finals

• Parricide


  Committed when: 1) A person is Killed; 2) The deceased is killed by the Accused; and 3) 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
• Essential element of parricide


  The relationship of the offender and the offended, which must be: 1) Legitimate except in the case of parent and child; 2) In the direct line; and 3) By blood, except in the case of a legitimate spouse
• Proof to constitute parricide of a spouse


  The best proof is the marriage certificate. In the absence of such certificate, oral evidence of the fact of marriage may be considered by the trial court if such proof is not objected to
• Liability of a third person who cooperates in the commission of parricide


  A stranger who cooperates and takes part in the commission of the crime of parricide is not guilty of parricide but only of homicide or murder, as the case may be. The key element in parricide is the relationship of the offender with the victim
• The act committed is a crime but for reason of public policy and sentiment there is no or a minimal penalty is imposed
• Requisites for an accused to be entitled to the benefit granted by Article 247


  1. A legally married person surprises his spouse in the act of committing sexual intercourse with another person; 2) He kills any or both of them in the act or immediately thereafter; and 3) He has not promoted or facilitated the prostitution of his wife nor consented to the infidelity of the other spouse
• Time elements involved in Article 247


  1. The time of surprising the paramours which must be in the act itself of sexual intercourse; and 2) The time of the killing or inflicting of physical injuries which must also be in the act or immediately thereafter
• Nature of phrase "immediately thereafter" under Article 247


  The death caused must be the proximate result of the outrage overwhelming the accused after chancing upon his spouse in the basest act of infidelity
• Extent of the privilege granted under Art. 247 of the RPC


  The privilege extends to the parents who surprised and killed/injured their daughter (son not included), who is less than 18 years old and living with them, and their daughter's paramour
• Elements of Murder (KAQpi)

  1. That the 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; and 4) That the killing is not Parricide or Infanticide
• Qualifying circumstances in order to commit murder (TRIO-EC)


  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, standing of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicle, 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 other public calamity; 5) With Evident premeditation; and 6) With Cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse
• Determines whether the offense committed is frustrated or attempted murder


  The nature of the wound determines whether the crime is attempted or frustrated murders. The offenders are liable for attempted murder instead of frustrated murder as charged in the information because the injuries sustained were merely superficial and not capable of causing his death even without timely medical intervention.
• Elements of homicide (Kaln)


  1. That a person was Killed; 2) That the Accused killed him without any justifying circumstance; 3) That the accused had Intention to kill which is presumed; and 4) That the killing was Not attended by any of the qualifying circumstances of murder, or by that parricide or infanticide
• When is the element of intent to kill essential

  Evidence to show intent to kill is important only in attempted or frustrated homicide. This is because, if death resulted, intent to kill is conclusively presumed.
• How can intent to kill be proved


  Evidence to prove intent to kill may include: 1) The means used by the malefactors; 2) The nature, location, and number of wounds sustained by the victim; 3) The conduct of the malefactors before, at the time of, or immediately after the killing of the victim; 4) The circumstances under which the crime was committed; 5) The motive of the accused; and 6) Words uttered at the time of inflicting the injuries on the victim may also be considered
• Circumstances that raise the penalty of homicide

  When the victim is below 12 years old of age, the penalty of homicide is reclusion perpetua, instead of reclusion temporal
• Corpus delicti


  Corpus delicti means the fact of the crime; that a crime has actually been perpetrated, and does not refer to the body of the murdered person nor the object robbed or stolen from the owner
• Elements of death caused in a tumultuous affray


  1. That there be several or at least four 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 in the course of the affray; 5) That it cannot be ascertained who actually killed the deceased; and 6) That the person or persons who inflicted serious physical injuries or who used violence can be identified
• Tumultuous affray


  Tumultuous affray is a melee or free-for-all, where several persons not comprising definite or identifiable groups attack one another in a confused and disorganized manner resulting in the death or injury of one or some of them. Tumultuous affray exist when at least four persons are involved in the crime committed.
• Liable for death in tumultuous affray


