Notes in Criminal Law II by Jose D. Dula IIFiscal Nelson Salva

Article/Crime

Act Punishable/Elements/Definitions

Penalty

Notes

Article 246 - Parricide

Elements:

1. That a 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

RP to Death

Relationship of the offender with the victim is the essential element of this crime.

The other ascendant or descendant must be legitimate

He who kills an illegitimate grandfather or an illegitimate grandson is not guilty of parricide, but of simple homicide or murder as the case may be.

The father, mother or child may be legitimate or illegitimate

The child should not be less than three years old

The spouse must be legitimatewhen a Moro has three wives and he killed his third wife, he cannot be held liable for parricide

Marriages among Muslims or among members of the ethnic cultural communities performed in accordance with their customs or rites or practices are valid

Relationship must be allegedwife of victim cannot be convicted of parricide if charged only with murder

A stranger, who cooperates and takes part in the commission of the crime of parricide, is not guilty of parricide but homicide or murder, as the case may be.

Article 247 Death or physical injuries inflicted under exceptional circumstances

Requisites for application of Article 247:

1. That a legally married person or a parent surprises his spouse or his 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 or both of them any serious physical injury in the act or immediately thereafter

3. That he has not promoted or facilitated the prostitution of his wife or daughter or that he or she has not consented tot the infidelity of the other spouse.

The accused must be a legally married person

The wife is entitled to the benefits of Article 247

The word surprise means to come upon suddenly and unexpectedly

Surprising the spouse or young daughter in the act of sexual intercourse, indispensable requisite.

Article 247 is not applicable when the accused did not see his spouse in the act of sexual intercourse with another person.

But it is enough that the circumstances show reasonably that the carnal act is being committed or has just been committed

The killing or inflicting of physical injuries must be in the act of sexual intercourse or immediately thereafter.

The discovery, the escape, the pursuit and the killing must all form part of one continuous act.

The killing must be the direct by-product of the accuseds rage

The law, when the circumstances provided by this article are present, considers the spouse or parent as acting in a justified burst of passion.

The accused cannot be held liable for injuries sustained by third persons as a result thereof. (People v. Abarca)

Not applicable to person who consented to the infidelity of spouse or who facilitated the prostitution of his wife or daughter.

Article 248 - Murder

Murder is the unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is present:

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, stranding of a vessel, derailment or assault upon a street car or locomotive, 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 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.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.Elements:

1. That a person was killed

2. That the accused kill him

3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248

4. The killing is not parricide or homicide

The word outraging means to commit an extremely vicious or deeply insulting act.

The word scoffing means to jeer, and implies a showing of irreverence.

RP to death

In murder, the victim must be killed to consummate the crime. If the victim is not killed, it is either attempted or frustrated murder.

The offender must have intent to kill to be liable for murder committed by means of fire, or other means enumerated in par. 3 of Article 248.

Killing a person by means of fire is murder only when there is actual design to kill on the part of the offender (US v. Burns)

But killing a person with treachery is murder even if there is no intent to kill.

Rules for the application of the circumstances which qualify the killing to murder:

a. That murder will exist with only one of the circumstances described in Article 248. When more than one of said circumstances are present, the others must be considered as generic aggravating.

b. That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating.

c. That any of the qualifying circumstances enumerated in Article 248 must be alleged in the information.

The killing of the victims is qualified with treachery, when the shooting was sudden and unexpected, and the victims were not in a position to defend themselves. (People v. Aguilar)

Treachery is present when the shooting of the victim with a carbine is sudden and unexpected to the point of incapacitating the victim to repel or escape it. And where the hands of the victim were raised as ordered by the accused who fired at him without any risk to the accused is treachery is present.

An attack made by a man with a weapon upon a girl which resulted in her death is murder because the offender had taken advantage of superior strength. His sex and weapon gave him superiority of strength.

If the accused had companions who were armed when he committed the crime, this circumstance is considered present.

