MODULE 1

DESTROYING LIFE
ARTICLE 246, 248-251 (PARRICIDE, MURDER, HOMICIDE)
PARRICIDE MURDER HOMICIDE
DEFINITION Parricide—committed by any person who Murder—is committed by any person who shall kill another person without the Homicide—committed by any
shall kill his: qualifying circumstance in infanticide and parricide, and with any of the following person who kills another without
1. Father, legitimate or illegitimate qualifying circumstances: (A248) the qualifying circumstance of
2. Mother, legitimate or illegitimate 1. In consideration of a price, reward or promise; infanticide, parricide or murder
3. Child, legitimate or illegitimate 2. Evident premeditation; (A249)
4. Other ascendants, legitimate 3. Treachery
5. Descendants, legitimate 4. Taking advantage of superior strength;
1. 6. Legitimate spouse (A246) 5. Aid of armed men;
6. Employing means to weaken the defense;
7. Employing means or persons to insure or afford impunity
8. Cruelty: offender deliberately and inhumanly augmented suffering of the victim
9. Outraging or scoffing at his person or corpse;
10. By means of inundation, fire, poison, explosion, shipwreck, s tranding of a
vessel, derailment or assault upon a railroad, fall of an airship;
11. By means of motor vehicles;
12. With the use of any other means involving great waste and ruin; or,
13. On occasion of calamity

Intent to kill as an element of the crime is conclusively presumed if the victim dies.
PENALTY Reclusion perpetua to death Reclusion temporal in its maximum period to death GR: Reclusion Temporal

EXP:
Victim is below 12 years of age -
Reclusion perpetua
KILLING MUST NOT Infanticide Parricide or Infanticide Infanticide, Parricide or Murder
CONSTITUTE
ARTICLE 255-259 (INFANTS & ABORTION)
INFANTICIDE ABORTION UNINTENTIONAL ABORTION
DEFINITION Infanticide—committed by any Abortion—is committed by: Unintentional Abortion—committed by any person
person who shall kill a child less than 1. A person who intentionally causes an abortion with violence against who unintentionally causes an abortion by violence
3 days of age (1 or 2 day) (A255) the pregnant woman, or without her consent or with her consent (A257) fc
Elements of infanticide: (A256)
1. Infant must be killed outside 2. By the pregnant woman, who practices an abortion upon herself or Elements of Unintentional Abortion:
the maternal womb; consents that other person should do so whether the purpose is to 1. That there is a pregnant woman;
2. Infant must be viable; conceal her dishonor or not; (A258) 2. That violence is used upon such pregnant
1. 3. Infant must be less than 3 3. By the parent of the pregnant woman with the consent of said woman without intending an abortion;
days old woman for the purpose of concealing her dishonor (A258) 3. That the violence is intentionally exerted;
4. By a physician or midwife who, taking advantage of their scientific and,
knowledge or skill, causes an abortion or assist in causing the same; 4. That as a result of the violence, the fetus
(A259) dies, either in the womb or after having
5. A pharmacist who, without the proper prescription from physician, been expelled therefrom
dispenses any abortive (A259)
*Taking drugs or poison is not physical violence
Abortion is committed by: required by Article 257.
1. Employing violence upon the pregnant woman
2. Giving her abortive substance If threat produces abortion, the crime committed is
3. By other means with intent cause abortion and as a result thereof, complex crime of threat and abortion.
the fetus dies, either in the womb or after having been expelled
therefrom;
4. By killing a non-viable fetus outside the maternal womb (Fetus is
viable if he can sustain a life independent from the mother.)

