Title 8 - 9
Title 8 - 9
Title 8 - 9
Elements
1. That the person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse of the accused
Relationship of the offender with the victim is the essential element of this crime.
Parents and children are not included in the term “ascendants” or “descendants”.
Father, mother, or child – whether legitimate or illegitimate.
Ascendant, descendant, or spouse – must be legitimate.
Illegitimate – embraces all children born out of wedlock.
The child should not be less than 3 days old – infanticide.
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 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 seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.
Elements
1. That a legally married person or a parent surprise his spouse or daughter, the latter under 18 years of
age and living with him, in the act of committing sexual intercourse with another person.
2. That he or she kills any or both, of them or inflicts upon any of them any serious physical injury in the
act or immediately thereafter.
3. That he has not promoted or facilitate the prostitution of his wife or daughter, or that he or she has not
consented to the infidelity of the other spouse.
Elements
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in article 248.
4. That the killing is not parricide or infanticide.
Qualifying circumstances
1. 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 price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault
upon a railroad, 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 calamities, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or any other public calamities.
5. With evident premeditation.
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 attendance
of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide,
and be punished by reclusion temporal.
Elements
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.
Elements
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking each
other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
4. That someone was killed during the affray.
5. That it cannot be ascertained who killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified.
ARTICLE 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY.
When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are
inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those
who appear to have used violence upon the person of the offended party shall suffer the penalty next
lower in degree than that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot
be identified, all those who appear to have used any violence upon the person of the offended party shall
be punished by arresto mayor from five to fifteen days.
Elements
1. That there is tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or less serious physical
injuries.
3. That the person responsible thereof cannot be identified.
4. That all those who appear to have used violence upon the person of the offended party are known.
Elements
1. That the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
Elements
1. That a child was killed.
2. That the deceased child was less than three days of age (72hours)
3. That the accused killed the said child.
Elements
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon
such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused,
the foetus dies, either in the womb or after having been expelled therefrom.
4. That the abortion is intended.
Elements
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the fetus dies, either in the womb or after having been expelled
therefrom.
Elements
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
a. The pregnant woman herself.
b. Any other person with her consent.
c. Any of her parents, with her consent for the purpose of concealing her dishonor.
Elements
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assist in causing the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
ELEMENTS AS TO PHARMACISTS:
1. That the offender is a pharmacist.
2. That there is no proper prescription from a physician.
3. That the offender dispenses any abortive.
Elements
1. That there be a castration that is, mutilation of organs necessary for generation, such as the penis
or ovarium.
2. That the mutilation is caused purposely and deliberately that is, to deprive the offended party of
some essential organ for reproduction.
Paragraph 1
Impotence – inability to copulate it includes sterility. *Blindness – must be two eyes, blindness must be
complete or total blindness. *Loss of an eye – one eye is sufficient.
Paragraph 2
It must be loss of power to hear of both ears – if only one, it is covered under 3rd paragraph. Loss of use
of hand or incapacity for usual work must be permanent. *All those mentioned in paragraph 2 are
principal members of the body.
Paragraph 3
covers any member which is not principal member of the body. *It is serious physical injury when the
offended party becomes deformed. – Physical ugliness, permanent and definite abnormality. It must be
conspicuous and visible.
Elements
1. That the offender inflicted upon another any serious physical injury.
2. That it was done by knowingly administering to him any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity.
3. That he had no intent to kill.
TITLE 9
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
CHAPTER ONE: CRIMES AGAINST LIBERTY
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 above-mentioned were
present in the commission of the offense.
Elements
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any manner deprives him of his liberty.
3. That the act of kidnapping or detention is illegal.
4. That the crime is committed without the attendance of any of the circumstances enumerated in article
267.
ELEMENTS
1. That the offender is entrusted with the custody of a minor person.
2. That he deliberately fails to restore the said minor to his parents or guardians.
Elements
1. That a minor is living in the home of his parents or guardian, or the person entrusted with his custody.
2. That the offender induces said minor to abandon such home.
Elements
The penalty of arresto mayor in its maximum period to prison correctional 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. That the offender compels a debtor to work for him, either as household servant or farm laborer.
2. That it is against the will of the debtor.
3. That the purpose is to require or
enforce the payment of a debt.
Art. 277. Abandonment of minor by person entrusted with his custody, Indifference of parents.
– The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed upon anyone who, having charge off 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 requires and financial condition permits. (As amended by R.A.
10951)
Acts punished:
1. By delivering a minor to 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.
2. By neglecting his children by not giving them the education which their station in life requires and
financial condition permits.
Art. 278. Exploitation of minors. – The penalty of prison correctional in its minimum and medium periods
and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon:
1. Any person who shall cause any boy or girl under sixteen (16) years of age to perform any dangerous
feat of balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, ropewalker, diver, wild-animal tamer or circus manager or
engaged in a similar calling, shall employ in exhibitions of these kinds’ children under sixteen (16) years
of age who are not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall
employ any descendant of his under twelve years (12) 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 (16) 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 (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 paragraph 2 hereof, or to accompany any habitual vagrant or beggar. (As amended by R.A. 10951)
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.
