Title Eight Crimes Against Persons: Article 246. Parricide

Title Eight  GENERAL RULE: only relatives by blood and
CRIMES AGAINST PERSONS in the direct line are considered in parricide.

EXCEPTION: spouse
Chapter One. DESTRUCTION OF LIFE  The father, mother or child may be
legitimate or illegitimate. However, the other
Section One – Parricide, murder, homicide ascendants or descendants must be legitimate.
Article 246. Parricide
 The spouse must be legitimate. The best
Article 247. Death or physical injuries under
exceptional circumstances
proof of the relationship is the marriage
Article 248. Murder certificate.
Article 249. Homicide  Relationship must be alleged in order that
Article 250. Penalty for frustrated parricide, murder the accused may be convicted of parricide. If not
or homicide alleged, relationship must be considered as an
Article 251. Death caused in a tumultuous affray aggravating circumstance.
Article 252. Physical injuries inflicted in a  If a person wanted to kill a stranger but
tumultuous affray
killed his own father by mistake, is this parricide?
Article 253. Giving assistance to suicide
Article 254. Discharge of firearms
YES, but Art. 49 applies as regards the proper
penalty to be imposed.
Section Two – Infanticide and Abortion  If a person killed another, not knowing that
Article 255. Infanticide the latter was his son, will he be guilty of
Article 256. Intentional Abortion parricide? YES, because the law does not require
Article 257. Unintentional Abortion knowledge of relationship between them.
Article 258. Abortion practiced by the woman herself  A stranger who cooperates and takes part in
or by her parents
the commission of the crime of parricide is not
Article 259. Abortion practiced by a physician or
midwife and dispensing of abortives
guilty of parricide, but only homicide or murder,
as the case may be.
Section Three – Duel
Article 260. Responsibility of participants in a duel
Article 261. Challenging to a duel People vs. Jumawan
Chapter Two – PHYSICAL INJURIES Presentacion Jumawan, her father and two brothers
conspired to kill Presentacion’s husband Rodolfo in a store
Article 262. Mutilation near the public market. The fiscal filed an information for
Article 263. Serious physical injuries murder against the four accused and they were
Article 264. Administering injurious substances or subsequently convicted for such crime.
beverages
Article 265. Less serious physical injuries HELD: Since Presentacion’s relationship to the victim is not
alleged in the information, she can be convicted of murder
Article 266. Slight physical injuries and maltreatment
only. Relationship can be appreciated as generic
aggravating circumstance only.
Chapter Three – RAPE
Article 266-A. Rape, When and How committed People vs. Tomotorgo
Article 266-B. Penalties
Article 266-C. Effect of pardon Julian Tomotorgo hit his wife with a piece of wood, after
Article 266-D. Presumptions the latter tried to leave their conjugal home. Although
Julian stopped the beating when his wife complained of
chest pains, the wife succumbed to the serious injuries.
Julian was convicted of parricide but he claims that he
Article 246. Parricide should be sentenced to the penalty corresponding to
serious physical injuires only, the offense which he
Elements: intended to commit.
1. A person is killed; HELD: The fact that the accused intended to maltreat the
victim or inflict physical injuries DOES NOT exempt him
2. The deceased is killed by the accused;
from liability for the resulting and more serious crime
3. The deceased is the father, mother, or child, committed. He is only entitled to the mitigating
whether legitimate or illegitimate; or a legitimate circumstance of lack of intent to commit so grave a wrong.
other ascendant or other descendant, or the
legitimate spouse, of the accused.
People vs. Malabago (1996)
 Relationship of the offender with the victim
After an argument, Pedro Malabago fatally hacked and
is an essential element of this crime. struck his wife with a bolo. He was found guilty beyond
reasonable doubt of the crime of PARRICIDE.
C2005 Criminal Law 2 Reviewer

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HELD: Parricide is committed when: (1) a person is killed; unborn baby died. What crime was committed by Aldrich?
(2) the deceased is killed by the accused; (3) the deceased SUGGESTED ANSWER:
is the father, mother, or child, whether legitimate or Aldrich committed the crime of parricide with unintentional
illegitimate, or a legitimate other ascendant or other abortion. When Aldrich struck his wife, Carmi, with his fist,
descendant, or the legitimate spouse of the accused. he committed the crime of maltreatment under Art, 266, par.
3 of the Revised Penal Code, Since Carmi died because of
The key element in parricide is the relationship of the the felonious act of Aldrich, he is criminally liable of parricide
offender with the victim. In the case of parricide of a under Art. 246, RPC in relation to Art. 4, par. 1 of the same
spouse, the best proof of the relationship between the Code. Since the unborn baby of Carmi died in the process,
accused and the deceased is the marriage certificate. In
but Aldrich had no intention to cause the abortion of his
the absence thereof, oral evidence of the fact of marriage
wife, Aldrich committed unintentional abortion as defined in
may be considered by the trial court if such proof is not
Art. 257, RPC. Inasmuch as the single act of Aldrich
objected to.
produced two grave or less grave felonies, he falls under Art,
48,
People vs. Ignacio (1997) Parricide (1999)
Who may be guilty of the crime of parricide? (3%)
Accused wife here was accused of parricide for the killing SUGGESTED ANSWER:
of her husband by hitting the latter on the nape with a Any person who kills his father, mother, or child,
piece of wood. Accused was convicted of parricide. She
however appeals saying that the crime she committed is
whether legitimate or illegitimate, or his ascendants
not parricide but only homicide since there was no proof of or descendants, or spouse, shall be guilty of parricide.
marriage between her and the victim. (Art. 246, RPC)
Parricide (1999)
HELD: Guilty of parricide. The phrase “whether legitimate
In 1975, Pedro, then a resident of Manila, abandoned
or illegitimate” in the law just refers to children and not to
spouses who must therefore be legitimate. his wife and their son, Ricky, who was then only
three years old. Twenty years later, an affray took
In CAB, accused declared in open court that they were place in a bar in Olongapo City between Pedro and
husband and wife. And even without this, there is a his companions, on one hand, and Ricky and his
presumption in law that persons deporting themselves as
husband and wife have entered into a lawful marriage friends, upon the other, without the father and son
without proof to the contrary. knowing each other. Ricky stabbed and killed Pedro
in the fight, only to find out, a week later, when his
mother arrived from Manila to visit him in jail, that
People vs. Genosa
the man whom he killed was his own father. 1) What
Accused wife here was convicted parricide for the killing crime did Ricky commit? Explain. 2) Suppose Ricky
her husband and was sentenced to death. Accused asks for knew before the killing that Pedro is his father, but he
a reopening of the case in order to prove her state of mind nevertheless killed him out of bitterness for having
during the killing in as she says that she is a battered wife
(battered wife syndrome). abandoned him and his mother, what crime did Ricky
commit? Explain.
HELD: Case should be remanded for the psychological SUGGESTED ANSWER:
examination. If accused can prove that she indeed was a 1) Ricky committed parricide because the person
battered wife, this may be raised as a valid defense as a killed was his own father, and the law punishing the
species of self-defense. Having been proven to be a victim
of domestic violence of the husband. This can be self
crime (Art. 246, RPC) does not require that the crime
defense because since the wife already always assumes, be "knowingly" committed. Should Ricky be
and correctly that the husband will beat her up again, she prosecuted and found guilty of parricide, the penalty
may be justified in taking steps to protect herself. And to be imposed is Art. 49 of the Revised Penal Code
since there is the fear of an impending beating again in the
mind of the wife, she would have no opportunity
for Homicide (the crime he intended to commit) but
beforehand to choose means to protect herself other than in its maximum period.
to injure and/ or kill the husband. ALTERNATIVE ANSWER:
Ricky should be held criminally liable only for
The psychological examination can prove how the accused homicide not parricide because the relationship which
perceived danger and how, in her honest belief, she
believed that danger to herself was imminent (as one of
qualified the killing to parricide is virtually absent for
the elements of self-defense). a period of twenty years already, such that Ricky
could not possibly be aware that his adversary was
Bar Questions his father. In other words, the moral basis for
Complex Crime; Parricide w/ unintentional abortion imposing the higher penalty for parricide is absent.
(1994) SUGGESTED ANSWER:
Aldrich was dismissed from his Job by his employer. Upon 2) The crime committed should be parricide if Ricky
reaching home, his pregnant wife, Carmi, nagged him about
knew before the killing that Pedro is his father,
money for her medicines. Depressed by his dismissal and
angered by the nagging of his wife, Aldrich struck Carmi with because the moral basis for punishing the crime
his fist. She fell to the ground. As a result, she and her already exists. His having acted out of bitterness for

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having been abandoned by his father may be under 18 and single, she is still under parental
considered mitigating. authority. If she is married, her husband alone
Parricide; Multiple Parricide; Homicide (1997) A, a young can claim the benefits of this article.
housewife, and B, her paramour, conspired to kill C.  “Surprise” – to come upon suddenly
her husband, to whom she was lawfully married, A and unexpectedly
and B bought pancit and mixed it with poison. A gave  The accused must have seen his
spouse or daughter in the acts of sexual
the food with poison to C, but before C could eat it.
intercourse with another. (not before, or after
D, her illegitimate father, and E, her legitimate son,
sexual intercourse)
arrived. C. D and E shared the food in the presence of  The killing or inflicting of serious
A who merely watched them eating. C, D and E died physical injuries must be in the act of sexual
because of having partaken of the poisoned food. intercourse, or immediately thereafter.
What crime or crimes did A and B commit?  The killing must be the direct by-
SUGGESTED ANSWER: product of the accused’s rage.
A committed the crime of multiple parricide for the  The article does not apply where
killing of C, her lawful husband, D, her illegitimate the wife was not surprised in flagrant adultery
father, and E, her legitimate son. All these killings but was being abused (raped) by a man. An
constitute parricide under Article 246 of the Revised attack upon the man by the husband will be
Penal Code because of her relationship with the considered a defense of relative under Article 11
victims. B committed the crime of murder as a co- par. 2.
conspirator of A in the killing of C because the  When less serious or slight physical
killing was carried out by means of poison (Art. 248. injuries are committed, there is no criminal
par. 3, Revised Penal Code). But for feloniously liability. It is an absolutory cause.
causing the death of D and E, B committed two  The penalty of destierro is really not
counts of homicide. The plan was only to kill C. intended as a penalty but to remove the killer
spouse from the vicinity and to protect him/her
Article 247. Death or physical injuries inflicted from acts of reprisal principally by relatives of the
under exceptional circumstances deceased spouse.
 Cases where a person who
Requisites for application: committed parricide is not punished with
reclusion perpetua to death:
1. That a legally married person or a parent o When parricide is
surprises his spouse or his daughter, the latter committed through negligence (Art. 365)
under 18 years of age and living with him, in the o When parricide is
act of committing sexual intercourse with another committed by mistake (Art. 249)
person. o When parricide is
2. That he or she kills any or both of them or committed under exceptional circumstances
inflicts upon any or both of them any serious (Art. 247)
physical injury, in the act or immediately
thereafter.
3. That he has not promoted or facilitated the People vs. Abarca
prostitution of his wife or daughter, or that he or
Abarca caught his wife in the act of sexual intercourse with
she has not consented to the infidelity of the Koh. An hour later, Abarca fired several shots at Koh
other spouse. during a mahjongg session. Koh was killed and two others
were seriously wounded. Abarca was convicted of Murder
 Justification for this article: The and Double Frustrated Murder.
law considers the spouse or parent as acting in a
HELD: Though quite a length of time, about an hour, had
justified burst of passion.
passed between the time Abarca caught his wife in sexual
 In the case of an accused killing his intercourse with Koh and the time the latter was actually
spouse or his spouse’s paramour, the accused shot, the shooting must be understood to be the
must be a legally married person. continuation of the pursuit of the victim by Abarca. The
 However, in the case of a parent RPC, in requiring that the accused “shall kill any of them or
killing his/her daughter and/or the man with both of them…immediately” after surprising his spouse in
the act of intercourse, does not say that he should commit
whom she is having sexual intercourse, the the killing instantly thereafter. It only requires that the
parents need not be legitimate. death caused be the proximate result of the outrage
 Does this article apply even if the overwhelming the accused after chancing upon the spouse
daughter is married? Although the article does in the basest act of infidelity.
not use the word ‘unmarried’, this article applies
only when the daughter is single because while Bar Question

