Someone is killed the course of affray - The person killed in the course of affray need not be

one of the participants in the affray.

Note: At least 4 persons must take part.
Persons killed need not be participants therein. If person who inflicted fatal wound is
known, crime is Homicide.

Giving Assistance to Suicide - Any person who shall assist another to commit suicide shall
suffer the penalty of prison mayor. If such person lends his assistance to another to the extent of
doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods
shall be imposed. (Art 253 RPC)

Acts punishable as giving assistance to suicide

1. By assisting another to commit suicide, whether the suicide is consummated or not.
2. By lending his assistance to another to commit suicide to the extent of doing the killing
himself.

Assistance to suicide is different from mercy - killing

Euthanasia - commonly known as mercy- killing - is the practice of painlessly putting to death
a person suffering from one incurable decease. Euthanasia is not lending assistance to suicide.
In euthanasia, the person killed does not want to die. A doctor who resorts to mercy-killing of
his patient may be liable for murder. (Art 248 RPC).

Infanticide - The penalty providing for parricide in Art 248 shall be imposed upon any person
who shall kill any child less than 3 days of age. (Art 255 RPC).

If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, shall suffer the penalty of prison mayor in its maximum
periods, and if the said crime for the same purpose by the maternal grandparents or either of
them, the penalty shall be reclusion temporal (As Amended RA No. 7659)

Infanticide (Define) as the killing of any child less than three days old of age, whether the
killer is the parent of grandparent, any other relative of the child, or stranger.

Elements of Infanticide
1. That the child was killed
2. This is the killing of any child less than 3 days (72 hours) of age, whether the killer is the
parent or grandparent, or any other relative of the child, or a stranger
3. That the accused killed the said child

Abortion - willful killing of a fetus in the uterus or violent expulsion of the fetus from the
maternal womb which results to the death of the fetus. It is also the termination of pregnancy by
the removal or expulsion from the uterus of a fetus or embryo before viability.
Intentional Abortion - any person who shall intentionally cause an abortion shall suffer: Art
256 RPC
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant
woman.
2. The penalty of prison mayor, if without using violence, he shall act without the consent
of the woman.
3. The penalty of prison correctional in its medium periods if the woman shall have
consented.

Intentional Abortion - This is the willful killing of the fetus in the uterus, or the violent
expulsion of the fetus from the maternal womb, which results in the death of the fetus.

Ways of Committing Intentional Abortion

i. By using violence upon the person of the pregnant woman.
ii. By acting, but without using violence, without the consent of the woman (by
administering drugs/ beverages upon a pregnant without her consent)
iii. By acting, with the consent of the pregnant women. (By administering drugs/beverages)
with consent of the pregnant woman.

Elements of Intentional Abortion

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, fetus dies, either in the womb or after having been expelled therefrom;
4. That the abortion is intended.

Example of abortion by administering abortive

A, believing that the child in the womb of a woman was a sort of fish-demon, gave her a
"pocion" made of herbs. Two hours after, she gave birth to a child three months in advance of
the full period of gestation. (U.S. vs. Boston, 12 Phil. 134)

Person liable for intentional abortion

The person who intentionally caused the abortion is liable under Art. 256. The woman is liable
under Art. 258, if she consented to the abortion caused on her. If she did not consent to the
abortion caused her, she is not liable.

Unintentional Abortion - the penalty shall be prison correctional in its minimum and medium
periods shall be imposed upon any person who shall cause an abortion by violence, but
unintentionally. (Art 257 RPC)
Elements Unintentional Abortion
1. That there is a pregnant woman;
2. That the 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, in the womb after having expelled
therefrom.

Unintentional Abortion is committed only by violence

It should be noted that the law employs the word "violence" that is actual physical force. Thus,
were a man points a gun to pregnant woman, at the same time telling her that he will kill her,
and because of the fight she absorbs, she suffers abortion, the offender is guilty of threats only.
(Dec. Supreme Court of Spain of Nov. 30, 1887)

The Violence must be intentionally Exerted

The accused who struck a woman three months pregnant on her hip with a bottle, causing
hemorrhage and miscarriage was held guilty of intentional abortion. (U.S. vs. Jeffrey, 15 Phil.
391) Note that
the violence consisting in striking the pregnant woman with a bottle on the hip was intentionally
exerted by accused.