2. By employing children under 16 years of age who are not the children or descendants of the offender in
exhibitions of acrobats, gymnast, ropewalker, diver, or wild animal tamer…
3. By employing any descendants under 12 years of age in dangerous exhibitions.
4. By delivering a child under 16 years of age gratuitously to any person following any calling
enumerated in paragraph 2, or to any habitual vagrant or beggar…
5. By inducing any child under 16 years of age to abandon the home of its
ascendants, guardians… to follow any person engaged in any of the callings mentioned in paragraph 2 or
to accompany any habitual vagrant or
beggar.)
Elements:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the
latter’s will
Elements:
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.
Art. 282. Grave threats. – Any person who shall threaten another with the infliction upon the person,
honor, or property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if
the offender shall have made the threat demanding money or imposing any other condition, even though
not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his
purpose, the penalty lower by two (2) degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum
period.
2. The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000), if the
threat shall not have been made subject to a condition. (As amended by R.A. 10951)
Article 283. Light threats. – Any threat to commit a wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.
Elements:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though not unlawful.
4. That the offender has attained his purpose or that he has not attained his purpose.
Article 284. Bond for good behavior. – In all cases falling within the two next preceding articles, the
person making the threats may also be required to give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to destierro.
Art. 285. Other light threats. – The penalty of arresto menor in its minimum period or a fine not
exceeding Forty thousand pesos (₱40,000) shall be imposed upon:
1. Any person who, without being included in the provisions of the next preceding article, shall threaten
another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a
crime, and who by subsequent acts shows that he did not persist in the idea involved in his threat:
Provided, That the circumstances of the offense shall not bring it within the provisions of Article 282 of
this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony. (As amended by
R.A. 10951)
Art. 286. Grave coercions. – The penalty of prison correctional and a fine not exceeding One hundred
thousand pesos (₱100,000) shall be imposed upon any person who, without any authority of law, shall, by
means of violence, threats, or intimidation, prevent another from doing something not prohibited by law,
or compel him to do something against his will, whether it be right or wrong.
If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of
compelling another to perform any religious act, or to prevent him from exercising such right or from so
doing such act, the penalty next higher in degree shall be imposed. (As amended by R.A. 10951)
Art. 287. Light coercions. – Any person who, by means of violence, shall seize anything belonging to his
debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto
mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than
Fifteen thousand pesos (₱15,000).
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from One
thousand pesos (₱1,000) to not more than Forty thousand pesos (₱40,000), or both. (As amended by R.A.
10951)
*Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation.
4. That the purpose of the offender is to apply the same to the payment of the debt.
Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by
means of tokens. – The penalty of arresto mayor or a fine ranging from Forty thousand pesos (₱40,000) to
One hundred thousand pesos (₱100,000), or both, shall be imposed upon any person, agent or officer of
any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit
any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to
purchase merchandise or commodities of any kind.
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee
employed by him, by means of tokens or objects other than the legal tender currency of the Philippines,
unless expressly requested by the laborer or employee. (As amended by R.A. 10951)
Art. 289. Formation, maintenance and prohibition of combination of capital or labor through
violence or threats. – The penalty of arresto mayor and a fine not exceeding Sixty thousand pesos
(₱60,000) shall be imposed upon any person who, for the purpose of organizing, maintaining or
preventing coalitions of capital or labor, strike of laborers or lock-out of employers, shall employ violence
or threats in such a degree as to compel or force the laborers or employees in the free and legal exercise of
their industry or work, if the act shall not constitute a more serious offense in accordance with the
provisions of this Code. (As amended by R.A. 10951)
*Elements:
1. That the offender employs violence or threats, in such a degree as to compel or force the laborer or
employers in the free and legal exercise of their industry or work.
2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or
lockout of employers.
Elements:
1. That the offender is a private individual or even a public officer not in the exercise of his official
function.
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That the offender is informed of the contents of the papers or letters seized. papers or letters of the
children or minors placed under their care or custody, nor to spouses with respect to the papers or letters
of either of them. (As amended by R.A. 10951)
Art. 291. Revealing secrets with abuse of office. – The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any manager, employee or
servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such
secrets. (As amended by R.A. 10951)
*Elements:
1. That the offender is a manager, employee, or servant.
2. That he learns the secret of his principal or master in such capacity.
3. That he reveals such secrets.
Art. 292. Revelation of industrial secrets. – The penalty of prison correctional in its minimum and
medium periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon
the person in charge, employee, or workman of any manufacturing or industrial establishment who, to the
prejudice of the owner thereof, shall reveal the secrets of the industry of the latter. (As amended by R.A.
10951)
*Elements:
1. That the offender is a person in charge, employee, or workman of a manufacturing or industrial
establishment.
2. That the manufacturing or industrial establishment has a secret of the industry which the offender has
learned.
3. That the offender reveals such secrets.
4. That prejudice is caused to the owner.