82
Death under Exceptional Circumstances (2001) destierro a penalty? Explain.
A and B are husband and wife. A is employed as a security SUGGESTED ANSWER:
guard at Landmark, his shift being from 11:00 p.m. to 7:00 In the case of People v. Abarca, G.R. No. 74433, September
a.m. One night, he felt sick and cold, hence, he decided to 14, 1987, the Court ruled that Article 247 does not define a
go home around midnight after getting permission from his felony. However, it went on to state that the penalty is
duty officer. Upon reaching the front yard of his home, he merely banishment of the accused, intended for his
noticed that the light in the master bedroom was on and that protection. Punishment, therefore, is not inflicted on the
the bedroom window was open. Approaching the front door, accused.
he was surprised to hear sighs and giggles inside the ALTERNATIVE ANSWER:
bedroom. He opened the door very carefully and peeped Yes. Article 247 of the Revised Penal Code does not define
inside where he saw his wife B having sexual intercourse and provide for a specific crime but grants a privilege or
with their neighbor C. A rushed inside and grabbed C but the benefit to the accused for the killing of another or the
latter managed to wrest himself free and jumped out of the infliction of Serious Physical Injuries. Destierro is a
window, A followed suit and managed to catch C again and punishment whereby a convict is banished to a certain place
after a furious struggle, managed also to strangle him to and is prohibited from entering or coming near that place
death. A then rushed back to his bedroom where his wife B designated in the sentence, not less than 25 kms. (People v.
was cowering under the bed covers. Still enraged, A hit B Araquel, G.R. No. L-12629, December 9, 1959)
with fist blows and rendered her unconscious. The police Did the court correctly order Pete to pay indemnity
arrived after being summoned by their neighbors and despite his exoneration under Article 247 of the
arrested A who was detained, inquested and charged for the Revised Penal Code? Explain.
death of C and serious physical Injuries of B. a) Is A liable SUGGESTED ANSWER:
for C's death? Why? (5%) b) Is A liable for B's injuries? Yes, because the privilege defined under this Article exempts
Why? (5%) the offender from criminal liability but not from civil liability.
SUGGESTED ANSWER: (People v. Abarca, G.R, No. L-74483, September 14, 1987;
a) Yes, A is liable for C's death but under the exceptional Art. 12, Revised Penal Code)
circumstances in Article 247 of the Revised Penal Code,
where only destierro is prescribed. Article 247 governs since Article 248. Murder
A surprised his wife B in the act of having sexual intercourse
with C, and the killing of C was "Immediately thereafter" as
Elements:
the discovery, escape, pursuit and killing of C form one
continuous act. (U.S. vs. Vargas, 2 Phil. 194)
b) Likewise, A is liable for the serious physical injuries he
inflicted on his wife B but under the same exceptional
circumstances in Article 247 of the Revised Penal Code, for
the same reasons.
Death under Exceptional Circumstances (2005)
Pete, a security guard, arrived home late one night after
rendering overtime. He was shocked to see Flor, his wife,
and Benjie, his best friend, completely naked having sexual
intercourse. Pete pulled out his service gun and shot and
killed Benjie. Pete was charged with murder for the death of
Benjie. Pete contended that he acted in defense of his honor
and that, therefore, he should be acquitted of the crime. The
court found that Benjie died under exceptional circumstances
and exonerated Pete of the crime, but sentenced him to
destierro, conformably with Article 247 of the Revised Penal
Code. The court also ordered Pete to pay indemnity to the
heirs of the victim in the amount of P50,000.00. (5%)
Is the defense of Pete meritorious? Explain.
SUGGESTED ANSWER:
No. A person who commits acts penalized under Article 247
of the Revised Penal Code for death or serious physical
injuries inflicted under exceptional circumstances is still
criminally liable. However, this is merely an exempting
circumstance when the victim suffers any other kind of
physical injury. In the case at bar, Pete will suffer the
penalty of destierro for the death of Benjie.
ALTERNATIVE ANSWER:
No. Pete did not act in defense of his honor. For this defense
to apply under Art. 11, there must be an unlawful aggression
which is defined as an attack or material aggression that
poses a danger to his life or personal safely. It must be a
real aggression characterized by a physical force or with a
weapon to cause injury or damage to one's life. (People v.
Nahayra, G.R. Nos. 96368-69, October 17, 1991; People v.
Housing, G.R. No. 64965, July 18, 1991)
Under Article 247 of the Revised Penal Code, is

83
1. A person was killed;  ‘Outraging or scoffing at his person
2. The accused killed him; or corpse’ – the only qualifying circumstance
3. The killing was attended by any of the which is not mentioned in Article 14 as an
following qualifying circumstances – aggravating circumstance.
 outraging – to commit an extremely vicious
a. With treachery, taking advantage of or deeply insulting act
superior strength, with the aid or armed  scoffing – to jeer, and implies a showing of
men, or employing means to weaken the irreverence
defense, or of means or persons to insure or
afford impunity;
b. In consideration of a price, reward or People v. Mallari, 404 SCRA 170
promise; FACTS: Joseph admonished Rufino and his
c. By means of inundation, fire, poison, brothers Ino and Felix Mallari not to drive fast while passing
explosion, shipwreck, stranding of a vessel, by Joseph's house. Rufino and his brothers, who were then
hot-tempered, challenged Joseph to a fight. The latter just
derailment or assault upon a railroad, fall of
ignored the challenge; and, instead he and his own
an airship, by means of motor vehicles, or brothers Radi and Manny asked apology from Rufino. Later
with the use of any other means involving that afternoon, while Joseph and Liza were watching a
great waste and ruin; basketball game at the barangay basketball court, Rufino
d. On occasion of any of the calamities and his brothers, who were then carrying bladed weapons,
enumerated in the preceding paragraph, or arrived and attempted to stab Joseph; but Joseph was able
to run away. When they were not able to catch up with
of an earthquake, eruption of a volcano,
him, Rufino boarded and drove the truck parked near the
destructive cyclone, epidemic, or any other basketball court and continued chasing Joseph until the
public calamity; truck ran over the latter, which caused his instantaneous
e. With evident premeditation; death. The trial court found Rufino guilty of murder. It
f. With cruelty, by deliberately and inhumanly ruled that the crime was committed by means of a motor
augmenting the suffering of the victim, or vehicle as a qualifying circumstance.
outraging or scoffing at his person or
HELD: The Court affirmed the trial court's finding
corpse. that Rufino deliberately bumped Joseph with the truck he
was driving. The evidence shows that Rufino deliberately
4. The killing is not parricide or infanticide. used his truck in pursuing Joseph. Upon catching up with
him, Rufino hit him with the truck, as a result of which
 Murder is the unlawful killing of any Joseph died instantly. It is therefore clear that the truck
was the means used by Rufino to perpetrate the killing of
person which is not parricide or infanticide,
Joseph.
provided any of the qualifying circumstances are The case of People v. Muñoz cited by Rufino finds
present. no application to the present case. In the said case, the
 Murder will exist with only one of police patrol jeep was merely used by the accused therein
the circumstances described in this article. When in looking for the victim and in carrying the body of the
more than one of the circumstances is present, victim to the place where it was dumped. The accused
therein shot the victim, which caused the latter's death. In
the others must be considered as generic
the present case, the truck itself was used to kill the victim
aggravating. by running over him.
 However, when the other Under Article 248 of the Revised Penal Code, a
circumstances are absorbed or included in one person who kills another "by means of a motor vehicle" is
qualifying circumstance, they cannot be guilty of murder. Thus, the use of motor vehicle qualifies
considered as generic aggravating. (example: the killing to murder.
abuse of superior strength is absorbed by
People v. Pascual (2006)
treachery)
 The qualifying circumstance must At any rate, the doctrinal rule is that where the wound
be alleged, in order to qualify the killing to inflicted on the victim is not life threatening, the accused
murder. If not alleged, it is only a generic not having performed all the acts of execution that would
aggravating circumstance. have brought about death, the crime committed is only
attempted murder.
 The offender must have intent to
kill to be liable for murder committed by means
People v. Whisenhunt, 386 SCRA 586
of fire, poison, explosion etc.
 Cruelty – when other injuries or FACTS: Whisenhunt and the deceased, Elsa
wounds are inflicted deliberately by he offender, Santos-Castillo, were lovers. They met at the Apex Motor
which are not necessary for the killing of the Corporation where accused was the Manager while Elsa was
victim. The victim must be alive when the other the Assistant Personnel Manager. Both accused and Elsa
were married, but they were estranged from their
injuries or wounds are inflicted. respective spouses. Inside his condominium unit, accused
Whisenhunt killed Elsa by stabbing her with a knife. He

84
then beheaded her and mutilated her body parts. circumstances enumerated under Article 248 of the Revised
Thereafter, with the help of Ravelo, the dismembered Penal Code. The killing, however, constitutes murder
parts of Elsa’s body were wrapped in three separate black because the commission of a crime under the influence of
garbage bags. Whisenhunt and Ravelo packed all the prohibited drugs is a qualifying, aggravating circumstance.
garbage bags in another bag with zipper and rollers. The (Sec. 25, R.A. No. 9165)
two then drove in Whisenhunt’s car and the garbage bags Murder (1999)
were eventually thrown on the roadside; and into a river. The accused, not intending to kill the victim, treacherously
The trial court found Whisenhun guilty of murder qualified shot the victim while the victim was turning his back to him.
by outraging and scoffing at the victim's person or corpse. He aimed at and hit the victim only on the leg. The victim,
however, died because of loss of blood. Can the accused be
HELD: The mere decapitation of the victim's head
liable for homicide or murder, considering that treachery was
constitute outraging or scoffing at the corpse of the victim,
clearly involved but there was no attempt to kill? Explain
thus qualifying the killing to murder. In this case, accused-
your answer. (3%)
appellant not only beheaded Elsa. He further cut up her
body like pieces of meat. Then, he strewed dismembered SUGGESTED ANSWER:
parts of her body in a deserted road in the countryside, The accused is liable for the death of the victim even though
leaving them to rot on the ground. The sight of Elsa's he merely aimed and fired at the latter's leg, "not intending
severed body parts on the ground, vividly depicted in the to kill the victim", considering that the gunshot was felonious
photographs offered in evidence, is both revolting and and was the proximate cause of death. An offender is liable
horrifying. At the same time, the viewer cannot help but for all the direct, natural, and logical consequences of his
feel utter pity for the sub-human manner of disposing of felonious act although different from what he intended.
her remains. Hence, the trial court was correct in However, since specific intent to kill is absent, the crime for
convicting accused-appellant of the crime of murder, said death is only homicide and not murder (People vs.
qualified by outraging and scoffing at the victim's person or Pugay and Samson, 167 SCRA 439)
corpse. ALTERNATIVE ANSWER:
The accused is liable for the death of the victim in as much
as his act of shooting the victim at the leg is felonious and is
Sabang v. People (2007) the proximate cause of death. A person performing a
felonious act is criminally liable for all the direct, natural, and
logical consequences of such act although different from
The distance from which a shot is fired affects the nature
what he intended. And since such death was attended by
and extent of the injury caused on the victim. In close
treachery, the same will constitute murder but the accused
range fire, the injury is not only due to the missile but also
should be given the benefit of the mitigating circumstance
due to the pressure of the expanded gases, flame and
other solid products of combustion. In contrast, distant that he did not intend to commit so grave a wrong as that
fire usually produces the characteristic effect of the bullet which was committed (Art. 13(3), RPC)
alone. A shot fired from a distance of more than 60 cm or Murder; Definition & Elements (1999)
about two (2) feet does not produce the burning, smudging Define murder. What are the elements of the crime? [3%]
or tattooing typically present in loose contact or near fire, SUGGESTED ANSWER:
short range fire and medium range fire. (a) Murder is the unlawful killing of a person which otherwise
would constitute only homicide, had it not been attended by
any of the following circumstances:
Powder burns is a term commonly used by physicians 1. With treachery or taking advantage of superior strength,
whenever there is blackening of the margin at the
or with the aid of armed men, or employing means to
entrance of the gunshot wound. The blackening is due to
weaken the defense or of means or persons to insure or
smoke smudging, gunpowder tattooing and, to a certain
afford impunity;
extent, burning of the wound margin.
2. In consideration of a price, reward or promise;
3. By means or on the occasion of inundation, fire, poison,
The fact that there were no powder burns on Butad’s explosion, shipwreck, stranding of a vessel, derailment or
body indicates that the shots were fired at a distance of assault upon a railroad, fall of an airship, or by means of
more than two (2) feet and not at close range as the motor vehicles, or with the use of any other means involving
defense suggests. Moreover, Butad sustained great waste and ruin;
4. On occasion of an earthquake, eruption of a volcano,
four (4) gunshot wounds, three (3) of which destructive cyclone, epidemic or other public calamity;
were in the chest area, circumstances which 5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting
are inconsistent with the defense’s theory of the suffering of the victim, or outraging or scoffing at his
accidental firing person or corpse.
SUGGESTED ANSWER:
(b) The elements of murder are: (1) that a person was
Murder & Sec. 25, R.A. No. 9165 (2005)
unlawfully killed; (2) that such a killing was attended by any
Candido stabbed an innocent bystander who accidentally
of the above-mentioned circumstances; (3) that the killing is
bumped him. The innocent bystander died as a result of the
not parricide nor infanticide; and (4) that the accused killed
stabbing. Candido was arrested and was tested to be
the victim.
positive for the use of ―shabu‖ at the time he committed
Murder; Evident Premeditation (1996)
the stabbing. What should be the proper charge against
Fidel and Fred harbored a long standing grudge against
Candido? Explain. (3%)
Jorge who refused to marry their sister Lorna, after the latter
SUGGESTED ANSWER:
got pregnant by Jorge. After weeks of surveillance, they
The killing was not attended by any of the qualifying
finally cornered Jorge in Ermita, Manila, when the latter was