A person who suddenly throws a cloak over the head of his opponent and while in this situation he kills him or one who suddenly cast sand or dirt upon the eyes of the victim and then kills him, evidently employs means which weaken the defense.

It seems that one who covered his face with handkerchief before killing his victim is liable for murder, because he employed means to insure or afford impunity.

When the Code declares that homicide committed by means of fire shall be deemed murder, it is intended that there should be an actual design to kill and that the use of fire should be purposely adopted as a means to that end.

Treachery and premeditation are inherent in murder by poison

Killing a person on the occasion of inundation, shipwreck, eruption of a volcano, epidemic etc., or any other public calamity, when taken advantage of by the offender, qualifies the crime to murder.

The circumstance of evident premeditation is present and it qualifies the killing of a person to murder, when the prosecution proves 1) the time when the offender determined (conceived) to kill his victim; 2) an act of the offender manifestly indicating that he clung to his determination to kill his victim; and 3) a sufficient lapse of time (at least three hours) between the determination and the execution of the killing.

There is cruelty when other injuries or wound are inflicted deliberately by the offender, which are not necessary for the killing of the victim. The victim must be alive when the other injuries or wounds are inflicted.

The mere decapitation of the victims head constitutes outraging at the corpse of the victim(People v.Whisenhunt).

Article 249 Homicide

Homicide - is the unlawful killing of any person, which is neither parricide, murder, nor infanticide.Elements:

1. That a person was killed

2. That the accused killed him without any justifying circumstance;

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

Accidental homicide -- is the death of the person brought about by a lawful act performed with proper care and skill, and without homicidal intent.

Corpus delicti means the actual commission of the crime charged. Means that the crime was actually perpetrated, and does not refer to the body of the murder person.

RT

RP if victim is under 12 years of age

Intent to kill is conclusively presumed when death resulted.

Evidence of intent to kill is important only in an attempted or frustrated homicide. If there is no intent to kill on the part of the offender, he is liable for physical injuries.

Usually intent to kill is shown by the kind of weapon used by the offender and the parts of the victims body at which the weapon was aimed, as shown by the wounds inflicted.

Intent to kill must be proved beyond reasonable doubt. The inference of intent to kill should not be drawn in the absence of circumstances sufficient to prove such intent beyond reasonable doubt.

The killing must not be justified

That the death of the deceased was due to his refusal to be operated on, not a defense.

In the absence of clear proof of any circumstance that would qualify as murder the killing of the deceased, the guilty person should be sentence only for homicide

The offender should not be the father, mother or child, or legitimate other ascendant or legitimate other descendant or spouse of the deceased for otherwise the crime would be parricide.

When the act of mortally wounding and the fact of suicide by the victim concur

Use of unlicensed firearm is an aggravating circumstance.

Article 250 Penalty for frustrated parricide, murder or homicide

Courts may impose a penalty two degrees lower for frustrated parricide, murder or homicide.

Courts may impose a penalty three degrees lower for attempted parricide, murder or homicide.

An attempt on, or a conspiracy against, the life of the Chief Executive, etc. is punishable by death

Article 251 Death caused in a tumultuous affray

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 is killed in the course of the affray

5. That it cannot be ascertained who actually killed the deceased

6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

PM-if the person who inflicted serious physical injuries could be identified.

PC med to max-if it cannot be determined who inflicted serious physical injuries o the deceased upon all those who shall have used violence upon the person of the victim

Tumultuous affray exist when at least four persons took part.

Where there are two identified groups of men who assaulted each other, then there is no tumultuous affray. In this case, the accused were convicted of homicide.

When there was confusion in the fight and the person who inflicted the wounds could not be identified, the crime is death caused in a tumultuous affray.

The person killed in the course of affray need not be one of the participants in the affray

If the one who inflicted the fatal wound is known, the crime is not homicide in tumultuous affray but homicide under Article 249 against the one who inflicted the wound.

The serious physical injuries, if inflicted by one of the participants, should not be the cause of death of the accused.

