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Parricide
Under the Revised Penal Code, the crime of parricide is committed when
any person kills his father, mother, child, whether legitimate or
illegitimate, ascendants or ascendants, or spouse.
The elements of parricide are: (1) a person was killed (2) a person was
killed by the accused (3) the victim is his father, mother, or child, whether
legitimate or illegitimate, legitimate ascendant or descendant, legitimate
spouse.
Murder:
Under the Revised Penal Code, the crime of murder is committed when
any person who not falling within the provisions provided of parricide or
infanticide shall kill another if committed with any of the following
circumstances: (1) treachery, taking advantage of superior strength, or
employing means to weaken the defence or person to afford and insure
impunity (2) in consideration of price, promise, or reward (3) by means of
inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a streetcar or locomotive, fall of airship, by
means of motor vehilces or with the use of any means involving great
waste or ruin (4) in the occasion of any calamities enumberated in the
preciding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity, (4) evident
premeditation (5) or with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or outraging or scoffing at his
person and corpse
Attendant circumstances:
-
-
-
Treachery, taking advantage of superior strength, with the aid or
armed men, or by using means to weaken the defense or of persons
or means to insure and afford impunity
In consideration of a price promise or reward
By means of inundation, fire, poision, explosion, shipwereck,
stranding of the vessel, derailment or assault on a locomotive,
falling of an airship, by means of motor vehicles, or with the use of
any other means involving great waste or ruin
With evident premediaton
With cruelty, by deliberately or inhumanly augmenting the suffering
of the victim or outraging or scofig at his person or corpse
The essence of treachery is the sudden and unexpected attack on an
unsuspecting victim without the slightest provocation on his party.
There is evident premeditation when a sufficient period of time elapse to
afford full meditation and reflection for the perpetrator to deliberate on
the consequences of his intended deed.
RA 7610 provides that the crime of homicide committed a person below
12 years of age shall be punished by reclusion perpertua.
Homicide
Under the Revised Penal Code, the crime of Homicide is committed when
any person, not falling under the provision of parricide/infanticide, kills
another without the attendant circumstances provided for in committing
murder.
The elements of Homicide are: (1) a person was killed (2) that the killing
was done in the absence of any justifying circumstances (3) that the
accused has the intention to kill which is presumed (4) that the killing was
not attended by circumstances of murder, parricide, or infanticide.
The elements of the crime of theft are the following: (1) there was a taking
of personal property (2) the property belongs to another; (3) the taking
was without the consent of the owner; (4) that there is animus lucrandi (5)
that the taking was done without violence or intimidation or force upon
things
In People vs. Jose, the Court held that Article 70 of the RPC takes the only
the service of sentence imposed in to account but not the imposition of
penalty. That where there are several crimes commtted, charged, and
proved, the court shall impose penalty for each of the crime they found a
guilty verdict even though one of which is already the death penalty.
In People vs. Jose, the Court held that subsequent acts of rape committed
after the consummation of forcible abduction of rape should be detached
from and considered independently and therefore the former can no
longer be complexed with the latter
There is qualified theft when any of the following circumstances occur:
1. If committed by a domestic servant
2. If committed with grave abuse of confidence
3. If property stolen is a motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of a plantation or fish
taken from a fishery
4. If property is taken on the occasion (FETVEOCVACD) fire,
earthquake, typhoon, volcanic eruption, or other calamity, vehicular
accident or civil disturbance
Rape
Rape by carnal knowledge of a woman (p1 266-A)
-
Carnal Knowledge of a woman under any of the following
circumstances
o Through force, threat or intimidation
o When the offended party is derpived of reason or rendered
unconscious
o By means of fraudulent machination or abuse of authority
o When the offended party is under 12 years of age or is
demented, even though none of the circumstances is present
Rape by sexual assault
-
By any person under any of the circumstances provided in p1 of
Article 266-A, shall commit sexual assault by inserting
o His penis into another person’s mouth or anal orifice or
o Any instrument or object, into the genital or anal orifice of
another person
Rape by carnal knowledge – penalties
Reclusion perpetua
Reclusion perpetua to Death
death
1. Victim
became
1. Homicide
is
insane by reason
committed
2. Victim is under
or occasion of
18
and
the
rape
2. The
rape
is
offender is either
attempted
and
her:
3.
Under
the
homicide
is
custody of the
committed
by
police or military
reason or on the
authorities
or
occasion of rape
penal institution
4. Committed in full
view
of
the
spouse, parent or
any
children
within
the
3rd
degree
of
consanguinity
5. Victim
is
engaged
in
religious vocation
or calling and is
personally known
to be such by
offender at the
time
of
the
commission
of
the crime
6. Child is below 7
7. Offender
is
afflicted with HIV
or aids or any
other stds
8. The offender is
member of the
AFP,
paramilitary, or the
PNP, when the
offender
took
advantage of his
position
9. Victim
suffered
permanent
mitilation
or
disablility
10.