85
walking home late at night. Fidel and Fred forcibly brought punishable as a quasi-offense in Article 365 of the Revised
Jorge to Zambales where they kept him hog-tied in a small Penal Code. The charge of Reckless Imprudence Resulting to
nipa house located in the middle of a rice field. Two days Serious Physical Injuries is correct. The penalty next higher
later, they killed Jorge and dumped his body into the river. in degree to what ordinarily should be imposed is called for,
What crime or crimes did Fidel and Fred commit? Explain. since the driver did not lend help on the spot, which help he
SUGGESTED ANSWER: could have given to the victims.
Fidel and Fred committed the crime of Murder under Art 248, Murder; Treachery (1995)
RPC, the killing being qualified by evident premeditation. On his way to buy a lotto ticket, a policeman suddenly found
This is due to the long standing grudge entertained by the himself surrounded by four men. One of them wrestled the
two accused occasioned by the victim's refusal to marry their police officer to the ground and disarmed him while the
sister after impregnating her. In People vs. Alfeche. 219 other three companions who were armed with a hunting
SCRA 85, the intention of the accused is determinative of the knife, an ice pick, and a balisong, repeatedly stabbed him.
crime committed. Where the intention is to kill the victim and The policeman died as a result of the multiple stab wounds
the latter is forcibly taken to another place and later killed, it inflicted by his assailants. What crime or crimes were
is murder. There is no indication that the offenders intended committed? Discuss fully.
to deprive the victim of his liberty. Whereas, if the victim is SUGGESTED ANSWER:
kidnapped, and taken to another situs and killed as an All the assailants are liable for the crime of murder, qualified
afterthought, it is kidnapping with homicide under Art. 267, by treachery, (which absorbed abuse of superior strength) as
RPC. the attack was sudden and unexpected and the victim was
Murder; Homicide; Infanticide; Parricide (1999) totally defenseless. Conspiracy is obvious from the concerted
A killed: (1) a woman with whom he lived without benefit of acts of the assailants. Direct assault would not complex the
clergy, (2) their child who was only two days old, (3) their crime, as there is no showing that the assailants knew that
daughter, and (4) their adopted son. What crime or crimes the victim was a policeman; even if there was knowledge,
did A commit? (3%) the fact is that he was not in the performance of his official
SUGGESTED ANSWER: duties, and therefore there is no direct assault.
A committed the following crimes: Murder; Use of Illegal Firearms (2004)
1.] HOMICIDE or murder as the case may be, for the killing PH killed OJ, his political rival in the election campaign for
of his common-law wife who is not legally considered a Mayor of their town. The Information against PH alleged that
"spouse" he used an unlicensed firearm in the killing of the victim, and
2.] INFANTICIDE for the killing of the child as said child is this was proved beyond reasonable doubt by the
less than three (3) days old. (Art. 255, RPC) prosecution. The trial court convicted PH of two crimes:
However, the penalty corresponding to parricide shall be murder and illegal possession of firearms. Is the conviction
imposed since A is related to the child within the degree correct? Reason briefly. (5%)
defined in the crime of parricide. SUGGESTED ANSWER:
3.] PARRICIDE for the killing of their daughter, whether No, the conviction of PH for two crimes, murder and illegal
legitimate or illegitimate, as long as she is not less than possession of firearm is not correct. Under the new law on
three (3) days old at the time of the killing. illegal possession of firearms and explosives, Rep. Act No.
4.] MURDER for the killing of their adopted son as the 8294, a person may only be criminally liable for illegal
relationship between A and the said son must be by blood in possession of firearm if no other crime is committed
order for parricide to arise. therewith; if a homicide or murder is committed with the use
Murder; Reckles Imprudence (2001) of an unlicensed firearm, such use shall be considered as an
Mang Jose, a septuagenarian, was walking with his ten year aggravating circumstance. PH therefore may only be
old grandson along Paseo de Roxas and decided to cross at convicted of murder and the use of an unlicensed firearm in
the intersection of Makati Avenue but both were hit by a its commission may only be appreciated as a special
speeding CRV Honda van and were sent sprawling on the aggravating circumstance, provided that such use is alleged
pavement a meter apart. The driver, a Chinese mestizo, specifically in the information for Murder.
stopped his car after hitting the two victims but then
reversed his gears and ran over Mang Jose's prostrate body Article 249. Homicide
anew and third time by advancing his car forward. The
grandson suffered broken legs only and survived but Mang
Elements:
Jose suffered multiple fractures and broken ribs, causing his
instant death. The driver was arrested and charged with
Murder for the death of Mang Jose and Serious Physical 1. A person was killed;
Injuries through Reckless Imprudence with respect to the 2. The accused killed him without any justifying
grandson. Are the charges correct? Explain. (5%) circumstance;
SUGGESTED ANSWER: 3. The accused had the intention to kill, which
Yes, the charges are correct. For deliberately running over is presumed;
Mang Jose's prostrate body after having bumped him and his 4. The killing was not attended by any of the
grandson, the driver indeed committed Murder, qualified by
qualifying circumstances of murder, or by that of
treachery. Said driver's deliberate intent to kill Mang Jose
was demonstrated by his running over the latter's body parricide or infanticide.
twice, by backing up the van and driving it forward, whereas
the victim was helpless and not in a position to defend  Intent to kill is conclusively
himself or to retaliate. As to the serious physical injuries presumed when death resulted. (crime is
sustained by Mang Jose's 10-year old grandson, as a result consummated)
of having been hit by the speeding vehicle of said driver, the
same were the result of reckless imprudence which is

86
 Evidence of intent to kill is house then led to the death of another and 3 rd degree burns
important only in attempted or frustrated on the lone survivor.
homicide (to differentiate it from physical
HELD: It was not proper to have consolidated all the
injuries). In such cases, intent to kill must be charges against the accused in one single complaint. It was
proved beyond reasonable doubt. proven that 3 victims were hacked and stabbed before the
 There is no offense of frustrated house was burned down. And then when the house was
homicide through imprudence because the burned down, this led to the death of another person and
element of intent to kill in frustrated homicide is serious burns on another.
incompatible with negligence or imprudence.
Several separate informations must be filed where the
 Accidental homicide – the death of victims were killed by separate acts. 4 crimes were
a person brought about by a lawful act committed here, 3 separate murders under the RPC and
performed with proper care and skill, and without arson as punished under sec5 PD1613 (if by reason/ on
homicidal intent. (example: the death of a boxer occasion of the arson, death results, penalty of reclusion
following a serious blow in a boxing bout, perpetua to death imposed). Therefore the information was
vulnerable to a motion to quash for being duplicitous.
provided that the rules of boxing had been
followed)
 Corpus delicti – the actual People vs. Rivera (2006)
commission of the crime charged, means that the
crime was actually committed. In crimes against An essential element of murder and homicide, whether in
persons in which death of the victim is an their consummated, frustrated or attempted stage, is
intent of the offenders to kill the victim immediately
element of the offense, there must be before or simultaneously with the infliction of injuries.
satisfactory proof of the fact of death, and the Intent to kill is a specific intent which the prosecution must
identity of the victim. prove by direct or circumstantial evidence, while general
 When the victim is under 12 years criminal intent is presumed from the commission of a
of age, penalty for homicide shall be one degree felony by dolo.
higher than that imposed by law.
Bar questions
Complex Crime; Homicide w/ Assault Authority
(1995)
People vs. Buensuceso
Pascual operated a rice thresher in Barangay Napnud where
he resided. Renato, a resident of the neighboring Barangay
Several police officers fired shots at a knife-wielding guy,
who later died from the gunshot wounds. The investigation Guihaman, also operated a mobile rice thresher which he
showed that all the four officers actually fired their service often brought to Barangay Napnud to thresh the palay of the
pistols but it was not established as to which wound was farmers there. This was bitterly resented by Pascual, One
inflicted by each policeman. afternoon Pascual, and his two sons confronted Renato and
his men who were operating their mobile rice thresher along
HELD: Where several personas acting independently of a feeder road in Napnud. A heated argument ensued. A
each other inflicted wounds on a victim but it cannot be barangay captain who was fetched by one of Pascual's men
determined which wound was inflicted by each person, all tried to appease Pascual and Renato to prevent a violent
the assailants are liable for the victim’s death. confrontation. However, Pascual resented the intervention of
the barangay captain and hacked him to death. What crime
was committed by Pascual? Discuss fully.
People vs. Pugay SUGGESTED ANSWER:
Pascual committed the complex crime of homicide with
Pugay poured gasoline on a 25-year old mental retardate assault upon a person in authority (Arts. 148 and 249 in
while Samson set the poor guy on fire, killing him in the relation to Art, 48, RPC). A barangay chairman, is in law (Art.
process. They were both convicted of murder. 152), a person in authority and if he is attacked while in the
performance of his official duties or on the occasion thereof
HELD: Pugay can only be convicted of Homicide thru the felony of direct assault is committed. Art. 48, RPC, on
reckless imprudence because of his failure to exercise all the other hand, provides that if a single act produces two or
the diligence necessary to avoid every undesirable more grave or less grave felonies, a complex crime is
consequence arising from any act committed by his committed. Here, the single act of the offender in hacking
companions. Samson is guilty of Homicide although it was the victim to death resulted in two felonies, homicide which
not his intention to kill the guy, but he shall be credited is grave and direct assault which is less grave.
with the mitigating circumstance of no intention to commit
Homicide; Fraustrated; Physical Injuries (1994)
so grave a wrong.
At about 11:00 in the evening, Dante forced his way inside
the house of Mamerto. Jay, Mamerto's son, saw Dante and
People vs. Basay (1993) accosted him, Dante pulled a knife and stabbed Jay on his
abdomen. Mamerto heard the commotion and went out of
his room. Dante, who was about to escape, assaulted
The two accused here were charged with Multiple Murder
Mamerto. Jay suffered injuries which, were it not for the
and Frustrated Murder with Arson in one information. They
timely medical attendance, would have caused his death.
were charged with having stabbed people, and to conceal
the crime, they burned down the house. The burning of the Mamerto sustained Injuries that incapacitated him for 25
days. What crime or crimes did Dante commit?