Article 252 Physical injuries inflicted in a tumultuous affray

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 physical injuries of a less serious nature only

3. That the person responsible therefore cannot be identified

4. That all those who appear to have used violence upon the person of the offended party are known.

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 a person is killed in the affray, and the one who inflicted serious physical injuries is known, Article 252 is not applicable.

The injured party in the crime of physical injuries inflicted in a tumultuous affray must be one or some of the participants in the affray.

Penalty is one degree lower than that for the physical injury inflicted.

Only those who used violence are punished, because if the one who caused the physical injuries is known, he will be liable for the physical injuries actually committed.

The legislature intended to exclude slight physical injuries.

Article 253 Giving assistance to suicide

Acts punishable:

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

Euthanasia is not lending assistance to suicide. A doctor who resorts to killing his patient may be liable for murder.

PM any person who shall assist another to commit suicide

RT if such person lends his assistance to another to the extent of doing the killing himself

AM med to max if the suicide is not consummated

If the suicide is not consummated has reference to the first way of giving assistance to suicide, that is, furnishing the person to commit suicide the means with which to kill himself.

If the offender who lends his assistance performs acts to do the killing himself, and the suicide is not consummated, the penalty of one or two degrees lower than that provided for consummated suicide should be impose depending whether it is frustrated or it is attempted suicide.

Article 254 Discharge of Firearms

Elements:

1. That the offender discharges a firearm against or at another person.

2. That the offender has no intention to kill that person

PC min to max

The act constituting the offense is shooting another with any firearm, without intent to kill him. If the firearm is not discharged at a person, there is no crime of discharge of firearm.

Discharge towards the house of victim is not illegal discharge of firearm.

Firing a un against the house of the offended party at random, not knowing in what part of the house the people inside were is only Alarm under Article 155 para. 1.

There must be no intention to kill. The purpose of the offender is only to intimidate or frighten the offended party.

The crime is discharge of firearm, even if the gun was not pointed at the offended party when it fired, as long as it was initially aimed by the accused at or against the offended party.

Article 255 Infanticide

Elements:

1. That a child was killed

2. That the deceased child was less than three days (72 hours) of age

3. That the accused kill the said child.

Infanticide may be defined as the killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger.

RP to Death

If committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer PM med to max

If committed for the same purpose by the maternal grandparents or either of them, the penalty shall be RT.

Father or mother or legitimate other ascendant who kills a child less than three days old, to suffer penalty for parricide

Other person who kills a child less than three days old, to suffer the penalty for murder

Concealing of dishonor is not an element of infanticide

Only the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor

Delinquent mother who claims concealing dishonor must be of good reputation. Thus, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal

Stranger cooperating with the mother in killing a child less than three days old is guilty of infanticide also but the penalty is that for murder

No crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life when it was killeda foetus about six months old cannot subsist by itself, outside the maternal womb.

Article 256 Intentional abortion

Abortion the willful killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb which results in the death of the foetus.

Ways of committing intentional abortion

1. By using any violence upon the person of the pregnant woman.

2. By acting, but without using violence, without consent of the woman.

3. By acting, with the consent of the pregnant woman

Elements:

1. That there is a pregnant woman

2. That the abortion is intended

3. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman

4. 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

RT First way

PM Second way

PC med to max thirdway

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

If the foetus could sustain an independent life, after its separation from the maternal womb, and it is killed the crime is infanticide.

Article 257 Unintentional abortion

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 of the foetus dies, either in the womb or after having been expelled therefrom

Pc min to med

Unintentional abortion is committed only by violence

The violence must be intentionally exerted

The accused is liable for abortion even if he did not know that the woman was pregnant.

No intention to cause, no violence Article 256 or 257 does not apply no abortion of any kind.

Article 258 Abortion practiced by the woman herself or by her parents

Elements:

1. That there is a pregnant woman who has suffered abortion

2. That abortion was intended

3. That the 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

PC med to max par. 1

PC min to med par. 2

PC med to max par. 3

The woman is liable if she shall consent that any other person should do so.

