Chapter Six

In document 20120613180616378_The Revised Penal Code_Book II (Page 26-36)

Other Offenses or Irregularities By Public Officers

SECTION 1. Disobedience, Refusal of Assistance, and

Maltreatment of Prisoners ... ... 264  ART. 231. Open disobedience. ... ... 264 Elements ... ... 264  ART. 232. Disobedience to order of superior officer, when

said order was suspended by inferior officer. ... 265 Elements ... ... 265  ART. 233. Refusal of assistance. ... ... 265 Elements ... ... 266  ART. 234. Refusal to discharge elective office. ... 266

Elements ... ... 267  ART. 235. Maltreatment of prisoners. ... ... 267

Elements ... ... 267 Who may commit the crime? ... . 268 Punishments that are not authorized ... 268 Punishments that are authorized ... 268 Illustrations of Maltreatment of Prisoners ... 269 What is a Two-tiered penalty? ... ... 270 Examples of two-tiered penalty ... .. 270 1. Maltreatment of Prisoners ... . 270 2. Direct Bribery ... ... 270 3. Occupation of real property or usurpation of real

rights in property ... ... 271 SECTION 2. Anticipation, Prolongation, and abandonment

of the Duties and Powers of Public Office ... 271  ART. 236. Anticipation of duties of a public office ... 271 Elements ... ... 271 Who may commit crime? ... ... 272 How is it committed? ... ... 272  ART. 237. Prolonging performance of duties and powers ... 272

Elements ... ... 272  ART. 238. Abandonment of office or position ... 273

Elements ... ... 273 How is the Crime Committed? ... . 273 SECTION 3. Usurpation of Powers and Unlawful Appointments ... 274  ART. 239. Usurpation of legislative powers ... 274

Elements ... ... 274

 ART. 240. Usurpation of executive functions ... 274

Elements ... ... 274

 ART. 241. Usurpation of judicial functions ... 275

Elements ... ... 275

 ART. 242. Disobeying request for disqualification ... 275

Elements ... ... 275

 ART. 243. Orders or requests by executive officers to any judicial authority ... ... 275

Elements ... ... 276

 ART. 244. Unlawful appointments ... ... 276

Elements ... ... 276

SECTION 4. Abuses Against Chastity ... ... 277

 ART. 245. Abuses against chastity – Penalties ... 277

Acts Punishable ... ... 278

Who are the Persons Liable? ... .... 278

Elements of Abuse against chastity committed by a public officer ... ... 278

The Woman is Interested in a Matter Pending before the Public Officer for Decision ... 279

The Woman is Interested in a Matter with Respect to which he is required to submit a report ... 279

Elements of abuse against chastity committed by a warden,  jail guard or any public officer who has custody of prisoners ... ... 279

Republic Act No. 7877 (Anti-Sexual Harassment Act) ... 282

TITLE EIGHT CRIMES AGAINST PERSONS

What are the Crimes against persons? ... 283

Chapter One Destruction Of Life

SECTION 1. Parricide, Murder, Homicide ... 284

Crimes Involving Destruction of Life ... 284

 ART. 246. Parricide ... ... 284

Elements ... ... 284

The Rules ... ... 284

Killing of a father, mother, mother or child, whether legitimate of illegitimate is parricide ... 285

Killing of a lawful spouse is parricide ... 285

Killing of Common Law spouse is not parricide ... 286

Killing of a legitimate grandparent or grandchild is parricide ... ... 286

Killing of illegitimate grandparent or grandchild is

not parricide ... ... 286

Killing of adoptive parent or adopted child not parricide ... 286

Killing of a brother is not parricide ... 286

When the marriage is void ab initio, there is no parricide ... 286

Muslim spouse; killing of first wife only is parricide ... 287

 ART. 247. Death or physical injuries inflicted under exceptional circumstances ... ... 287

Elements ... ... 288

 Article 247 is a matter of defense... 288

By and Large, Art. 247 is not a felony ... 289

Who are entitled to the beneficial provision of Art. 247? ... 289

The two stages of the crime ... .... 289

FIRST STAGE: The Unfaithful spouse and paramour/ mistress are surprised while having sexual intercourse ... ... 289

SECOND STAGE: Killing or infliction of serious physical injury while in the act of sexual intercourse or immediately thereafter ... ... 289

Killing in the act of sexual intercourse ... 290

Killing immediately thereafter (after surprising them in sexual intercourse) ... ... 290

Infliction of serious physical injury in the act of sexual intercourse ... ... 291