87
SUGGESTED ANSWER: 3. These several persons quarreled
Dante committed qualified trespass to dwelling, frustrated and assaulted one another in a confused and
homicide for the stabbing of Jay, and less serious physical tumultuous manner;
injuries for the assault on Mamerto.
4. Someone was killed in the course of
The crime of qualified trespass to dwelling should not be
complexed with frustrated homicide ... Dante committed
the affray;
frustrated homicide for the stabbing of Jay because he had 5. It can not be ascertained who
already performed all the acts of execution which would actually killed the deceased;
have produced the intended felony of homicide were it not 6. The person or persons who inflicted
for causes independent of the act of Dante. Dante had the serious physical injuries or who used violence can
intent to kill judging from the weapon used, the manner of be identified.
committing the crime and the part of the body stabbed.
Dante is guilty of less serious physical injuries for the
 Tumultuous affray exists
wounds sustained by Mamerto. There appears to be no
intent to kill because Dante merely assaulted Mamerto
when at least four persons take part. The word
without using the knife. ‘tumultuous’ as used in Article 153 means that
the disturbance is caused by more than three
Article 250. Penalty for frustrated parricide, persons who are armed or are provided with
murder or homicide means of violence.
 When there are two
 For frustrated parricide, homicide or murder, identified groups of men who assaulted each
the courts, in view of the facts of the case, may other, then there is no tumultuous affray.
impose a penalty lower by one degree than that  The person killed in the
imposed under Article 50. course of the affray need not be one of the
 Article 50 provides that the penalty next participants in the affray.
lower in degree than that prescribed by law for  Who are liable?
the consummated felony shall be imposed upon a. the person or persons
the principal in a frustrated felony. Thus, under who inflicted the serious physical injuries
Article 250, the court can impose a penalty of b. if it is not known who
TWO DEGREES LOWER for frustrated parricide, inflicted the serious physical injuries on the
murder or homicide. deceased, all the persons who used violence
 For attempted parricide, homicide or murder, upon the person of the victim are liable, but
the courts, in view of the facts of the case, may with lesser liability.
impose a penalty lower by one degree than that
imposed under Article 51.
 Article 51 provides that the penalty lower by People v. Unlagada, 389 SCRA 224
two degrees than that prescribed by law for the FACTS: At around 9:00 o'clock in the evening
consummated felony shall be imposed upon the Laurel left his house together with his visitor, Selda, to
principal in a attempted felony. Thus, under attend a public dance. Two hours later, Danilo asked Edwin
Article 250, the court can impose a penalty of to take a short break from dancing to attend to their
personal necessities outside the dance hall. Once outside,
THREE DEGREES LOWER for attempted parricide, they decided to have a drink and bought 2 bottles of beer
murder or homicide. at a nearby store. Not long after, Daniloleft to look for a
 Note however that any attempt on, or place to relieve himself. While Danilo was relieving
conspire against, the life of the Chief Executive of himself, Unlagada approached Danilo and stabbed him at
the Philippines or that of any member of his the side. Danilo retaliated by striking his assailant with a
family, or against the life of any member of his half-filled bottle of beer. Almost simultaneously, a group of
men numbering about seven 7, ganged up on Danilo and hit
cabinet or that of any member of the latter’s him with assorted weapons, i.e., bamboo poles, stones and
family, shall suffer the penalty of DEATH. pieces of wood. Danilo died before he could be given any
medical assistance. Unlagada was convicted by the RTC. He
claims the trial court erred in convicting him of murder and
Article 251. Death caused in a tumultuous not "death in a tumultuous affray." under Art. 251 of The
affray Revised Penal Code.
HELD: A tumultuous affray takes place when a

Elements: quarrel occurs between several persons who engage in a
confused and tumultuous manner, in the course of which a
1. There are several persons; person is killed or wounded and the author thereof cannot
2. They do not compose groups be ascertained. The quarrel in the instant case is between
organized for the common purpose of assaulting a distinct group of individuals, one of whom was
sufficiently identified as the principal author of the killing,
and attacking each other reciprocally; as against a common, particular victim. It is not, as the
defense suggests, a "tumultuous affray" within the meaning
of Art. 251 of The RPC, that is, a melee or free-for-all,

88
where several persons not comprising definite or No, I beg to disagree with A's contention that his liability
identifiable groups attack one another in a confused and should be limited to slight physical injury only. He should be
disorganized manner, resulting in the death or injury of one held liable for attempted homicide because he inflicted said
or some of them. injury with the use of a firearm which is a lethal weapon.
Intent to kill is inherent in the use of a firearm. (Araneta, Jr.
Article 252. Physical injuries inflicted in a v. Court of Appeals, 187 SCRA 123 [1990])
tumultuous affray ALTERNATIVE ANSWER:
Yes, I would agree to A's contention that his criminal liability
Elements: should be for slight physical injury only, because he fired his
gun only to pacify the unruly customers of the night club and
therefore, without intent to kill. B's gunshot that inflicted a
1. There is a tumultuous affray; fatal wound on the deceased may not be imputed to A
2. A participant or some participants thereof because conspiracy cannot exist when there is a free-for-all
suffered serious physical injuries or physical brawl or tumultuous affray. A and B are liable only for their
injuries of a less serious nature ONLY; respective act
3. The person responsible thereof cannot be
identified; Article 253. Giving assistance to suicide
4. All those who appear to have used violence
upon the person of the offended party are Acts punishable:
known.
1. Assisting another to commit suicide, whether
 Unlike in Article 251, the injured the suicide is consummated or not;
party in this article must be one or some of the 2. Lending his assistance to another to commit
participants in the affray. suicide to the extent of doing the killing himself.
 All those who appear to have used
violence shall suffer the penalty next lower in  The relation of the offender to the
degree than that provided for the serious person committing suicide is not material, the law
physical injuries inflicted. For less serious does not distinguish. Hence, penalty would be
physical injuries, the penalty is arresto mayor the same if the offender is the father, mother or
from five to fifteen days. child.
 This article does not include slight  A person who attempts to commit
physical injuries inflicted in a tumultuous affray. suicide is not criminally liable because society
considers such person to be an unfortunate
Bar Questions being, a wretched person more deserving of pity
Criminal Liability; Tumultous Affray (1997) rather than of penalty.
During a town fiesta, a free-for-all fight erupted in the public  If a pregnant woman tries to
plaza. As a result of the tumultuous affray, A sustained one
commit suicide but instead kills the baby in her
fatal and three superficial stab wounds. He died a day after.
B, C, D and E were proven to be participants in the "rumble",
womb, is she liable for abortion? NO. In order
each using a knife against A, but it could not be ascertained to incur criminal liability for a result not intended,
who among them inflicted the mortal injury. Who shall be one must be committing a felony. An attempt to
held criminally liable for the death of A and for what? commit suicide is not an act punishable by law.
SUGGESTED ANSWER:  Euthanasia (mercy killing) –
B, C, D, and E being participants in the tumultuous affray practice of painlessly putting to death a person
and having been proven to have inflicted serious physical suffering from some incurable disease. This is
injuries, or at least, employed violence upon A, are criminally
not lending assistance to suicide because in
liable for the latter's death. And because it cannot be
ascertained who among them inflicted the mortal injury on
euthanasia, the person killed does not want to
A, there being a free-for-all fight or tumultuous affray. B, C, die. A doctor who resorts to mercy killing may
D, and E are all liable for the crime of death caused in a be liable for murder.
tumultuous affray under Article 251 of the Revised Penal
Code.
Criminal Liability; Tumultuous Affray (2003) Article 254. Discharge of firearms
In a free-for-all brawl that ensued after some customers
inside a night club became unruly, guns were fired by a
Elements:
group, among them A and B, that finally put the customers
back to their senses. Unfortunately, one customer died.
Subsequent investigation revealed that A's gunshot had 1. The offender discharges a firearm against or
inflicted on the victim a slight wound that did not cause the at another person;
deceased's death nor materially contribute to it. It was B's 2. The offender had no intention to kill that
gunshot that inflicted a fatal wound on the deceased. A person.
contended that his liability should, if at all, be limited to
slight physical injury. Would you agree? Why? 6%  If the firearm is not discharged AT
SUGGESTED ANSWER:
A PERSON, there is no crime of discharge of

89
firearms. For example, firing a gun at a house at
random, not knowing where the people inside Article 255. Infanticide
were, is not discharge of firearms. The crime
may be alarms and scandals under Article 155. Elements:
 There must be no intention to kill,
otherwise the crime is attempted or frustrated 1. A child was killed
murder/homicide/parricide, as the case may be. 2. The accused killed the said child;
 The purpose of the offender is only 3. The deceased child was less than three
to intimidate or frighten the offended party. days (72 hours) of age.
 If physical injuries resulted from
discharge, the crime committed is the complex  The penalty prescribed is the same
crime of discharge of firearm with physical for parricide or murder, as the case may be.
injuries, when the physical injuries are serious or  Concealment of dishonor is not an
less serious. element of infanticide. If the crime is committed
 The crime is discharge of firearm, by the mother of the child to conceal her
even if the gun was not pointed at the offended dishonor, or by the maternal grandparents for
party when it fired, as long as it was initially the same purpose, the penalty for infanticide is
aimed by the accused at or against the offended mitigated.
party.  Delinquent mother must be of good
reputation and good morals, in order that
Dado v. People, 392 SCRA 46 concealing dishonor may mitigate her liability.
FACTS: The Esperanza, Sultan Kudarat Police  No crime of infanticide is committed
Station formed 3 teams to intercept cattle rustlers. The
when the child was born dead, or although born
team, composed of petitioner SPO4 Dado and CAFGU
members Eraso, Balinas, and Alga, waited behind a large alive, it could not sustain an independent life
dike. Balinas and Alga, who were both armed with M14 when it was killed.
armalite rifles, positioned themselves between Dado, who
was armed with a caliber .45 pistol, and accused Eraso,
who was carrying an M16 armalite rifle. They were all Article 256. Intentional Abortion
facing southwards in a half-kneeling position and were
about 2 arms length away from each other. Thereafter, the
team saw somebody approaching at a distance of 50 Ways of committing intentional abortion:
meters. Though it was a moonless night, they noticed that
he was half-naked. When he was about 5 meters away from 1. Using any violence upon the person of the
the team, Balinas noticed that Eraso, who was on his right pregnant woman;
side, was making some movements. Balinas told Eraso to 2. Acting, but without using violence, without
wait, but before Balinas could beam his flash light, Eraso
the consent of the woman. (By administering
fired his M16 armalite rifle at the approaching man.
Immediately thereafter, Dado, fired a single shot from his . drugs or beverages upon such pregnant woman
45 caliber pistol. The victim shouted, "Tay Dolfo, ako ini," without her consent.)
("Tay Dolfo, [this is] me") as he fell on the ground. The 3. Acting (by administering drugs or
victim turned out to be Silvestre "Butsoy" Balinas, the beverages), with the consent of the pregnant
nephew of Balinas and not the cattle rustler the team were woman.
ordered to intercept. Silvestre Balinas died as a result of
the gunshot wounds he sustained. The RTC convicted Dado
of the crime of Homicide. Elements:
HELD: Dado is guilty of the crime of illegal 1. There is a pregnant woman;

discharge of firearm. Absent an intent to kill in firing the 2. Violence is exerted, or drugs or beverages
gun towards the victim, petitioner should be held liable for administered, or that the accused otherwise acts
the crime of illegal discharge of firearm under Article 254
upon such pregnant woman;
of the RPC. The elements of this crime are: (1) that the
offender discharges a firearm against or at another person; 3. As a result of the use of violence or drugs or
and (2) that the offender has no intention to kill that beverages upon her, or any other act of the
person. Though the information charged the petitioner with accused, the fetus dies, either in the womb or
murder, he could be validly convicted of illegal discharge after having been expelled therefrom;
of firearm, an offense which is necessarily included in the 4. The abortion is intended.
crime of unlawful killing of a person. Under Rule 120,
Section 4, of the Revised Rules on Criminal Procedure,
when there is a variance between the offense charged in  Abortion is the willful killing of the
the complaint or information and that proved, and the fetus in the uterus, or the violent expulsion of the
offense as charged is included in or necessarily includes the fetus from the maternal womb which results in
offense proved, the accused shall be convicted of the the death of the fetus.
offense proved which is included in the offense charged, or  The person who intentionally
the offense charged which is included in the offense
caused the abortion is liable under this article.
proved.