Only the woman or any of her parents is liable under Article 258, if the purpose of the latter is to conceal dishonor.

Liability of pregnant woman is mitigated if purpose is to conceal dishonor

The reason for the mitigated responsibility is that when a woman becomes pregnant out of an illicit relationship, excited and obfuscated by the fear of dishonor being made public, she either practices abortion to upon herself or consents that any other person does so, to erase the traces of her mistake

There is no mitigation for parents of pregnant woman even if the purpose is to conceal dishonor.

Article 259 Abortion practiced by a physician or midwife and dispensing of abortive

Elements:

1. That there is a pregnant woman who has suffered abortion

2. The abortion was intended

3. That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion

4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.

As to the pharmacist the elements are:

1. That the offender is a pharmacist

2. That there is no proper prescription from a physician

3. That the offender dispenses any abortive

The penalty provided for in Article 256 in the maximum.

Arresto Mayor any pharmacist who shall dispense any abortive

Penalty for intentional abortion is imposed in its maximum period on physician or midwife

Republic Act No. 4729, regulates sale, dispensation, and/or distribution of contraceptive drugs and devices

Article 260 Responsibility of participants in a Duel

Duel is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight.

Acts punished:

1. By killing ones adversary in a duel

2. By inflicting upon such adversary physical injuries

3. By making a combat although no physical injuries have been inflicted

RT First Kind

Penalty provided for second kind (physical injuries)

Arresto Mayor Third Kind

Who are liable for duel:

1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals.

2. The seconds, as accomplices

The penalty is reclusion temporal even if physical injuries were inflicted.

Article 261 Challenging to a Duel

Acts punished:

1. By challenging another to a duel

2. By inciting another to give or accept a challenge to a duel

3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

PC minimum

Nurse ill-feelings and moved by hatred, the accused challenged the offended party to a duel, inciting the latter to accept said challenge. Later, when the accused saw the offended party running toward a nearby house, the former ran after the latter, but desisted upon seeing that the offended party had a companion. This is not challenging to a duel but only light threats under Article 285 par. 2.

Article 262 Mutilation

The term mutilation means the lopping or clipping off of some part of the body.

Elements of mutilation of the first kind:

1. That there be a castration, that is, mutilation of organs necessary for generation, such as 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

RT to RP First kind

PM med to max Second kind

Mutilation of the first kind is castration which must be made purposely

Castration consists of the amputation of whatever organ is necessary for generation.

Two kinds of mutilation

1. By intentionally mutilating another by depriving him, either 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.

Article 263 Serious Physical Injuries

It is committed

1. By wounding

2. By beating

3. By assaulting

4. By administering injurious substance (Art. 264)

What are serious physical injuries?

1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.

2. When the injured person a) loses the use of speech or the power to hear or smell or loses an eye, a hand, a foot, an arm, or a leg, or b) loses the use of any such member or c) becomes incapacitated for the work in which he is habitually engaged, in consequence of the physical injuries inflicted.

3. When the person injured a) becomes deformed or b) loses any other member of his body or c) loses the use there of or d) becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days, in consequence of the physical injuries inflicted.

4. When the injured person becomes ill or incapacitated for labor for more than 30 days but not more than 90 days, as a result of the physical injuries inflicted

Qualified serious physical injuries if the offense is committed against any of the persons enumerated in the article defining the crime of parricide or with the attendance of any of the circumstances mention in the article defining the crime of murder, the law provides for higher penalties

Paragraph 1 PM

Paragraph 2 PC med to max Paragraph 3 PC min to med Paragraph 4 AM max to PC min.

Qualified serious physical injuries

Paragraph 1 RT medium to max.

Paragraph 2 one period higher than that of subdivision number 2. Paragraph 3 one period higher than that of subdivision number 3. Paragraph 4 one period higher than that of subdivision number one.

There must not be intent to kill. If there was intent to kill when the offender inflicted any of the serious physical injuries described in this article, the crime would be frustrated or attempted murder, parricide, or homicide as the case may be.