The benefits of Art. 247 also apply ... 291

Who are not entitled to the benefits of Art. 247? ... 292

 ART. 248. Murder ... ... 292

What makes the killing murder? ... ... 293

What are the Qualifying aggravating circumstances? ... 293

1. Treachery ... ... 294

Requisites of Treachery ... ... 294

When must treachery be present? ... 295

Essence of Treachery (Alevosia) ... ... 295

For treachery to exist, two conditions must be found ... 296

Treachery requires the concurrence of two conditions ... 296

Alevosia is present when two conditions concur, namely ... 297

When treachery cannot be appreciated ... 297

Treachery can exist even if the attack is frontal if it is sudden and unexpected ... ... 298

Rules when the attack is frontal ... ... 299

There was no treachery: treachery is not presumed ... 299

Treachery: Qualifying aggravating circumstances must be alleged in the information ... 300

Alevosia considered even if ... ... 301

Reason for the rule ... ... 301

Treachery absorbs ... ... 301

Treachery does not change the nature of a special complex crime like Robbery with Homicide ... 301

Against Whom Treachery Can Be Considered? ... 302

Complex Crime (Art. 48) ... ... 302

Murder With Frustrated Homicide ... 302

Treachery can be appreciated even if the intended victim is not the one killed ... ... 303

Night time is not a qualifying aggravating circumstance ... 303

2. That advantage be taken of superior strength, or means be employed to weaken the defense ... 304

Meaning of “advantage be taken of superior strength.” ... 304

There was Abuse of Superior Strength ... 306

No advantage of superior strength ... 306

Examples of “Means employed to weaken defense” ... 306

3. Killing with the Aid of Persons under 15 years of Age (Should Now Read as 15 years of  Age or Below) ... ... 307

4. Killing be Committed with the Aid of Armed Men ... 307

  Requisites... 307

5. Killing by Means of Motor Vehicles, Motorized Watercrafts, Airships or Other “Similar Means.” ... 308

The use of a motor vehicle in killing is murder. It is a qualifying aggravating circumstance ... 308

6. The Killing Be Committed In Consideration Of A Price, Reward Or Promise ... .... 309

7. The Killing be Committed by Means of Inundation, Fire, Poison, Explosion, Stranding of a Vessel, Intentional Damage Thereto, Derailment of a Locomotive, Fall of an Airship, or by the use of any other Artifice Involving great Waste And Ruin ... 309

8. Killing On The Occasion Of Conflagration, Shipwreck, Earthquake, Epidemic, Or Other Calamity Or Misfortune... 310

9. The Killing be Committed with Evident Premeditation ... ... 310

Requisites of Evident Premeditation ... 310

What constitutes a sufficient lapse of time depends upon the facts of each case ... ... 311

10. The Wrong Done in the Commission of the Crime be Deliberately Augmented by Causing Other Wrong not Necessary for its Commission. ... 312

Number of wounds on the corpse is not indicative of cruelty per se ... ... 313

Cruel wounds must be inflicted while the victim is alive ... 313

Scoffing or decrying the corpse of the dead ... 314

Anal intercourse with a dead woman is outraging the corpse of the dead ... ... 314

 ART. 249. Homicide ... ... 314

Elements ... ... 315

How to distinguish homicide from physical injuries ... 315

 ART. 250. Penalty for frustrated parricide, murder or homicide ... 315

Penalty imposable in frustrated and attempted felonies ... 316

Penalty imposable in frustrated Homicide ... 316

Penalty imposable in attempted homicide ... 316

 ART. 251. Death caused in a tumultuous affray ... 316

Elements ... ... 317

Tumultuous affray ... ... 317

 ART. 252. Physical injuries inflicted in a tumultuous affray ... 317

Elements ... ... 318

There is no crime of slight physical injuries caused in a tumultuous affray ... ... 318

 ART. 253. Giving assistance to suicide ... ... 318

Acts punishable ... ... 318

 ART. 254. Discharge of firearms ... ... 321

Elements ... ... 321

Acts punishable ... ... 321

Purpose of the offender ... ... 322

When is firing a gun illegal discharge of firearm, attempted homicide or alarm and scandal? ... 322

SECTION 2. Infanticide and Abortion ... ... 322

 ART. 255. Infanticide ... ... 322

What is infanticide ... ... 322

Elements ... ... 323

Distinctions between parricide and infanticide ... 323

 ART. 256. Intentional abortion ... ... 324

Three ways of committing intentional abortion ... 324

Acts punishable ... ... 324

Elements ... ... 325

What crime is committed if the fetus had an intrauterine life of less than 7 months? ... .... 326