Intrauterine life of 6 months or less - Fetus not viable

Intrauterine life of more than 6 montht - Fetus viable
If there is an expert testimony on the viability of the child, such should be
given considerable weight
PENALTY GR: Penalty provided for parricide in Art. 256: Practiced by a physician or midwife - penalties
article 246 and for murder in article 1. Use any violence upon the person of the pregnant woman - provided in article 256 shall be imposed in its
248 Reclusion Temporal maximum period
2. Without using violence, without the consent of the woman - Prision
EXP: Mayor Pharmaciest - arresto mayor and a fine not
1. If the mother of the child 3. Woman consented - prision correccional in its medium and exceeding 1,000 pesos
committed infanticide for the maximum periods
purpose of concealing her
dishonor - prision Unintentional abortion (Art. 257) - Prision Correccional in its minimum and
correccional in its medium medium periods
and maximum periods
1. 2. If the mother or maternal Art. 258:
grandparent committed 1. Woman practice an abortion upon herself or consent that any other
infanticide to conceal person should do so - Prision Correccional in its medium and
dishonor - prision mayor maximum periods
(extenuating circumstance) 2. Committed by a woman to conceal her dishonor - prision
correccional in its minimum and medium periods
1. 3. Committed by the parents of the pregnant woman or either of
them, with the consent of said woman for the purpose of concealing
her dishonor - prision correctional in its medium and maximum
periods
ART. 260-261 (DUEL); ART. 253 (SUICIDE)
DUEL SUICIDE
DEFINITION Duel—committed by combatants in a duel, whether or not one kills or inflicts injuries Giving Assistance to Suicide—committed by any person who assists another to
upon his adversary, the seconds shall in all events punished as accomplices (A260) commit suicide, or by any person who lends his assistance to another to the extent
of doing the killing himself, penalty is lesser if suicide is not consummated (A253)
Challenging to a Duel—committed by any person who challenges another or incites
another to give or accept a challenge to a duel, or scoffs at or decries another
publicly for having refused to accept a challenge to fight a duel (A261)
PENALTY 1. Person who shall kill his adversary in a duel - Reclusion Temporal 1. Assist another to commit suicide - Prision Mayor

2. Inflict upon the latter physical injuries only - penalty provided therefor, 2. Person lends his assistance to another to the extent of doing the killing himself -
according to their nature. Reclusion Temporal

3. Any other case (although no physical injuries have been inflicted) - Arresto 2. 3. Suicide is not consummated - Arresto mayor in its medium and maximum
Mayor periods

4. Challenging to a Duel - Prision Correccional in its minimum period

ART. 254 (DISCHARGE OF FIREARM); SEC. 29, RA NO. 10591 (USE OF FIREARM
IN THE COMMISSION OF A CRIME)
DISCHARGE OF FIREARM USE OF FIREARM IN THE COMMISSION OF A CRIME
DEFINITION Discharge of Firearm—committed by any person who shoots Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been
at another with a firearm, unless the act constitutes frustrated lost, stolen or illegally manufactured firearm, registered firearms in possession of an individual other than
or attempted parricide, murder, homicide or any other graver the licensee.
crime (A254) Punishable Acts:
1. An imitation firearm used in the commission of a crime shall be considered a real firearm.
2. The unlawful acquisition and possession of loose firearms and ammunition is a crime.
• Ownership is not an essential element of illegal possession of firearms and ammunition
• Law merely requires possession, physical or constructive
• Although violation is malum prohibitum, knowledge that the firearm was used by the agency
is unlicensed is indispensable to make the security guard criminally liable
 Illegal manufacture of firearms and ammunition or parts thereof
3. Engaging in arms smuggling
 Arms smuggling is the importation, exportation, acquisition, sale, delivery or movement of
firearms
4. Tampering, obliterating or altering without authority licensed firearm
PENALTY GR: Prision correccional in its minimum and medium periods • Considered as an aggravating circumstance

EXP: Act constitute frustrated or attempted parricide, murder, • Provided, that if the crime committed with the use of a loose firearm is penalized by the law with a
homicide or any other crime for which a higher penalty is maximum penalty which is lower than that prescribed in the preceding section for illegal possession of
prescribed by any of the articles of this Code firearm - penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime
charged

• Provided, further, that if the crime committed with the use of a loose firearm is penalized by the law
with a maximum penalty which is equal to that imposed under the preceding section for illegal
possession of firearms - penalty of prision mayor in its minimum period, in addition to the penalty for
the crime punishable under the Revised Penal Code or other special laws of which he/she is found
guilty
ART. 247 (DEATH UNDER EXCEPTIONAL CIRCUMSTANCE)
DEATH UNDER EXCEPTIONAL CIRCUMSTANCE
DEFINITION Death or physical injuries inflicted under exceptional circumstances.
Par. 1- 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.