90
The pregnant woman, if she consented to the
abortion, shall be liable under Article 258. If she a. The pregnant woman herself;
did not consent, she is not criminally liable. b. Any other person, with her consent;
 Abortion distinguished from or
infanticide: if the fetus could sustain an c. Any of her parents, with her
independent life after its separation from the consent for the purpose of concealing her
maternal womb; and it is killed, the crime is dishonor.
infanticide.
 The pregnant woman is
liable under this article, if she does the abortion
Article 257. Unintentional abortion herself or she consents to another person doing
the abortion.
Elements:  Liability of the pregnant
woman is mitigated if purpose is to conceal
1. There is a pregnant woman; dishonor.
2. Violence is used upon such pregnant woman  No mitigation for
without intending an abortion; parents of pregnant woman even if the purpose
3. The violence is intentionally exerted; is to conceal dishonor. The penalty for the
4. As a result of the violence, the fetus dies, parents in this case is the same as the penalty
either in the womb or after having been expelled for a pregnant woman committing abortion,
therefrom. without the purpose of concealing dishonor.
 Unintentional abortion is committed

only by violence, which must be intentionally Article 259. Abortion practiced by a physician
exerted. or midwife and dispensing of abortives
 Unintentional abortion may be
committed through imprudence (example: Elements (for physicians and midwives):
negligent driver gets into a car crash, causing
pregnant passenger to get thrown off the car, 1. There is a pregnant woman who has
killing fetus inside her) suffered an abortion;
 Is the accused liable for abortion 2. The abortion is intended;
even if he did not know that the woman was 3. Offender, who must be a physician or
pregnant? NO. For the crime of abortion, even if midwife, caused or assisted in causing the
unintentional, to be held committed, the accused abortion;
must have known of the pregnancy. 4. Said physician or midwife took advantage of
his or her scientific knowledge or skill.
People vs. Salufrania  The penalties provided for

intentional abortion shall be imposed in the
After quarrelling with his pregnant wife, Salufrania boxed
maximum period for physicians and midwives
her on the stomach and strangled her to death. He was
convicted of the complex crime of parricide with violating this article.
INTENTIONAL ABORTION.  Reason: heavier guilt in making
use of their knowledge for the destruction of
Held: There is no evidence to show that the accused had human life, when it should be used only for its
the intention to commit an abortion. Mere boxing on the preservation.
stomach, taken together with the immediate strangling of
the victim is not sufficient to show an intent to cause an
abortion. Thus, Salufrania should be convicted of the Elements (for pharmacists):
crime of parricide with UNINTENTIONAL ABORTION.
1. The offender is a pharmacist;
2. There is no proper prescription from a
Article 258. Abortion practiced by the woman physician;
herself or by her parents 3. The offender dispenses any abortive.
Elements:  It is not necessary that the

pharmacist knows that the abortive would be
1. There is a pregnant woman who has used to cause an abortion. What is punished is
suffered an abortion; the dispensing of the abortive without the proper
2. The abortion is intended; prescription.
3. Abortion is caused by -

91
 Not necessary that the abortive be 1. Intentionally mutilating another by depriving
actually used either. him, either totally or partially, of some essential
 If the pharmacist knew that the organ for reproduction; (castration)
drug would be used to cause an abortion, he may
be liable as an accomplice in the crime of Elements:
abortion.
a. There be a castration, that is, mutilation of
organs necessary for generation, such as the
Article 260. Responsibility of the participants penis or ovarium;
in a duel b. The mutilation is caused purposely and
deliberately, that is, to deprive the offended
Acts punishable: party of some essential organ for
reproduction.
1. Killing one’s adversary in a duel;
2. Inflicting upon such adversary physical 2. Intentionally making other mutilation, that is,
injuries; by lopping or clipping off any part of the body of
3. Making a combat although no physical the offended party, other than the essential
injuries have been inflicted. organ for reproduction, to deprive him of that
part of his body. (other intentional mutilation)
Persons liable:
 Mutilation is the lopping or clipping
1. The person who killed or inflicted physical off of some part of the body.
injuries upon his adversary, or both combatants  The second type of mutilation is
in any other case, as principals. also called ‘mayhem’.
2. The seconds, as accomplices.  For other intentional mutilation, if
the victim is under 12 years of age, the penalty
 Duel is a formal or regular combat shall be one degree higher than that imposed by
previously concerted between two parties in the law.
presence of two or more seconds of lawful age  The offender must have the
on each side, who make the selection of arms intention to deprive the offended party of a part
and fix all the other conditions of the fight. of his body. If there is no such intention, the
 If death results, the penalty is the crime will be serious physical injuries.
same as that for homicide.
Article 263. Serious physical injuries

Article 261. Challenging to a duel
How committed:
Acts punishable:
1. By wounding;
1. Challenging another to a duel; 2. By beating;
2. Inciting another to give or accept a 3. By assaulting; or
challenge to a duel; 4. By administering injurious substance.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a Types of serious physical injuries:
duel.
1. When the injured person becomes insane,
 A challenge to a fight, without imbecile, impotent or blind in consequence of the
contemplating a duel, is not challenging to a physical injuries inflicted;
duel. The person making the challenge must 2. When the injured person –
have in mind a formal combat to be concerted a. Loses the use of speech or the power to
between him and the one challenged in the hear or to smell, or loses an eye, a hand, a
presence of two or more seconds. foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which
Article 262. Mutilation he was theretofore habitually engaged, in
consequence of the physical injuries
Acts punishable: inflicted;
3. When the person injured –
a. Becomes deformed; or

92
b. Loses any other member of his body; or  Note that under serious physical
c. Loses the use thereof; or injuries of the fourth type, illness or incapacity is
d. Becomes ill or incapacitated for the required, NOT medical attendance.
performance of the work in which he was  Paragraphs 2 and 3 refers to the
habitually engaged for more than 90 days in “work in which he was theretofore habitually
consequence of the physical injuries engaged”…must the injured party have an
inflicted; avocation at the time at the time of the injury?
4. When the injured person becomes ill or YES, insofar as these two paragraphs are
incapacitated for labor for more than 30 days concerned. Incapacity therefore must related to
(but must not be more than 90 days), as a result a certain kind of work only. However, in
of the physical injuries inflicted. paragraph 4, incapacity for any kind of work is
acceptable, because the phrase “incapacity for
 In physical injuries, there must not labor” is used.
be intent to kill, otherwise the crime is  Injury requiring hospitalization for
frustrated/attempted murder or homicide as the more than thirty days is serious physical injuries
case may be. under paragraph 4.
 Impotence under first type means  When the category of the offense
an inability to copulate. It is used synonymously of serious physical injuries depends on the period
with ‘sterility’. of illness or incapacity for labor, there must be
 Penalty under the first type is one evidence of the length of that period; otherwise,
degree higher when the victim is under 12 years the offense is only slight physical injuries.
of age.  Lessening of efficiency due to injury
 Blindness under the second type is NOT incapacity.
must be of two eyes. If there is loss of one eye  Distinguished from mutilation: In
only, the serious physical injuries is of the second mutilation, the body parts should have been
type. purposely and deliberately lopped or clipped off.
 Loss of power to hear under the This intention is not present in serious physical
second type must be of both ears. If hearing in injuries.
only one ear is lost, it falls under the third type.  Qualified serious physical injuries –
 Loss of the use of hand, or if the offense is committed against any of the
incapacity for work under the second type, must persons enumerated in the crime of parricide, or
be permanent. with the attendance of any of the circumstance in
 All the body parts mentioned in the murder, the law provides for higher penalties.
second type are principal members of the body
(eye, hand, foot etc.)
 The third type covers any other part Article 264. Administering injurious
of the body which is not a principal member of substances or beverages
the body.
 Deformity – physical ugliness, Elements:
permanent and definite abnormality. It must be
conspicuous and visible. 1. Offender inflicted upon another any serious
 Elements of deformity: (a) physical physical injury;
ugliness, (b) permanent and definite abnormality, 2. It was done by knowingly administering to
and (c) it must be conspicuous and visible. All him any injurious substance or beverages or by
these elements must concur. taking advantage of his weakness of mind or
 Deformity by loss of teeth refers to credulity;
injury which cannot be repaired by the action of 3. He had no intent to kill.
nature.
 Loss of both outer ears is a  It is frustrated murder when there
deformity. is intent to kill, the injurious substance to be
 Loss of the lobule of the ear is a considered as poison.
deformity.  If the accused did not know of the
 Loss of index and middle fingers injurious nature of the substances administered,
only is either deformity or loss of a member, not he is not liable under this article.
a principal one, of his body or use of the same.  Administering injurious substance
 Loss of power to hear of right ear means introducing into the body the substance.
only is loss of use of other part of body. Thus, throwing mordant chemicals or poisons on
 Illness – when the wound inflicted the face is not contemplated in this article.
did not heal with a certain period of time.

93
 This article does not apply if the 2. Physical injuries which did not prevent the
physical injuries that result are less serious or offended party from engaging in his habitual
slight. work or which did not require medical
 Taking advantage of weakness of attendance;
mind or credulity: for example, using witchcraft, 3. Ill-treatment of another by deed without
magnetism, philters etc. causing any injury.
 When there is no evidence of actual

Article 265. Less serious physical injuries injury, it is only slight physical injuries.
 Supervening event converting the
Matters to be noted in this crime: crime into serious physical injuries after the filing
of the information for slight physical injuries can
1. Offended party is incapacitated for labor for still be the subject of a new charge. Information
10 days or more (but not more than 30 days), or may be amended.
needs medical attendance for the same period of
time; Li v. People, 427 SCRA 217
2. The physical injuries must not be those
Facts: Because of an altercation between Arugay
described in the preceding articles.
and Li, the latter armed himself with a baseball bat and
used the same to hit Arugay on the arm. Arugay armed with
Qualified as to penalty: a bolo, retaliated by hacking Li on the head causing the bat
to fall from his hand and leaving him unconscious or semi-
1. A fine not exceeding P 500.00, in addition to unconsious. At this point in time, Sangalang, who was also
arresto mayor, shall be imposed for less serious present stabbed Arugay several times which resulted to
the latter’s death. The RTC found Li guilty on the tenuous
physical injuries when –
determination that a conspiracy between Li and Sangalang
existed.
a. There is a manifest intent to insult or
offend the injured person; or Held: The only injury attributable to Li is the contusion on
b. There are circumstances adding the victim’s right arm that resulted from Li striking Arugay
ignominy to the offense. with a baseball bat. In view of the victim’s supervening
death from injuries which cannot be attributed to Li
beyond reasonable doubt, the effects of the contusion
2. A higher penalty is imposed when the victim caused by Li are not mortal or at least lie entirely in the
is either - realm of speculation. When there is no evidence of actual
incapacity of the offended party for labor or of the
a. The offender’s parents, ascendants, required medical attendance, the offense is only slight
guardians, curators or teachers; or
b. Persons of rank or person in R.A. 8049
authority, provided the crime is not direct An Act Regulating Hazing
assault. and Other Forms of Initiation Rites
in Fraternities, Sororities and other Organizations
 Medical attendance OR
What is Hazing?
incapacity for labor is required in less serious
physical injuries. Hazing is an initiation rite or practice as a
 It is only slight physical prerequisite for admission into membership in a fraternity,
injury when there is no medical attendance or sorority or organization by placing the recruit neophyte or
incapacity for labor. applicant in some embarrassing or humiliating situations
 The phrase “shall such as forcing him to do menial, silly, foolish and similar
require medical attendance” refers to ACTUAL tasks or activities or otherwise subjecting him to physical or
medical attendance, not to the nature of the psychological suffering or injury. (§1)
wound or injury inflicted.
The term “organization” shall include any club or
the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or
Article 266. Slight physical injuries and officer and cadet corp of the Citizen's Military
maltreatment Training, or Citizen's Army Training. But the physical,
mental and psychological testing and training procedure and
Acts punished: practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the
Armed Forces of the Philippines and the Philippine National
1. Physical injuries incapacitated the offended
Police as approved by the Secretary of National Defense and
party for labor from one to nine days, or required the National Police Commission duly recommended by the
medical attendance during the same period; Chief of Staff, Armed Forces of the Philippines and the