 ART. 257. Unintentional abortion ... ... 326

Elements ... ... 326

Can unintentional abortion be committed through negligence? ... ... 328

 ART. 258. Abortion practiced by the woman herself or by her parents ... ... 328

Elements ... ... 329

 ART. 259. Abortion practiced by a physician or midwife and dispensing of abortive ... ... 329

Elements ... ... 329

Who may commit this crime under this article? ... 329

What is Therapeutic Abortion? ... ... 329

 ART. 260. Responsibility of participants in a duel ... 330

Acts punishable ... ... 330

 ART. 261. Challenging to a duel ... ... 330

Acts punishable ... ... 330

Chapter Two Physical Injuries

 ART. 262. Mutilation ... ... 331

Two kinds of mutilation ... ... 331

 ART. 263. Serious physical injuries ... .... 333

How committed ... ... 334

What are considered serious physical injuries? ... 334

Deformity ... ... 335

 ART. 264. Administering injurious substances or beverages ... 335

Elements ... ... 335

 ART. 265. Less serious physical injuries ... 336

What can be considered as less serious physical injuries? ... 336

Qualified as to penalty ... ... 336

 ART. 266. Slight physical injuries and maltreatment ... 337

What are the three kinds of slight physical? ... 337

Republic Act No. 7610 ... ... 338

The New Rape Law: Republic Act No. 8353 ... 338

The State’s policy on Rape ... ... 338

Chapter Three Rape

Republic Act 8353: The New Rape Law ... 340

Article 266-A. Rape: When and How Committed ... 340

1. Rape by Sexual intercourse ... ... 340

2. Rape by Sexual Assault... 340

Article 266-B. Penalties ... ... 340

Article 266-C. Effect of Pardon ... .. 342

Article 266-D. Presumptions... 342

Salient Features of RA 8353 ... ... 344

Distinctions between rape under RPC and Rape under RA 8353 ... ... 343

1. Rape under the Revised Penal Code, is a crime against chastity. RA 8353 reclassified rape as a crime against persons... 343

2. Who shall file the complaint or information? ... 343

As a crime against chastity (Art. 355, RPC) ... 343

Under Republic Act 8353 ... ... 344

As a crime against person ... ... 344

3. Ordinarily, rape has been understood to be a crime against women, meaning, only men can be offenders and women as the offended party ... 345

4. Before the enactment of RA 8353, the slightest penetration of the female sex organ is sufficient to consummate the crime of rape ... 345

5. Under RA 8353, rape includes insertion of the penis into another person’s mouth or anal orifice, or any instrument or object, into the genitalia or anal orifice of another person ... ... 345

6. Under the new law, marital rape can now be committed. That is to say, husband can now commit rape against his wife ... ... 347

7. In marital rape, the criminal action or penalty is extinguished by a subsequent forgiveness by the wife ... 347

The law on pardon ... ... 347

Pardon under Art. 344 of the RPC only bars criminal prosecution ... ... 348

Pardon under the RPC must be given before the institution of criminal ... ... 348

People v. Lim (206 SCRA 176) ... .. 349

8. Subsequent valid marriage between the offender and the offended party extinguishes the criminal liability of the accused or the penalty already imposed ... 350

Under RA 8353; What is the effect of subsequent valid marriage? ... ... 351

9. Under RA 8353 rape can be committed by means of fraudulent machination or grave abuse of authority ... 351

Did RA 8353 Repeal Art. 337 (Qualified Seduction) and Art. 388 (Simple seduction) of the RPC? ... 352

10. Under RA 8353 the resistance of the victim against the Act of rape maybe lesser than the resistance contemplated under Art. 355 of the Revised Penal Code... 352

Elements of rape under Art. 266-A, Par. 1(a), RA 8353 ... 353

Rape by sexual intercourse ... .... 353

Force ... ... 353

Intimidation ... ... 354

Resistance ... ... 354

Consent of minors not a valid defense ... 356

Consent obtained by fear is void ... 357

Sexual intercourse with a woman deprived of reason constitutes rape ... ... 357

Complete deprivation of reason not necessary ... 357

A mentally retarded woman cannot give valid and legal consent to sexual act ... .... 358

Carnal knowledge of a mental retardate is rape ... 358

A demented person ... ... 359

Lack of knowledge of the victim’s mental condition not a defense ... ... 360

Art. 266-D of RA 8353 appears to have modified the nature and degree of resistance required of the offended party ... ... 360

Meaning of treachery ... ... 361

Ignominy as an aggravating circumstance ... 363

Title Nine Crimes Against Personal Liberty And Security Chapter One Crimes Against Liberty