Par 2 - 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.
PENALTY Par. 1 - Destierro
Par. 2 - Exempt from punishment

ART. 4, PAR. 2 (IMPOSSIBLE CRIMES)

DEFINITION Elements of Impossible Crime (CAN)
1. Criminal intent
2. Acts performed would have been a crime against persons or property
3. Not accomplished because of inherent impossibility or because the means employed is inadequate
or ineffectual.
CAUSING PHYSICAL INJURY
ART. 262-266 (PHYSICAL INJURIES, HOMICIDE OR MURDER IN ATTEMPTED OR FRUSTRATED STAGE
MUTILATION SERIOUS PHYSICAL INJURIES ADMINISTERING LESS SERIOUS PHYSICAL INJURIES SLIGHT PHYSICAL INJURIES
INJURIOUS SUBSTANCE
OR BEVERAGES
DEFINITION Mutilation—committed Serious Physical Injuries—crime committed Administering Injurious Less Serious Physical Injuries—victim Slight Physical Injuries and
by person who shall if the victim assaulted or wounded Substance or Beverages assaulted or wounded suffered Maltreatment— victim wounded
intentionally mutilate 1. Suffered insanity, imbecility, —committed by a incapacity for labor or illness requiring or assaulted suffered incapacity
another by depriving him, impotency, blindness, loss of person who without medical attendance for 10 days or for labor or illness for 1 to 9 days,
either totally or partially faculty for speech, hearing or intent to kill, inflicts more but not more than 30 days or there is no incapacity or illness
of his reproductive organ smelling, upon another any (A265) (A266)
(A262) 2. Loss of any part of the body or use serious physical injury,
thereof, by knowingly Qualifying Circumstances in Less *if no injury, crime is
Other Intentional 3. Deformity administering to him any Serious Physical Injuries: maltreatment
Mutilation—committed 4. Incapacity for habitual work, injurious substance or 1. Manifest intent to insult or
by a person who permanently or for more than 90 beverages or by taking offend the injured person
intentionally mutilates days, advantage of his 2. Ignominy
another by depriving him, 5. 5. Incapacity or illness for more weakness of mind or 3. Victim is the offender’s
either totally or partially, than 30 days (A263) credulity (A264) parent, ascendant, guardian,
of his non-reproductive curator, teacher, or persons of
organ (A262) rank,
6. 4. Victim is person in authority
(must not be direct assault)
PENALTY Mutilation - Reclusion In consequence of the physical injuries Penalties established by GR: Arresto mayor 1. Arresto menor - inflicted
temporal to reclusion inflicted the injured person shall become: the next preceding physical injuries which shall
perpetua article (Art. 263) shall be EXP: incapacitate the offended
1. Insane, imbecile, impotent, or blind - applicable. 1. Inflicted with the manifest intent party for labor from one to
Other Intentional Prision Mayor to insult or offend the injured nine days, or shall require
Mutilation - Prision person, or under circumstances medical attendance during
mayor in its medium and 2. Lost the use of speech or the power to adding ignominy to the offense - the same period.
maximum periods hear or to smell, or shall have lost an Arresto mayor, a fine not
*Victim is below 12 years eye, a hand, a foot, an arm, or a leg or exceeding 500 pesos shall be 2. Arresto menor or a fine not
of age (qualifying shall have lost the use of any such imposed exceeding 200 pesos and
circumstance, Sec. 10, RA member, or shall have become censure - caused physical
7610) - Reclusion incapacitated for the work in which he 2. Inflicted upon the offender's injuries which do not prevent
perpetua was theretofore habitually engaged - parents, ascendants, guardians, the offended party from
Prision Correccional in its medium and curators, teachers, or persons of engaging in his habitual work
maximum periods rank, or persons in authority - nor require medical
Prision correccional in its attendance.
3. Become deformed, or shall have lost minimum and medium periods,
any other part of his body, or shall provided that, in the case of 3. Arresto menor in its
have lost the use thereof, or shall have persons in authority, the deed minimum period or a fine
been ill or incapacitated for the does not constitute the crime of not exceeding 50 pesos -
performance of the work in which he assault upon such persons illtreat another by deed
was habitually engaged for a period of without causing any injury.
more than ninety days - Prision
Correccional in its minimum and
medium periods