  1. The person or persons who inflicted the serious physical injuries are liable; and 2) If it is not known who inflicted the serious physical injuries on the deceased, all the persons who used violence upon the person of the victim is liable
• Elements of physical injuries inflicted in a tumultuous affray


  1. That there is a tumultuous affray; 2) That a participant or some participants thereof suffer serious physical injuries of a less serious nature only; 3) That a person responsible therefore cannot be identified; and 4) That all those who appear to have used violence upon the person of the offended party are known
• Acts punished under Article 253


  1. A person assists another to commit suicide; 2) If he/she lends his/her assistance to the extent of doing the killing him/herself; and 3) If the suicide in either case is not consummated
• A person who attempts to commit suicide is not criminally liable, because the society has always considered a person who attempts to kill himself as an unfortunate being, a wretched person more deserving of pity than of penalty
• Elements of infanticide (K3A)


  1. That a child was Killed; 2) That the deceased child was three (3) days old or less than 72 hours of age; and 3) That the Accused killed said child
• Requisites to make killing of an infant constitutive of the crime of infanticide


  1. The victim did not die inside the maternal womb; 2) The born-alive infant must be viable, which means that he can sustain a life independent from the mother; and 3) The born-alive viable infant must be less than three (3) days old
• Effect if the crime of infanticide is committed for concealing of dishonor


  Concealment of dishonor is not an exculpatory circumstance in the crime of infanticide. It merely lowers the penalty to: 1) Prision Mayor- if committed by the mother; and 2) Reclusion temporal- if committed by the maternal grandparents
• Required of a delinquent mother who claims mitigation of liability under Article 255


  A delinquent mother must be of good reputation and good morals in order that concealing dishonor may mitigate her liability
• 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 accused, the fetus dies, either in the womb or after having been expelled therefrom; and 4) That the abortion is intended
• Ways of committing Intentional abortion


  1. With violence upon the person of the pregnant woman; 2) Without violence but without the consent of the woman; and 3) With consent of the woman
• Effect if the fetus did not die

  If the fetus survives in spite of the attempt to kill it or the use of violence, abortion is not consummated. If abortion is intended and the fetus does not die, it is frustrated intentional abortion when all the acts of execution have been performed by the offender
• Intentional abortion


  May be committed in any of the three ways:

  1. With violence upon the person of the pregnant woman;

  2. Without violence but without the consent of the woman; and

  3. With consent of the woman
• If the fetus survives in spite of the attempt to kill it or the use of violence

  Abortion is not consummated
• If abortion is intended and the fetus does not die


  It is frustrated intentional abortion when all the acts of execution have been performed by the offender
• Abortion


  The victim is not viable but remains to be a fetus
• Infanticide


  The victim is already a person less than 3 days old or 72 hours and is viable or capable of living separately from the mother's womb
• Mitigating circumstance for abortion


  Only the pregnant woman is entitled to mitigation if the purpose is to conceal dishonor
• Mitigating circumstance for infanticide


  Both the mother and maternal grandparents of the child are entitled to mitigating circumstance of concealing the dishonor
• Elements of unintentional abortion


  • 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; and

  4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom
• Instances where intent to abort is not present

  • When the intention of the accused is merely to maltreat a pregnant woman

  2. When the accused was not aware that the woman is pregnant

  3. When it is established that the accused intended to kill the woman but there is no sufficient proof to show intent to cause the abortion, in which case he must be convicted of the complex crime of parricide with unintentional abortion
• Elements of abortion practiced by the woman herself or by her parents under Article 258

  • That there is a pregnant woman who has suffered abortion;

  2. That abortion is intended; and

  3. That abortion is caused by:

  a. The pregnant woman herself;

  b. Any other person, with her consent; or

  c. Any of her parents, with her consent for the purpose of concealing her dishonor