94
Director General of the Philippine National Police shall not be 6. The owner of the place where hazing is
considered as hazing for the purpose of this Act. (§1) conducted shall be liable as an accomplice, when he
has actual knowledge of the hazing conducted therein
but failed to take any action to prevent the same from
Requirements before hazing may be conducted occurring.
1. No hazing or initiation rites in any form or manner 7. The school authorities including faculty
by a fraternity, sorority or organization shall be allowed members who consent to the hazing or who have
without prior written notice to the school authorities actual knowledge thereof but failed to take any action
or head of organization seven (7) days before the to prevent the same from occurring shall be punished
conduct of such initiation. The written notice shall as accomplices for the acts of hazing committed by
indicate the ff: the perpetrators.
 period of the initiation activities which The presence of any person during the hazing is prime
shall not exceed three (3) days, facie evidence of participation therein as a principal unless
 the names of those to be subjected to he prevented the commission of the acts punishable herein.
such activities
 an undertaking that no physical Any person charged under this provision shall not be
violence be employed by anybody during entitled to the mitigating circumstance that there was no
such initiation rites. (§2) intention to commit so grave a wrong.
2. The head of the school or organization or their This section shall apply to the president, manager, director
representatives must assign at least two (2) or other responsible officer of a corporation engaged in
representatives of the school or organization as hazing as a requirement for employment in the manner
the case may be, to be present during the initiation. It provided herein. (§4)
is the duty of such representative to see to it that no
physical harm of any kind shall be inflicted upon a
recruit, neophyte or applicant. (§3) Penalties imposed
The penalties imposed shall vary depending on the

Who are punishable? injury suffered by the victim. If the victim dies, is raped,
sodomized or mutilated, the penalty is reclusion perpetua to
If the person subjected to hazing or other forms of initiation death.
rites suffers any physical injury or dies as a result
thereof, the following are punished under the law: The maximum penalty shall be imposed in any of the
following instances:
AS PRINCIPALS: a) when the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the
1. The officer and members of the fraternity, sorority person of the recruit who refuses to join;
or organization who actually participated in the b) when the recruit, neophyte or applicant initially
infliction of physical harm consents to join but upon learning that hazing will be
committed on his person, is prevented from
2. If the hazing is held in the home of one of the quitting.
officers or members of the fraternity, group, or c) when the recruit neophyte or applicant having
organization, the parents shall be held liable as undergone hazing is prevented from reporting the
principals when they have actual knowledge of the unlawful act to his parents or guardians, to the
hazing conducted therein but failed to take any action proper school authorities, or to the police authorities
to prevent the same from occurring. through force, violence , threat or intimidation;
d) when the hazing is committed outside of the school
3. The officers, former officers, or alumni of the or institution: or
organization, group, fraternity, or sorority who e) when the victim is below twelve (12) years of age
actually planned the hazing although not present at the time of the hazing.
when the acts constituting the hazing were committed
4. Officers or members of an organization, group, The responsible officials of the school or of the
fraternity, or sorority who knowingly cooperated in police, military or citizen's army training organization, may
carrying out the hazing by inducing the victim to be impose the appropriate administrative sanctions on
present thereat the person or persons charged under this law even before
their conviction.
5. A fraternity or sorority's adviser who is
present when the acts constituting the hazing were
Bar Questions
committed and failed to take any action to prevent the
Anti-Hazing law – RA 8049 (2002)
same from occurring
What is hazing as defined by law? (2%)
SUGGESTED ANSWER:
AS ACCOMPLICES:
Hazing, as defined by law, is an initiation rite or practice as a
prerequisite for admission into membership in a fraternity,

95
sorority or organization by placing the recruit, neophyte or
applicant in some embarrassing or humiliating situations  Rape can now be
such as forcing him to do menial, silly, foolish and similar committed by a male or a female.
tasks or activities or otherwise subjecting him to physical or
 Only one of the four
psychological suffering or injury.
What does the law require before initiation rites may
circumstances mentioned is sufficient.
be performed? (3%)  Force employed against
SUGGESTED ANSWER: the victim of the rape need not be of such
Section 2 of Rep. Act No. 8049 (Anti-Hazing Law) requires character as could be resisted. It is enough that
that before hazing or initiation rites may be performed, the force used is sufficient to consummate the
notice to the school authorities or head of organizations shall purpose of copulating with the offended woman.
be given seven (7) days before the conduct of such rites.  When the offender in
The written notice shall indicate (a) the period of the
rape has an ascendancy or influence over the
initiation activities, not exceeding three (3) days; (b) the
names of those to be subjected to such activities, and (c) an
girl, it is not necessary that she put up a
undertaking that no physical violence shall be employed by determined resistance.
anybody during such initiation rites.  Rape may be proved by
the uncorroborated testimony of the offended
Article 266-A. Rape, When and How woman.
Committed  There is no crime of
frustrated rape (see Orita case).
Elements under paragraph 1:  Character of the
offended woman is immaterial in rape.
1. Offender is a man;  When several persons
2. Offender had carnal knowledge of a conspired to rape a single victim, each shall be
woman; liable for the rape committed personally by him,
3. Such act is accomplished under any of as well as those committed by the others
the following circumstances:
a. By using force or intimidation; Article 266-B. Penalties

b. When the woman is deprived
of reason or otherwise unconscious; When rape is punished by death:
c. By means of fraudulent
machination or grave abuse of authority; or 1. Where the victim is under 18 years of age
d. When the woman is under 12 and the offender is her ascendant, stepfather,
years of age or demented. guardian, or relative by affinity or consanguinity
within the 3rd civil degree, or the common law
Elements under paragraph 2: husband of the victim’s mother; or
2. Where the victim was under the custody
1. Offender commits an act of sexual of the police or military authorities, or other
assault; law enforcement agency;
2. The act of sexual assault is committed 3. Where the rape is committed in full view of
by any of the following means: the victim’s husband, the parents, any of the
children or relatives by consanguinity within the
a. By inserting his penis into another 3rd civil degree;
person's mouth or anal orifice; or 4. Where the victim is a religious, that is, a
b. By inserting any instrument or member of a legitimate religious vocation and the
object into the genital or anal orifice of offender knows the victim as such before or at
another person; the time of the commission of the offense;
5. Where the victim is a child under 7 yrs of
3. The act of sexual assault is age;
accomplished under any of the following 6. Where the offender is a member of the
circumstances: AFP, its paramilitary arm, the PNP, or any law
enforcement agency and the offender took
a. By using force or intimidation; or advantage of his position;
b. When the woman is deprived of 7. Where the offender is afflicted with
reason or otherwise unconscious; or AIDS or other sexually transmissible diseases,
c. By means of fraudulent machination and he is aware thereof when he committed the
or grave abuse of authority; or rape, and the disease was transmitted;
d. When the woman is under 12 years 8. Where the victim has suffered permanent
of age or demented. physical mutilation;

96
9. Where the pregnancy of the offended Old rape law New rape law
party is known to the rapist at the time of the Crime against chastity Crime against persons
rape; or May be committed by a man Under the second type,
10. Where the rapist is aware of the victim’s against a woman ONLY sexual assault may be
committed by ANY PERSON
mental disability, emotional disturbance or
PRIVATE CRIME – May be prosecuted even if
physical handicap.
Complaint must be filed by the woman does not file a
the woman or her parents, complaint
grandparents or guardian if
 Rape under the first the woman was a minor or
type is punished by reclusion perpetua. Rape incapacitated
under the second type is punished by reclusion Marriage of the victim with Marriage extinguishes the
temporal. Penalties are increased in these one of the offenders benefits penal action only as to the
instances: not only the principal but principal (the person who
also the accomplices and married the victim)
o When it is
accessories
committed with the use of a deadly weapon Marital rape NOT recognized Marital rape recognized
or by two or more persons
o When the victim
becomes insane People vs. Orita
o When there is
attempted rape and homicide is committed A PC soldier raped a 19-year old student while poking a
by reason or on the occasion thereof knife on her neck. However, only a portion of his penis
entered her vagina because the victim kept on struggling
o When homicide is until she was finally able to escape. The soldier was
committed by reason or on the occasion of convicted of FRUSTRATED RAPE.
rape
o When rape is HELD: There is NO crime of frustrated rape because – In
rape, from the moment the offender has carnal knowledge
committed with any of the enumerated
of the victim, he actually attains his purpose, from that
qualifying or aggravating circumstances moment also all the essential elements of the offense have
(death penalty is imposed) been accomplished. Nothing more is left to be done by the
 Rape with offender because he has performed the last act necessary
homicide is now a special complex crime, to produce the crime.
punishable by death (first type) or reclusion
perpetua (second type).
People vs. Mangalino
A 55-year old man lured a 6-year old to his bedroom by

266-C. Effect of pardon giving her two pesos. He then tried to force his penis in to
her vagina but he was not able to completely do so,
 Subsequent valid because of the little girl’s undeveloped genitalia (only 1
cm. in diameter).
marriage between the offender and the offended
party shall extinguish the criminal action or the HELD: Rape was committed even though the penetration
penalty imposed. could only go as deep as the labia. The court has
 In case it is the consistently held that for rape to be committed, full
legal husband who is the offender, the penetration is not required. Even the slightest penetration
subsequent forgiveness by the wife as the is sufficient to consummate the crime of rape.
offended party shall extinguish the criminal
action or the penalty, provided that their People vs. Balbuena
marriage is not void ab initio.
A tomboy went on a drinking spree with her male friends.
266-D. Presumptions Two of her companions raped her on top of a billiard table.
While one guy was raping her, the other pinned her arms
down.
Evidence which may be accepted in the prosecution
of rape: HELD: In the crime of rape, when a woman testifies that
she had been raped, she says all that need to be said to
1. any physical overt act signify that this crime has been committed. Note that each
manifesting resistance against the act of rape in accused was sentenced to two counts of rape - one for
any degree from the offended party. actually raping the girl and another for helping the other
rape the girl.
2. where the offended party is so
situated as to render him/her incapable of giving
consent. People vs. Castro