Explanation for Paragraph 1:

Impotent means inability to copulate. Properly used of the male; but it also has been used synonymously with sterility.

The blindness must be of two eyes and must be complete. Mere weakness of vision is not contemplated.

Explanation for Paragraph 2:

It must be loss of power to hear of both ears. If there is loss of power to hear of one ear only, it is under paragraph 3.

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.

Explanation for Paragraph 3:

Paragraph 3 covers any member which is not principal member of the body.

It is a serious physical injury when the offended party becomes deformed.

By deformity it is meant physical ugliness, permanent and definite abnormality and must be conspicuous and visible.

Loss of one tooth which impaired appearance is deformity.

Loss of both outer ears constitutes deformity and also loss of the power to hear. If there is loss of power to hear of both ears as a result both outer ears, the crime should be punished under par. 2 of Article 263

There is illness for a certain period of time, when the wound inflicted did not heal within that period.

Explanation for Paragraph 4:

Paragraph 4 speaks of incapacity for any kind of labor.

Hospitalization for more than 30 days may mean either illness or incapacity for labor for more than 30 days.

When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period; otherwise the offense is only slight physical injuries

Lessening of efficiency due to injury is not incapacity

Serious physical injuries by excessive chastisement by parents are not qualified.

Article 264 Administering injurious substance or beverages

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

Same as that of Article 263

It is frustrated murder when there is intent to kill.

If the accused did not know of the injurious nature of the substances he administered, he is not liable under this article.

Administering injurious substance means introducing into the body the substance.

Article 264 does not apply when the physical injuries that result are less serious or slight. They will be treated under Article 265 or Article 266, as the case may be.

By taking advantage of his weakness of mind or credulity may takes place in the case of witchcraft, philters, magnetism, etc.

Article 265 Less serious physical injuries

Matters to be noted in the crime of less serious physical injuries

1. That the offended party is incapacitated for labor for ten days or more but not more than 30 days, or needs medical attendance for the same period of time.

2. That the physical injuries must not be those described in the preceding articles.

Qualified less serious physical injuries

1. First kind

a. When there is intent to insult or offend the injured person or

b. There are circumstances adding ignominy to the offense.

2. Second kind if victim is either

a. the offenders parents, ascendants, guardians, curators or teachers; or

b. Persons of rank or person in authority, provided the crime is not direct assault

Less serious physical injuries Arresto Mayor

Qualified less serious physical injuries under first kind an additional P500

PC min to med if under Second kind

Medical attendance or incapacity is require in less serious physical injuries

The crime is less serious physical injuries even if there was no incapacity, but the medical treatment was for 13 days

It is only slight physical injury when there is no medical attendance or incapacity for labor.

Shall require refers to the actual medical attendance. There must be proof as to the period required medical attendance.

Article 266 Slight Physical Injuries

Three kinds of slight physical injuries

1. Physical injuries which incapacitate the offended party from one to nine days, or required medical attendance for the same period.

2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance.

3. Ill-treatment of another by deed without causing and injury

First Kind - Arresto menor

Second Kind Arresto menor or a fine not exceeding 200 pesos and censure

Arresto menor in its minimum period or a fine not exceeding 50 pesos

Some hours after nine days, not amounting to ten days

Example of para. 2: Contusion on the face or black eye

When there is no evidence of actual injury, it is only slight physical injuries

Example of para. 3: any physical violence which does not produce injury, such as slapping the face of the offended party, without causing dishonor.

Article 266-A Rape

Classification of Rape

1. Rape through sexual intercourse without the consent of the woman (Traditional Rape) Par. 1

2. Rape through sexual assault. Par. 2

Elements of Traditional Rape

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. By using force or intimidation; or

b. When the woman is deprived of reason or otherwise unconscious;

c. By means of fraudulent machination or grave abuse of authority; or

d. When the woman is under 12 years of age or is demented.