SECTION 1. Illegal Detention ... ... 364

The crimes against liberty ... ... 364

The crimes against security ... .... 364

 ART. 267. Kidnapping and serious illegal detention ... 365

Elements ... ... 366

When is the crime serious illegal detention? ... 367

Who may commit the crime of kidnapping and serious illegal detention? ... ... 367

What is Ransom? ... ... 367

Essence of the crime of kidnapping ... 367

Essence of illegal detention ... . 367

Forcible abduction ... ... 368

Grave coercion ... ... 368

Illegal detention ... ... 368

Special complex crime ... ... 368

What special complex crimes would arise in kidnapping? ... 368

How should the crime be designated when the kidnap victim was killed by his abductor? ... 369

Kidnapping with Homicide: The term is used in its generic sense ... ... 369

Kidnapping with Homicide not kidnapping with murder ... 370

Kidnapping with Homicide – a special complex crime or composite crime ... ... 370

Kidnapping with rape ... ... 370

Serious illegal detention with rape ... 371

Kidnapping distinguished from forcible abduction ... 371

Grave coercion if there is no intent to deprive a person of his liberty ... ... 371

Grave coercion not kidnapping if there was no confinement, detention or lock up ... ... 371

 ART. 268. Slight illegal detention ... ... 372

Elements ... ... 372

Slight Illegal Detention is committed if any of the circumstances in the commission of kidnapping or detention enumerated in Article 267 is not present ... 372

Distinctions between Illegal Detention and Arbitrary Detention ... ... 373

 ART. 269. Unlawful arrest ... ... 373

Elements ... ... 373

Who may commit the crime? ... . 373

SECTION 2. Kidnapping of Minors ... .... 374

 ART. 270. Kidnapping and failure to return a minor ... 374

Elements ... ... 374

Who may commit the crime? ... . 374

 ART. 271. Inducing a minor to abandon his home ... 374

Elements ... ... 375

SECTION 3. Slavery and Servitude ... ... 375

 ART. 272. Slavery ... ... 375

Elements ... ... 375

Acts punishable ... ... 375

Purpose ... ... 376

RA 9208 (Anti-air Trafficking of Persons Act of 2003) ... 376

Under Section 6, trafficking is qualified when ... 377

 ART. 273. Exploitation of Child Labor ... .. 378

Elements ... ... 378

RA 9231 (Anti-Child Labor Act of 2003) ... 378

 ART. 274. Services rendered under compulsion in payment of debts ... ... 379

Elements ... ... 379

Chapter Two CRIMES AGAINST SECURITY

SECTION 1. Abandonment of Helpless Persons and Exploitation of Minors... 381

 ART. 275. Abandonment of persons in danger and abandonment of one’s own victim... 381

Acts punishable ... ... 381

Elements ... ... 382

 ART. 276. Abandonment a minor... 383

Elements ... ... 383

Circumstances qualifying the offense ... 383

 ART. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents ... 384

Acts punishable ... ... 384

 ART. 278. Exploitation of minors ... ... 385

Acts punishable ... ... 386

 ART. 279. Additional penalties for other offenses ... 386

SECTION 2. Trespass to Dwelling ... .... 386

 ART. 280. Qualified trespass to dwelling ... 386

Elements ... ... 387

Two forms of trespass ... ... 387

 ART. 281. Other forms of trespass ... .... 387

Elements ... ... 388

Instances when there is no trespass to dwelling (Bar question)... 388

 ART. 282. Grave threats ... ... 388

Acts punishable ... ... 389

 ART. 283. Light threats ... ... 389

Elements ... ... 389

 ART. 284. Bond for good behavior ... . 390

 ART. 285. Other light threats ... ... 390

Acts punishable ... ... 391

 ART. 286. Grave coercions ... ... 391

Acts punishable ... ... 392

Elements ... ... 392

Two kinds of coercion ... ... 392

Ways of commission ... ... 392

 ART. 287. Light coercions ... ... 393

Elements ... ... 393

Who may commit the crime? ... . 394

 ART. 288. Other similar coercions ... .... 394

Acts punishable ... ... 395

1. compulsory purchase of materials ... 395

2. Payments of wages by means of tokens ... 395

 ART. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats ... 396

Elements ... ... 396

 ART. 290. Discovering secrets through seizure of correspondence ... ... 396

Elements ... ... 397

 ART. 291. Revealing secrets with abuse of office ... 398

Elements ... ... 398

Persons liable ... ... 399

 ART. 292. Revelation of industrial secrets ... 399

Elements ... ... 399

In document 20120613180616378_The Revised Penal Code_Book II (Page 26-36)