Offender
knew
of
the
pregnancy of the
offended party at
the
time
of
commission
of
the crime
11.
Offender
knew
of
the
mental disability,
emotional
disorder
or
physical
handicap of the
accused
Bouncing Check
Article 315 2(d) – By postdating a check or issuing a check in payment of
an obligation when the offender has no funds in the bank or his funds
deposited therein were not sufficient to cover the amount of the check.
The failure of the drawer of he check to deposit the amount necessary to
cover his check within 3 days from receipt of notice from the bank and or
the payee or holder that said check has been dishonoured for lack or
insufficiency of funds shall be prima facie evidence of deceit constituting
false pretence and fraudulent act
Elements to commit BP 22
(1) the making, drawing and issuance of any check to apply for account or for value;
(2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not
have sufficient funds in or credit with the drawee bank for the payment of such check in
full upon its presentment; and
(3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or
credit or dishonor for the same reason had not the drawer, without any valid cause,
ordered the bank to stop payment. 10
ART. 332. Persons exempt from criminal liability. – No criminal, but only civil liability shall
result from the commission of the crime of theft, swindling, or malicious mischief committed
or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.
315.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or by
means of other similar deceits
3(a) Through fraudulent means by inducing another, by means of deceit, to sign any
document
The absolutory cause under Article 332 of the Revised Penal Code only applies to
the felonies of theft, swindling and malicious mischief.
Qualified trespass to dwelling is committed when any private person shall enter the
dwelling of another against the latter’s will. It shall be punished in its maximum
penalty if it is committed by means of violence and intimidation.
Title XI
Private Crimes – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
Cannot be prosecuted except upon the complaint initiated by the offended
party
Adultery
The elements of adultery are: wman is married
That she has sexual intercourse with a man not her husband
That as regards with the man whom she has sexual intercourse, he must
know her to be married
Adultery is mitigated if wife was abandoned without justification by
offended spouse
Concubinage
The elements of concubinage are: (1) The man is married (2) that he
committed any of the following acts (a) keeping a mistress in the conjugal
dwelling (b) having sexual intercourse with a woman not his wife under
scandalous circumstances (c) cohabiting with her in any other place (3)
the woman must know the husband to be married
Scandal – reprehensible word/deed that offends public conscience,
redounds to the detriment of feelings of persons and gives occasion to the
neighbor’s spiritual damage and ruin imprudent and wanton as to offend
modesty and the ense of morality and decency
Carried out in the manner of husband and wife for such time
Acts of lasciviousness
Definition
Parricide
Under the Revised Penal Code, the crime of parricide is committed when
any person kills his father, mother, child, whether legitimate or
illegitimate, ascendants or ascendants, or spouse.
The elements of parricide are: (1) a person was killed (2) a person was
killed by the accused (3) the victim is his father, mother, or child, whether
legitimate or illegitimate, legitimate ascendant or descendant, legitimate
spouse.
Murder:
Under the Revised Penal Code, the crime of murder is committed when
any person who not falling within the provisions provided of parricide or
infanticide shall kill another if committed with any of the following
circumstances: (1) treachery, taking advantage of superior strength, or
employing means to weaken the defence or person to afford and insure
impunity (2) in consideration of price, promise, or reward (3) by means of
inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a streetcar or locomotive, fall of airship, by
means of motor vehilces or with the use of any means involving great
waste or ruin (4) in the occasion of any calamities enumberated in the
preciding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity, (4) evident
premeditation (5) or with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or outraging or scoffing at his
person and corpse
Attendant circumstances:
-
-
-
Treachery, taking advantage of superior strength, with the aid or
armed men, or by using means to weaken the defense or of persons
or means to insure and afford impunity
In consideration of a price promise or reward
By means of inundation, fire, poision, explosion, shipwereck,
stranding of the vessel, derailment or assault on a locomotive,
falling of an airship, by means of motor vehicles, or with the use of
any other means involving great waste or ruin
With evident premediaton
With cruelty, by deliberately or inhumanly augmenting the suffering
of the victim or outraging or scofig at his person or corpse
The essence of treachery is the sudden and unexpected attack on an
unsuspecting victim without the slightest provocation on his party.
There is evident premeditation when a sufficient period of time elapse to
afford full meditation and reflection for the perpetrator to deliberate on
the consequences of his intended deed.
RA 7610 provides that the crime of homicide committed a person below
12 years of age shall be punished by reclusion perpertua.
Homicide
Under the Revised Penal Code, the crime of Homicide is committed when
any person, not falling under the provision of parricide/infanticide, kills
another without the attendant circumstances provided for in committing
murder.
The elements of Homicide are: (1) a person was killed (2) that the killing
was done in the absence of any justifying circumstances (3) that the
accused has the intention to kill which is presumed (4) that the killing was
not attended by circumstances of murder, parricide, or infanticide.
