopter by adopted. 18. Less serious physical injuries 19. Slight physical injuries and maltreatment 20. Rape PARRICIDE INFANTICIDE Based on relationship Based on the age of the child Any person who shall promote or facilitate the prostitution (less than 3 DAYS old) of his wife or daughter, or shall otherwise have consented to Committed only by relatives May be committed by the infidelity of the other spouse shall not be entitled to the enumerated strangers benefits of this article. Conspiracy not applicable Conspiracy is applicable To conceal dishonor of the To conceal mother’s This article provides for a privilege. mother is not a mitigating dishonor is mitigating No criminal liability. circumstance circumstance 2 STAGES MUST BE MET BEFORE THE BENEFIT OF THIS Parricide between spouses: PROVISION MAY BE INVOKED
a. Marriage certificate a. Accused surprised his spouse
b. Oral evidence b. He inflicted injuries or killed the spouse or paramour during the sexual intercourse or immediately thereafter Must be alleged in the INFORMATION.
ARTICLE 247. Death or Physical Injuries Inflicted Under
Exceptional Circumstances. — Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other
kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents. 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
ARTICLE 249. Homicide. — Any person who, not falling within
the provisions of article 246 shall kill another without the ARTICLE 248. Murder. — Any person who, not falling within attendance of any of the circumstances enumerated in the the provisions of article 246 shall kill another, shall be guilty of next preceding article, shall be deemed guilty of homicide and murder and shall be punished by reclusión temporal in its be punished by reclusion temporal. maximum period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with
the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.