4. Caused the illness or incapacity for

labor of the injured person for more
than thirty days - Arresto mayor in its
maximum period to prision
correccional in its minimum period

If the offense shall have been committed

against any of the persons enumerated in
article 246, or with the attendance of any
of the circumstances mentioned in article
248 (Higher Penalty):

1 - reclusion temporal in its medium and

maximum periods
2 - prision correccional in its maximum
period to prision mayor in its minimum
period
3 - prision correccional in its medium and
maximum periods
4 - prision correccional in its minimum and
medium periods
ANTI-HAZING LAW
DEFINITION PENALTY
Hazing refers: 1. Reclusion perpetua and a fine of P3,000,000 - those who actually planned or participated in the
1. To any act that results in physical or psychological suffering, harm, or hazing if, as a consequence of the hazing, death, rape, sodomy, or mutilation results therefrom.
injury inflicted on a recruit, neophyte, applicant, or member as part of an
initiation rite or practice made as a prerequisite for admission or a 2. Reclusion perpetua and a fine of P2,000,000 - those who actually planned or participated in the
requirement for continuing membership in a fraternity, sorority, or hazing, All officers of the fraternity, sorority, or organization who are actually present during the
organization including, but not limited to, paddling, whipping, beating, hazing, faculty adviser who was present but failed to take action to prevent the hazing or promptly
branding, forced calisthenics, exposure to the weather, forced report the same to law enforcement authorities, former officers or alumni of the fraternity present
consumption of any food, liquor, beverage, drug or other substance, or during the hazing, officers or members thereof who knowingly cooperated in carrying out the hazing
any brutal treatment or forced physical activity which is likely to adversely by inducing the victim to be present thereat and members who were present during the hazing when
affect the physical and psychological health of such recruit, neophyte, they are intoxicated or under the influence of alcohol or illegal drugs.
applicant, or member.
3. Reclusion temporal in its maximum period and a fine of P1,000,000 - all persons who are present in
2. Any activity, intentionally made or otherwise, by one person alone or the conduct of the hazing.
acting with others, that tends to humiliate or embarrass, degrade, abuse,
or endanger, by requiring a recruit, neophyte, applicant, or member to do 4. Reclusion temporal and a fine of P1,000,000 - former officers, members or alumni of the fraternity,
mental, silly, or foolish tasks. sorority or organization will perform any act to hide, conceal, or otherwise hamper or obstruct any
investigation that will be conducted thereafter.

5. Prision correcional in its minimum period - any person who shall intimidate, threaten, force, or
employ, or administer any form of vexation against another person for the purpose of recruitment in
joining or promoting a particular fraternity, sorority, or organization.

3. 6. Fine of One million pesos (P1,000,000.00) - the school if the fraternity, sorority, or organization
filed a written application to conduct an initiation which was subsequently approved by the school
and hazing occurred during the initiation rites or when no representatives from the school were
present during the initiation.
CHILD ABUSE

DEFINITION

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are
not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;

(2) Working under conditions hazardous to life, safety and morals which unduly interfere with their normal
development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian
or any adult supervision needed for their welfare;

(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an
area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of
life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of
services and facilities to protect children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuse; and

(5) Circumstances which threaten or endanger the survival and normal development of children.
ART. 282-285 (THREATS)
GRAVE THREAT LIGHT THREAT OTHER LIGHT THREATS
DEFINITION Grave Threat—committed by any person who shall Light Threat—committed by any Other Light Threats—committed by any person who shall:
threaten another with infliction of a wrong person who shall threaten 1. threaten another with a weapon
amounting to a crime upon his person, honor or another with infliction of a 2. oral threat in the heat of anger
property or that of his family (A282) wrong not constituting a crime 3. oral threat of a harm not constituting a crime
upon person, honor or property
*Threat must be made with deliberate purpose of or that of his family (A283) Threat with a Weapon; elements:
creating in the mind of the person threatened the 1. threat must be made with a weapon or by drawing a weapon in a quarrel
belief that the threat will be carried into effect. If threatened to immediately 2. there is no demand for money or imposition of condition
*Consummated upon knowledge of person inflict injury upon victim or 3. threat is not made n lawful self- defense
threatened immediately arrest or prosecute 4. *if threat imposed condition, crime is coercion
him if he will not heed his
demand, crime is Oral Threat in the Heat of Anger; elements:
robbery/coercion. 1. threat made orally
2. involves infliction of harm constituting a crime
No crime of blackmail in the 3. made in the heat of the moment
Philippines. 4. offender did not persist in the idea involved in his threat
5. no demand for money or condition
6. act does not constitute grave threat