The elements of the crime of theft are the following: (1) there was a taking
of personal property (2) the property belongs to another; (3) the taking
was without the consent of the owner; (4) that there is animus lucrandi (5)
that the taking was done without violence or intimidation or force upon
things
In People vs. Jose, the Court held that Article 70 of the RPC takes the only
the service of sentence imposed in to account but not the imposition of
penalty. That where there are several crimes commtted, charged, and
proved, the court shall impose penalty for each of the crime they found a
guilty verdict even though one of which is already the death penalty.
In People vs. Jose, the Court held that subsequent acts of rape committed
after the consummation of forcible abduction of rape should be detached
from and considered independently and therefore the former can no
longer be complexed with the latter
There is qualified theft when any of the following circumstances occur:
1. If committed by a domestic servant
2. If committed with grave abuse of confidence
3. If property stolen is a motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of a plantation or fish
taken from a fishery
4. If property is taken on the occasion (FETVEOCVACD) fire,
earthquake, typhoon, volcanic eruption, or other calamity, vehicular
accident or civil disturbance
Rape
Rape by carnal knowledge of a woman (p1 266-A)
-
Carnal Knowledge of a woman under any of the following
circumstances
o Through force, threat or intimidation
o When the offended party is derpived of reason or rendered
unconscious
o By means of fraudulent machination or abuse of authority
o When the offended party is under 12 years of age or is
demented, even though none of the circumstances is present
Rape by sexual assault
-
By any person under any of the circumstances provided in p1 of
Article 266-A, shall commit sexual assault by inserting
o His penis into another person’s mouth or anal orifice or
o Any instrument or object, into the genital or anal orifice of
another person
Rape by carnal knowledge – penalties
Reclusion perpetua
Reclusion perpetua to Death
death
1. Victim
became
1. Homicide
is
insane by reason
committed
2. Victim is under
or occasion of
18
and
the
rape
2. The
rape
is
offender is either
attempted
and
her:
3.
Under
the
homicide
is
custody of the
committed
by
police or military
reason or on the
authorities
or
occasion of rape
penal institution
4. Committed in full
view
of
the
spouse, parent or
any
children
within
the
3rd
degree
of
consanguinity
5. Victim
is
engaged
in
religious vocation
or calling and is
personally known
to be such by
offender at the
time
of
the
commission
of
the crime
6. Child is below 7
7. Offender
is
afflicted with HIV
or aids or any
other stds
8. The offender is
member of the
AFP,
paramilitary, or the
PNP, when the
offender
took
advantage of his
position
9. Victim
suffered
permanent
mitilation
or
disablility
10.
Offender
knew
of
the
pregnancy of the
offended party at
the
time
of
commission
of
the crime
11.
Offender
knew
of
the
mental disability,
emotional
disorder
or
physical
handicap of the
accused
Bouncing Check
Article 315 2(d) – By postdating a check or issuing a check in payment of
an obligation when the offender has no funds in the bank or his funds
deposited therein were not sufficient to cover the amount of the check.
The failure of the drawer of he check to deposit the amount necessary to
cover his check within 3 days from receipt of notice from the bank and or
the payee or holder that said check has been dishonoured for lack or
insufficiency of funds shall be prima facie evidence of deceit constituting
false pretence and fraudulent act
Elements to commit BP 22
(1) the making, drawing and issuance of any check to apply for account or for value;
(2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not
have sufficient funds in or credit with the drawee bank for the payment of such check in
full upon its presentment; and
(3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or
credit or dishonor for the same reason had not the drawer, without any valid cause,
ordered the bank to stop payment. 10
ART. 332. Persons exempt from criminal liability. – No criminal, but only civil liability shall
result from the commission of the crime of theft, swindling, or malicious mischief committed
or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.
315.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or by
means of other similar deceits
3(a) Through fraudulent means by inducing another, by means of deceit, to sign any
document
The absolutory cause under Article 332 of the Revised Penal Code only applies to
the felonies of theft, swindling and malicious mischief.
Qualified trespass to dwelling is committed when any private person shall enter the
dwelling of another against the latter’s will. It shall be punished in its maximum
penalty if it is committed by means of violence and intimidation.
Title XI
Private Crimes – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
Cannot be prosecuted except upon the complaint initiated by the offended
party
Adultery
The elements of adultery are: wman is married
That she has sexual intercourse with a man not her husband
That as regards with the man whom she has sexual intercourse, he must
know her to be married
Adultery is mitigated if wife was abandoned without justification by
offended spouse
Concubinage
The elements of concubinage are: (1) The man is married (2) that he
committed any of the following acts (a) keeping a mistress in the conjugal
dwelling (b) having sexual intercourse with a woman not his wife under
scandalous circumstances (c) cohabiting with her in any other place (3)
the woman must know the husband to be married
Scandal – reprehensible word/deed that offends public conscience,
redounds to the detriment of feelings of persons and gives occasion to the
neighbor’s spiritual damage and ruin imprudent and wanton as to offend
modesty and the ense of morality and decency
Carried out in the manner of husband and wife for such time
Acts of lasciviousness
Definition