97
Castro brought a 6-year old girl inside the bathroom. He
made the girl stand on the toilet bowl and tried to insert People vs. Sabredo (2000)
his penis into her vagina. Medical findings showed that the
victim’s hymen was not lacerated. Jimmy Sabredo, uncle of victim Judeliza, lived with their
family in Cebu for more than a year. He forcibly dragged
HELD: Perfect penetration, rupture of the hymen or her at knife's point, and brought her to Masbate. Armed
laceration of the vagina are not essential for the offense of with a blade, he sexually assaulted Judeliza. After
consummated rape. Entry to the extent of the labia or lips satisfying his lust, Jimmy inserted three fingers into her
of the female organ is sufficient. The victim’s remaining a vaginal orifice and cruelly pinched it. Later, Jimmy struck
virgin does not negate rape. Judeliza with a piece of wood, rendering her unconscious.
TC sentenced him to death for the complex crime of
abduction with rape.
People vs. Atento
HELD: When a complex crime under Article 48 of the RPC is
A 16-year old mental retardate was repeatedly raped by charged, such as forcible abduction with rape, it is
her neighbor, and she later on gave birth to their child. axiomatic that the prosecution must allege and prove the
She described the sexual experience as pleasurable presence of all the elements of forcible abduction, as well
(Masarap!) as all the elements of the crime of rape. Prosecution failed
to allege the 3rd element of forcible abduction which is that
HELD: Even though force and intimidation has not been the abduction is with lewd designs. Thus, when Jimmy,
established, rape was still committed because the victim is using a blade, forcibly took away complainant for the
deprived of reason. Under paragraph 2 of Article 335, it is purpose of sexually assaulting her, as in fact he did rape
not necessary that the culprit actually deprives the victim her, the rape may then absorb forcible abduction. Hence,
of reason prior to the rape, as by administration of drugs or the crime committed by appellant is simple rape only.
some other method. This provision also applies to cases
where the woman has been earlier deprived of reason by Where the rape is committed with the use of deadly
other causes, as when she is congenitally retarded. weapon or by two or more persons, the imposable penalty
ranges from RP to death. The use of the bladed weapon
already qualified the rape. Since there is no aggravating
People vs. Dela Cuesta circumstance, the lesser penalty shall be applied.
The RTC of Makati found De La Cuesta guilty of 6 counts of Section 11 (1) of R.A. No. 7659 imposes the death penalty
rape against 9-year-old Merma Binasbas. At the time of the when the rape victim is under 18 years of age and the
alleged incidents of rape, De La Cuesta, then 64 years old, offender is a parent, ascendant, step-parent, guardian,
was boarding with Merma and her mom. De La Cuesta relative by consanguinity or affinity within the third civil
threatened the girl and gave her P20 after each encounter. degree, or the common-law spouse of the parent of the
De La Cuesta claims it was error for the lower court to find victim. However, R.A. No. 7659 cannot apply IN CAB
that he was Merma’s guardian, and that he could have because (1) at the time the rape was committed, victim
committed the rape in view of his age (he claims his last was already more than 18 years old and (2) the information
erection was 3 years ago). did not allege that offender and offended party were
relatives within the third degree of consanguinity.
HELD: The trial court erred in imposing the supreme Sentence should only be reclusion perpetua.
penalty of death. R.A. 7659 provides that the death penalty
shall be imposed when the victim is under 18 years old and
the offender is a guardian. In People v. Garcia (281 SCRA People vs. Arillas (2000)
463), we held that the restrictive definition of a guardian,
that of a legal or judicial guardian, should be used in Amor O. Arillas accused her father, Romeo Arillas of raping
construing the term “guardian” for the purpose of imposing her on two occasions when she was barely 16 years old. The
the death penalty under R.A. 7659. trial court found her father guilty beyond reasonable doubt
and imposed the death penalty for the reason that the
The mere fact that the mother asked De La Cuesta to look victim was under 18 years old at the time of the
after her child while she was away did not constitute the commission of the offense and the offender was her father.
relationship of guardian-ward as contemplated by the law.
He watched over the girl as a favor to mother for letting HELD: The informations in these cases alleged that the
him stay while his place was being renovated. victim is the daughter of the appellant but it did not allege
that the victim is under 18 years old. It is a denial of the
De La Cuesta’s contention that he was incapable of right of an accused not to be informed of the nature of the
committing rape due to his age, physical condition and lack accusation against him, and consequently, a denial of due
of earthly desires is self-serving. There is no evidence process if he is convicted of a crime in its qualified form
presented to substantiate his alleged dysfunction. In one notwithstanding the fact that the information, on which he
case, we rejected the defense even after a doctor had was arraigned, charges him only of the crime in its simple
examined the accused by stimulating his organ with a wisp form by not specifying the circumstance that qualifies the
of cotton for three minutes and there was no erection. crime. Hence, the appellant was only charged with simple
(People v. Palma, 144 SCRA 236). At any rate, advanced rape and its penalty is reclusion perpetua.
age does not mean that sexual intercourse is no longer
possible, as age is not a criterion taken alone in
determining sexual interest and capability of middle-aged People vs. Mahinay
and older people. (People v. Bahuyan, 238 SCRA 330).

98
Accused here was a houseboy who raped and killed the 12- left hand separated her legs. Then he inserted his penis
year-old daughter of their neighbor. Accused was convicted into her vagina. It was only at around 2:00 a.m. when her
of Rape with Homicide and sentenced to death. parents caught Oga naked atop Irene’s naked body. Irene
denied that the appellant was her boyfriend. For his part,
HELD: Since the victim here was 12 years old already, must Oga interposed as a defense the “sweetheart theory.”
prove sexual congress by force and violence and lack of
consent. Since in this case the victim was unconscious, the HELD: In reviewing rape cases, the Court has
conclusion is that there was lack of consent. established the following principles as guides: (1) an
accusation of rape can be made with facility, difficult to
The crime here is Rape with Homicide, which is a special prove but more difficult for the person accused, though
complex crime with an indivisible penalty of death. This is innocent, to disprove; (2) by reason of the intrinsic nature
treated in the same way as qualified rape, rape with any of of rape, the testimony of the complainant must be
the 10 attendant circumstances properly alleged in the scrutinized with extreme caution; and (3) the evidence for
information and proven at trial. However if any of the the prosecution must stand or fall on its merits and cannot
circumstances are not alleged but proven, the penalty draw strength from the weakness of the evidence for the
cannot be death except if the circumstance can be made to defense. In the present case, the Cout ruled that no
fall under Art.14/15 RPC. In CAB, the court has no choice physical force was used to quell Irene’s alleged resistance.
but to impose death as this is what is given in the law as Irene claimed that she resisted the sexual molestation, but
the penalty for the special complex crime. a careful reading of her testimony failed to reveal the kind
of resistance she did under the circumstances. While it is
true that a rape victim is not expected to resist until
People vs. Quiñanola (1999) death, it is contrary to human experience that Irene did
not even make an outcry or use her hands which must have
There were 2 accused here who took turns in raping a 15- been free most of the time to ward off the lustful advances
year-old girl. They were convicted of frustrated rape based of appellant. Further, the findings of Dr. Villena, who
on People vs. Erina despite the fact that the subsequent examined Irene only several hours after the alleged rape,
case of People vs. Orita saying that there can never be a showed no sign of extragenital injuries on her body. Not a
crime of frustrated rape. The ruling was based on the piece of Irene’s apparel was torn or damaged as would
testimony of the victim that she only felt the penis evince a struggle on her part. These circumstances
touching her. additionally belie Irene’s claim that the appellant had
sexual intercourse with her without her consent.
HELD: The 2 accused should be convicted each of two
counts of consummated rape. Frustrated rape can never be People v. Buates, 408 SCRA 278 (2003)
committed because no matter how slight the penetration,
as long the penis touches the external genitalia of the FACTS: On July 28, 1990, at around 5:00 p.m.,
woman, the rape is consummated as the person has done Jennifer Buates was on her way home when the appellant,
all the necessary acts to complete the crime. who is his uncle, called her, allegedly to give her
something. As Jennifer approached the appellant, the
Even if Art335 RPC as amended still uses frustrated rape, latter pointed a knife at her and told her to undress.
the Court will ignore it and just treat it as a mere lapse in Fearful for her life, Jennifer undressed, followed by the
language. appellant. Thereafter, he ordered her to lie down on the
grassy portion of the area. He spread her legs and inserted
his penis into her vagina while she cried and felt severe
People vs. Campuhan pain. The appellant appeared to have shivered before
finally pulling out his penis. He instructed Jennifer to dress
Campuhan had his pants down and was on top of the 4-year up and warned her not to tell her family about the
old child when the child’s mother arrived. A medical incident, otherwise they would all be killed. After the
examination showed that there were no signs of genital incident appellant succeeded in molesting her several
injury and that the victim’s hymen was intact. times more on different dates. In December 1994,
Jennifer went to live with her grandmother one month
HELD: For rape to be consummated, a slight brush or after her own father allegedly molested her.
scrape of the penis on the external layer of the vagina Subsequently, she stayed with an aunt a before transferring
(mons pubis) will not suffice. There must be sufficient and to another aunt, a certain Enrica Provido, to whom she
convincing proof that the penis indeed touched the labias finally revealed her harrowing experience in the hands of
or slid into the female organ, and NOT merely stroked the the appellant and her own father. Consequently, Enrica
external surface thereof. AT LEAST THE LABIA MAJORA called Jennifer’s mother, Gliceria in Bicol and related her
MUST BE ENTERED FOR RAPE TO BE CONSUMMATED. daughter’s ordeal. The RTC convicted Oga of two counts of
rape. Appellant principally assails the credibility of
Jennifer, claiming that her actuations after the alleged
People v. Oga, 431 SCRA 354 (2004) commission of each act of rape were not typical of a rape
victim. Specifically, appellant points out that Jennifer
FACTS: At around 10:00 p.m., Oga summoned 14- continued to take a bath alone and fetch water from the
year-old Irene to his barracks. Inside his barracks, Oga, river near where the appellant allegedly raped. She also
however, suddenly pulled her and laid her on the wooden took the same path on her way to school where the second
bed. The appellant then took off her pants and panty, as sexual assault allegedly took place. Moreover, Jennifer
well as his clothes. Irene allegedly resisted the sexual remained respectful of the appellant. In addition, she did
assault, but her efforts proved in vain because the Oga was not inform any member of her family about the alleged
strong and drunk. He pinned her down with his body, while sexual assaults in 1990 and 1993 but only after several
his right hand pinned her hands above her shoulders and his years, in 1998.