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 in another persons mouth or anal orifice; or

b. By inserting any instrument or object into the genital or anal orifice of another person;

3. That he act of sexual assault is accomplished under any of the following circumstances:

a. By using force or intimidation

b. When the woman is deprived of reason or otherwise unconscious;

c. By means of fraudulent machination or grave abuse of authority;

d. When the woman is under 12 years of age or demented

Consummated Rape it is not essential that there be a complete penetration of the female organ; neither is it essential that there be a rupture of the hymen. It is enough that the labia of the female organ was penetrated. The slightest penetration of the labia consummates the crime of rape (People v. Oscar)

There is no crime of frustrated rape

Attempted rape was committed by the accused after raising the dress of the woman then asleep and placing himself on top of her, and when the woman was awakened the accused threatened her with a knife, but because of her continued shouting and offering of resistance, a neighbor came to her rescue.

Statutory Rape: When the girl is under 12 years of age

Rape committed under any of the four (4) circumstances

Par. 1 RP

Par. 2 PM

Rape committed with the use of deadly weapon or by two or more persons

Par. 1 RP to death

Par. 2 PM to RT

Rape where victim becomes insane

Par. 1 RP to death

Par. 2 RT

Attempted rape and homicide is committed

Par. 1 RP to death

Par. 2 RT to RP

Rape with homicide

Par.1 Death

Par. 2 RP

Rape with aggravating/qualifying circumstance

Par.1 - Death

Par. 2 RT

The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

The contact of the male penis with the womans vagina is referred to as rape by sexual intercourse

Penetration, even partial is necessary. The slightest penetration is enough. Proof of emission is not necessary.

The touching of labia majora or the labia minora of the pudendum constitutes consummated rape.

Jurisprudence dictates that labia majora must be entered for rape to be consummated, and not merely for the penis to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape. Absent any showing of the slightest penetration of the female organ, i.e., touching of either labia of the pudendum by the penis there can be no consummated rape; at most, it can only be attempted rape if not acts of lasciviousness (People v. Campuhan)

If there is no sexual intercourse and only acts of lewdness are performed, the crime may be rape through sexual assault under par. 2 or acts of lasciviousness under Article 336.

A broken hymen is not an essential element of rape

Exact date of sexual assault not an essential element of rape.

Paragraph 2.

A violation of the body orifices by the fingers is within the expanded definition of rape under RA 8353.

By using force and intimidation A verbal refusal alone will not do. There must be physical struggle, taxing her powers to the utmost.

Force employed against the victim of rape need not be of such character as could be resisted

The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. Where resistance would be futile, offering none at all does not amount to consent to the sexual assault.

Intimidation must be viewed in the light of the victims perception and judgment at the time of rape and not by any hard and fast rule.

Moral ascendancy or influence, held to substitute for the element of physical force or intimidation.

Rape may be proved by the uncorroborated testimony of the offended woman.

In the rape of a woman deprived of reason or otherwise unconscious, the victim has no will.

Statutory Rape

Where the offended party is less than twelve years of age, rape is committed although she consented to the sexual act.

Sexual intercourse with a nine-year-old girl is rape

Rape is committed even if the girl under 12 years is a prostitute

Burden of Proof in Statutory Rape

The prosecution carries the burden of proving:

1. The age of the complainant

2. The identity of the accused

3. The sexual intercourse between the accused and the complainant

The fact that the offended party may have been of an unchaste character constitutes no defense in a charge of rape, provided that the illicit relations were committed with force and violence (People v. Blanco)

Rape with homicide and Robbery with Rape are special complex crimes.

Rape with homicide Illustrations

1. Committed by the accused who, while raping a 6-year old girl, strangled her to death in order to silence her

2. The rapist who was suffering from gonorrhea, infected the victim who died as a result

When the homicide is committed NOT by reason or on the occasion of the rape the accused murdered two sisters. As the elder sister was dying, the accused had carnal intercourse with her. This is not special complex crime of rape with homicide since the victim was already at the threshold of death when she was ravished. That bestiality may be regarded either as a form of ignominy causing disgrace or as a form of cruelty which aggravated the murder of the elder sister.