Oral Threat with Harm not Constituting a Crime; elements:

1. threat made orally
2. harm threatened to be inflicted does not constitute a crime
1. 3. no demand for money or imposition of condition
PENALTY Penalty next lower in degree than that prescribed Arresto mayor Arresto menor in its minimum period or a fine not exceeding 200 pesos
by law for the crime he threatened to commit:
1. demanding money/imposing condition,
lawful or unlawful
2. purpose has been attained
3. committed in writing or through a
middleman - penalty shall be imposed in its
maximum period

Arresto mayor and a fine not exceeding 500 pesos -

threat shall not have been made subject to a
condition
ART. 286-289 (COERCION)
GRAVE COERCION LIGHT COERCION OTHER SIMILAR COERCIONS FORMATION, MAINTENANCE AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
DEFINITION Grave Coercion—committed by any Light Coercion—committed by any Other similar coercions— (Compulsory Formation, maintenance and prohibition
person person who seizes anything purchase of merchandise and payment of of combination of capital or labor
1. who prevents another from doing belonging to his debtor by means of wages by means of tokens).—comitted by: through violence or threats.—committed
something not prohibited by law violence for purpose of applying the by any person who, for the purpose of
2. compels him to do something against same to payment of debt (A287) 1. any person, agent or officer of any organizing, maintaining or preventing
his will, whether right or wrong by association or corporation who shall force coalitions of capital or labor, strike of
means of violence, threats or or compel, directly or indirectly, or shall laborers or lockout of employers, shall
intimidation and without authority of knowingly permit any laborer or employee employ violence or threats in such a
law (A286) employed by him or by such firm or degree as to compel or force the laborers
corporation to be forced or compelled, to or employers in the free and legal
Qualified Grave Coercion when: purchase merchandise or commodities of exercise of their industry or work, if the
1. committed in violation of exercise of any kind. act shall not constitute a more serious
right of suffrage offense in accordance with the provisions
2. for purpose of compelling another to 2. any person who shall pay the wages due a of this Code.
perform any religious act laborer or employee employed by him, by
3. prevent him from exercising such means of tokens or objects other than the
right or from doing such act legal tender currency of the Philippine
Islands, unless expressly nance and
prohibition requested by the laborer or
employee
PENALTY GR: arresto mayor and a fine not GR: Arresto mayor in its minimum Arresto mayor or a fine ranging from 200 to Arresto mayor and a fine not exceeding
exceeding 500 pesos period and a fine equivalent to the 500 pesos, or both 300 pesos
value of the thing, but in no case
EXP: less than 75 pesos
Penalty next higher in degree -
committed for the purpose of compelling Any other coercions or unjust
another to perform any religious act or to vexations shall be punished by
prevent him from so doing arresto menor or a fine ranging
from 5 to 200 pesos, or both.
RA 9262 (VIOLENCE AGAINST WOMEN AND CHILDREN)
WHO CAN BE OFFENDERS? VICTIM OF VAWC:
Not everybody can commit the crimes punished in the VAWC Law. Only 1. a woman with whom the offender has marital, sexual or dating relationship; or,
1. a husband; 2. child of this woman
2. a former husbands
3. a common law husband or a former common law husband;
4. father with respect to his child, whether legitimate or not;
5. a man who has or had dating relationship with the woman;
6. man who has or had sexual relationship with the woman (Section 3 (a)) and
7. anyone who conspired with any of the them (Go Tan vs. Sps. Perfecto and Juanita Tan,
September 30, 2008).

VAWC may likewise be committed ‘against a woman with whom the person has or had a
sexual or dating relationship.’ Clearly, the use of the gender-neutral word ‘person’ who has or
had a sexual or dating relationship with the woman encompasses even lesbian relationships.