Physical Injury - Harm done to a child's psychological or intellectual functioning which may
be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a
combination of said behaviors which may be demonstrated by a change in behavior, emotional
response, or cognition;

What are the crime of Physical Injuries

They are;
1. Mutilation (Art 262)
2. Serious Physical Injuries (Art 263)
3. Administering injurious substance or beverages (Art 264)
4. Less serious physical injuries (Art 265)
5. Slight physical injuries and maltreatment (Art. 266)

Mutilation – the penalty of reclusion temporal or reclusion perpetua, shall be imposed upon
any person
who shall intentionally mutilate another by depriving him, either totally or partially, of some
essential organ for reproductive. (Art. 262)

Mutilation (defined) the term "mutilation" means the lopping or the clipping off of some part of
the body.
The putting out of an eye does not fall under this definition. Thus, when robber stabbed a
woman in one eye, and as a result of the wound thus inflicted, she lost the use of the eye, there
is no mutilation. (U.S. vs. Bogel, 7 Phil. 285)

Two kinds of Mutilation

1. By intentionally mutilating another by depriving him, totally or partially, of some
essential organ
for reproduction.
2. By intentionally making other mutilation, that is by lopping or clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to deprive him
of that part of his body.

Elements of mutilation of first kind

1. That there be a castration, that is, mutilation of organs necessary for the generation, such
as the
penis or ovarium.
2. That the mutilation is that is, deliberately, caused purposely and deliberately, that is, to
deprive the offended party of some essential organ for reproduction. (Guevarra)

Rape - When and how committed; Rape is committed (Art 266-A)

1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse or authority
d. When the offended party is under (12) years of age or is demented, even though
none of the circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in the paragraph 1 hereof,
shall commit an act of sexual assault by inserting penis into another person's mouth or
anal orifice, or any instrument or object, into the genital organ or anal orifice of another
person. (R.A. No. 8353, October 22,1997)

Elements of Rape under Paragraph 1

1. That the offender is a man;
2. That the offender had carnal knowledge of a woman;
3. That such act is accomplished under any of the following circumstances
a. Through force, threat, or intimidation; or
b. When the woman is deprived of reason or is otherwise unconscious; or
c. By means of fraudulent machination grave abuse of authority; or
d. When the offended party is under (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
Elements of Rape under Paragraph 2
1. That the offender commits an act of sexual assault;
2. That 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. That the act of sexual assault is accomplished under any of the following circumstances:
a. By using for or intimidation; or
b. When the offended party is deprived of reason or is otherwise unconscious; or
c. By means of fraudulent machination or grave abuse or authority; or
d. When the offended party is under (12) years of age or is demented, even though
none of the circumstances mentioned above be present.

Who can commit rape

Under Republic Act No. 8353, the crime of rape can now be committed by a male or a female.
Before its amendment, rape could only be committed by a male person.

Penalties (Art 266-B) Rape under paragraph 1of the Art 266-A shall be punished by reclusion
perpetua.
a. Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
b. When by reason or on the occasion of the rape the victim has become insane, the penalty
shall be reclusion perpetua to death.
c. When rape is attempted, and a homicide is committed by reason or on the occasion
thereof the penalty shall be reclusion perpetua to death'
d. When by reason or on the occasion of the rape, homicide is committed the penalty shall
be death.
The death penalty shall be imposed if the crime of rape is committed with any of the
following aggravating/ qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is parent,
ascendant, step- parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common law spouse of the parent of the victim.
2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.
3. When the rape is committed in the full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity.
4. When a victim is religious engaged in legitimate religious vacation or calling and is
personally known to be such by the offender before or at the time of the commission
of the crime.
5. When the victim is a child below seven (7) years old.
6. When the offender knows bellows that he is afflicted with Human Immuno –
Deficiency Virus (HIV)/ Acquired Immune Deficiency Syndrome (AIDS) or any
 other sexually transmissible decease and the virus or decease is transmissible to the
victim.
7. When committed by any member of the Armed Forces of the Philippines or Para-
Military units thereof or the Philippine National Police or any Law Enforcement
Agency of penal institution, when the offender took advantage of his position to
facilitate the commission of crime.
8. When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability.
9. When the offender knew of the pregnancy of the offended party at the time of the
commission of crime.
10. When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.

Rape under paragraph 2 of Art 266-A shall be punished by prison mayor.

a. Whenever rape is committed with the use of deadly weapon or by two or more
persons, the penalty shall be prison mayor to reclusion temporal.
b. When rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua.
c. When by reason or on occasion of the rape, homicide is committed, the penalty
shall reclusion perpetua.
d. Reclusion temporal shall also be imposed if the rape is committed by any of the ten
aggravating circumstances mentioned in this article (RA No.8353)

Effect of Pardon (Art 266-C) The subsequent valid marriage between the offender and the
offended party shall extinguish criminal action or the penalty imposed.

In case the legal husband who is the offender, the subsequent forgiveness by the wife as the
offended party shall extinguish criminal action or the penalty; provided, that crime shall not be
extinguish or the penalty shall not be abated if the marriage be void abinitio (RA No.8353)

Presumptions (Art 266-D) Any physical overt act manifesting resistance against the act of rape
in any degree from the offended party, or where the offended party is so situated as to render
her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of
the acts punished under article Art 266-A (RA No. 8353)