Other Offenses or Irregularities By Public Officers
SECTION 1. Disobedience, Refusal of Assistance, andMaltreatment 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? ... 283Chapter One Destruction Of Life
SECTION 1. Parricide, Murder, Homicide ... 284Crimes 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 ... ... 331Two 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 ... 340Article 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 ... ... 364The 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... 381ART. 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