99
Jalosjos would thereafter give her money which she in turn
HELD: The appellant cannot successfully impugn gives to Simplicio. After trial, the RTC convicted Cong.
the credibility of the private complainant on account of her Jalosjos of two (2) counts of statutory rape, and six (6)
alleged "normal" behavior after both sexual assaults. It counts of acts of lasciviousness defined and penalized
must be borne in mind that different people respond under Article 336 of the RPC, in relation to Section 5(b) of
differently to a given stimulus or type of situation and Republic Act No. 7610, also known as the Child Abuse Law.
there is no standard form of behavioral response when one
undergoes a shocking or startling experience. The HELD: In statutory rape, mere sexual congress
demeanor of the private complainant was understandable with a woman below twelve years of age consummates the
in the light of the circumstances in both incidents of rape. crime of statutory rape regardless of her consent to the act
She did not immediately disclose her misfortune to anybody or lack of it. The law presumes that a woman of tender age
because of the death threats from the appellant. Being in does not possess discernment and is incapable of giving
her early teens, she was obviously cowed into silence as intelligent consent to the sexual act. Thus, it was held that
the appellant warned her not to divulge the incident to carnal knowledge of a child below twelve years old even if
anybody, otherwise she and her family would be killed. she is engaged in prostitution is still considered statutory
Such threat from the appellant, for sure, generated much rape. The application of force and intimidation or the
fear in her mind. Further the victim’s lowly station in life deprivation of reason of the victim becomes irrelevant. The
simply offered no other option for the private complainant absence of struggle or outcry of the victim or even her
but to continue doing those things. i.e. taking a bath alone; passive submission to the sexual act will not mitigate nor
fetching water… absolve the accused from liability.
The Court also held that it was extremely In the case at bar, the prosecution established
ludicrous for the appellant to claim the continued respect beyond reasonable doubt that accused-appellant had carnal
and affection of the private complainant solely from the knowledge of Rosilyn. Moreover, the prosecution
latter's customary act of obtaining his blessing successfully proved that Rosilyn was only eleven years of
(pagmamano). The private complainant herself clarified age at the time she was sexually abused. As such, the
that the practice was an involuntary gesture to keep the absence of proof of any struggle, or for that matter of
public from getting wind of her sorry episode of defloration consent or passive submission to the sexual advances of
and to maintain her honor. accused-appellant, was of no moment. The fact that
accused-appellant had sexual congress with eleven year-old
Rosilyn is sufficient to hold him liable for statutory rape,
Anonimity of Victim and sentenced to suffer the penalty of reclusion perpetua.
Note: Republic Act No. 8353, the Anti-Rape
law of 1997 was enacted after 1996-the year the above acts
People v. Cabalquinto (2006)
were committed, hence, it does not apply in this case.
Pursuant to Republic Act No. 9262, otherwise known as the
“Anti-Violence Against Women and Their Children Act of
People v. Basquez, 366 SCRA 154 (2001)
2004” and its implementing rules, the real name of the
victim, together with the real names of her immediate
FACTS: Around 4:00 pm, Jiggle Jilt dela Cerna,
family members, is withheld and fictitious initials instead
six (6) years old, was on her way home from school, where
are used to represent her, both to protect her privacy.
she was a Grade 1 student. While casually walking,
Basquez, who was drinking outside a store along her way
blocked her way and pulled her by the belt of her dress.
Statutory Rape She was then dragged towards the direction of the houses
at the back of the school and was brought inside an
unoccupied dilapidated house. Upon reaching the said
People v. Jalosjos, 369 SCRA 179 (2001)
house, her hands, feet and body were tied with a tieback.
Jiggle struggled and cry. At this point, her attacker
FACTS: The victim 11 year-old, Maria Rosilyn undressed himself, untied Jiggle, had her lie down and put
Delantar, grew up under the care of Simplicio Delantar, himself on top of her. Basquez’ hands then started groping
whom she treated as her own father. Simplicio was a 56 all over her young and fragile body and forced himself
year-old homosexual whose ostensible source of income inside her. Jiggle, despite the excruciating pain, kicked
was selling longganiza and tocino and accepting boarders at appellant repeatedly in an effort to free herself from him.
his house. On the side, he was also engaged in the skin Basquez, however, continued forcing his penis inside her
trade as a pimp. At a very young age of 5, Rosilyn was vagina. An hour after when the Basquez left Jiggle with her
exposed by Simplicio to his illicit activities. She and her body still tied. With her school bag just beside her, Jiggle
brother would tag along with Simplicio whenever he mustered enough courage and strength to take a pair of
delivered prostitutes to his clients. When she turned 9, scissors from it and cut the remaining tiebacks tied at her
Rosilyn was offered by Simplicio as a prostitute to an body. The following day, Jiggle, traumatized by the
Arabian national known as Mr. Hammond. Thus begun her assault and rape committed by the appellant, refused to go
ordeal as one of the girls sold by Simplicio for sexual to school for fear of seeing the Basquez again. She later
favors. Simplicio brought Rosilyn to Congressman Jalosjos narrated her horrifying experience to her grandmother
condominium unit at Ritz Towers on several occassions. Segundina dela Cerna with whom she was living.
There, Cong. Jalosjos would kiss, caress and fondle said HELD: Although there had been no complete
Rosilyn's face, lips, neck, breasts, vagina; suck her nipples penetration of the victim's vagina by appellant's penis,
and insert his finger and then his tongue into her vagina, contact between them was not ruled out by the doctor who
and other similar lascivious conduct. On two occasions, testified in this case. In fact, he found the victim's vagina
Jalosjos placed himself on top of Rosilyn and inserted his positive for spermatozoa. Existing rulings on rape do not
sexual organ into her vagina. On said occassions, Cong. require complete or full penetration of the victim's private

100
organ. Neither is the rupture of the hymen necessary. The asleep on the lap of her friend, Ibañez. At around 3:00 in
mere introduction of the penis into the labia majora of the the morning, Norielene woke up and found that she was
victim's genitalia engenders the crime of rape. 40 Hence, it being carried by the three (3) accused towards the
is the "touching" or "entry" of the penis into the labia bedroom of accused Bernadas. Since she still felt dizzy,
majora or the labia minora of the pudendum of the victim's Norielene fell fast asleep in the room. She later woke up
genitalia that consummates rape. 41 Penile invasion when accused Bernadas was removing her shorts and
necessarily entails contact with the labia. Even the briefest panties. Norielene tried to shout for help but her mouth
of contacts, without laceration of the hymen, is deemed to was covered by Bernadas. When she was already naked,
be rape. accused Bernadas placed himself on top of her, inserted his
sex organ into her private parts and performed pumping
People v. Dalisay, 408 SCRA 375 (2003) motions. Both hands of the victim were held by the accused
Plurad and Cañedo. After Bernadas finished raping her,
FACTS: Lanie was lying in bed when her Plurad took his turn and had sexual intercourse with
father, the appellant arrived from work. Suddenly Norielene while fondling her breasts. Norielene struggled
appellant removed Lanie’s pants and underwear. Lanie to free herself but Bernadas held her hands while Plurad
resisted but appellant boxed her on her thigh. Appellant covered her mouth with a handkerchief When Plurad was
touched her daughters vagina and licked it. Thereafter, through, Cañedo also had sexual intercourse with her while
while in a kneeling position, he placed his penis at the Bernadas and Plurad held her hands.
entrance of Lanie's vagina and inserted his private organ
into hers. He then proceeded to make push and pull HELD: In cases of multiple rape, each of the
movements. Lanie felt pain but she did not complain defendants is responsible not only for the rape committed
because she was afraid. The following day, Lanie went to by him but also for those committed by the others. Plurad,
school and pretended as if nothing happened. However, her therefore, is responsible not only for the rape committed
Grade V teacher noticed that Lanie looked depressed that personally by him but also for the two other counts of rape
day. When she inquired, Lanie answered that she was committed by his co-accused.
raped by her father. Appellant had sexually abused Lanie
since she was in grade III. She estimated that her father Rape may be commited by a woman
had raped her seventeen (17) times, although she could no
longer remember the exact dates when they took place. People v. dela Torre, 419 SCRA 18 (2004)
Incidentally, Lanie's sister, Luz, also filed a complaint for
acts of lasciviousness against appellant. Appellant contends FACTS: Appellant-spouses Butchoy and Fe de la
that since Lanie's hymen is intact and that there was no Torre were convicted by the RTC of 9 counts of rape
spermatozoa in her genitalia, he could not have committed committed against their maid Baby Jane Dagot, who was
the crime. then only 16 years old.
Baby Jane and the appellant-spouses were asleep on
HELD: The appellant is guilty of statury rape. The the floor of the same bedroom when appellant Fe de la
presence of either hymenal laceration or spermatozoa on Torre woke Baby Jane and her husband Butchoy. Baby Jane
Lanie's private part is not an essential element of rape. The was surprised to see that Fe was holding a lighted kerosene
court cited the cases of; People vs. Parcia, where it was lamp and a scythe. Fe ordered her husband to transfer and
held that the absence of sperm does not disprove the lie beside Baby Jane. As appellant Butchoy did not comply,
charge of rape; People vs. Regala, where was ruled that an Fe herself transferred so that Baby Jane was between her
intact hymen does not necessarily prove absence of sexual and Butchoy. Fe put down the scythe and the lamp and
intercourse; and People vs. Rafales, where it was declared proceeded to take Butchoy's clothes off and then Baby
that, ". . .. For rape to be committed, entrance of the male Jane's. Butchoy offered no resistance but Baby Jane
organ within the labia or pudendum of the female organ is objected and cried to no avail. Fe then ordered Butchoy to
sufficient. Rupture of the hymen or laceration of the vagina have sex with Baby Jane. Baby Jane, fearful of the spouses
are not essential. Entry to the least extent of the labia or and the dawning realization of what would happen to her,
the lips of the female organ is sufficient, the victim could not ward off his advances. Butchoy placed himself on
remaining virgin does not negate rape." top of Baby Jane, inserted his penis into her vagina and did
As testified to by Lanie, "the tip" of appellant's a push and pull motion. Baby Jane felt pain. All the while,
penis was inserted into her vagina, as a result of which Fe was standing beside them, holding the lamp and the
she felt pain. In other words, there was no full penetration, scythe. After the sexual intercourse, Butchoy kissed her on
and this explains why her hymen remained intact. the neck and fondled her breasts. Baby Jane found it
Nonetheless, carnal knowledge was consummated by the revolting but could not do much to refuse him, as she was
entry of "the tip" of appellant's private organ into the labia afraid of Fe. When Butchoy was finished, he threw her
or pudendum of Lanie's genitalia. It is well-settled that full clothes to her and got dressed. Baby Jane immediately put
penetration is not required to consummate carnal on her clothes. She wanted to leave the room but Fe
knowledge, as proof of entrance showing the slightest prevented her from doing so. The following morning, Baby
penetration of the male organ within the labia or Jane saw that there was blood on her panty. The rape was
pudendum of the female organ is sufficient. repeated once a week from the second week of September
1992 on to the fourth week of October 1992. Baby Jane had
Liability of Several Accused in Multiple Rape her menarche in the month of November 1992 and was
spared from the appellants' abuse that month. However she
People v. Plurad, 393 SCRA 306 (2002) was again raped in the second week of December. This was
to be the last. Baby Jane testified that the subsequent rape
FACTS: An hour and a half past midnight, after incidents were carried out in the same manner as the first.
Norielene consumed half a glass of gin handed to her by She felt pain during the first and second rapes, but did not
accused Bernadas, she began to feel dizzy. Norielene fell feel pain anymore in the succeeding rape incidents.

101
HELD: An accused may be considered a principal found Ordinario guilty of rape by sexual assault on twelve
by direct participation, by inducement, or by indispensable (12) counts.
cooperation. This is true in a charge of rape against a
woman, provided of course a man is charged together with People v. Soriano, 388 SCRA 140 (2002)
her. In two cases the Court convicted the woman as a
principal by direct participation since it was proven that FACTS: On four occasions, the Camilo Soriano
she held down the complainant in order to help her co- forced his penis into her daughter Maricel’s vagina, On
accused spouse consummate the offense. In People v. twelve other occasions, the accused inserted his finger into
Villamala, the Court found the husband and wife guilty for her daughters private organ. The victim was then 11 years
raping their neighbor and "kumare" in this factual setting, old.
viz: the wife visited the victim at her home on the pretext
of inquiring as to the whereabouts of her husband. Once HELD: The Court found Camilo guilty of 4 counts
inside, she whistled for her husband and he immediately of rape by sexual intercourse and 12 counts of rape through
appeared at the doorstep. The wife then suddenly pinned sexual assault. Inserting a finger inside the genital of a
her "kumare" to the floor. The husband forcefully removed woman is rape through sexual assault within the context of
the victim's skirt and panties, removed his shorts, placed paragraph 2 of Article 266-A of the RPC. (Emphasis
himself on top of the victim and consummated the rape. In supplied)
the more recent People v. Saba, the accused married
couple victimized a fourteen (14) year-old epileptic who People v. Fetalino (2007)
stayed at their home for treatment by the wife who was a
reputed healer. On the pretext of conducting a healing
session, the wife ordered the victim to lie down on the The insertion of one’s finger into the genital or anal
floor then pinned the victim's hands to the floor and orifice of another person constitutes rape by sexual assault
covered her mouth while her husband removed his pants and not merely an act of lasciviousness
and briefs and the victim's panties and raped the young
girl. These two cases show not only the possibility but the Delay in Reporting Rape
reality of rape committed by a woman together with a
man. The Court affirmed the decision of the RTC. People v. Arnaiz (2006)
Rape through sexual assault Neither does AAA’s failure to tell her mother about the
incident nor her long delay in reporting the matter to the
Ordinario v. People, 428 SCRA 773 (2004) authorities negate rape. As correctly observed by the OSG,
the delay in reporting the rape incident does not weaken
the case for the prosecution. It is not uncommon for a
FACTS: Jayson Ramos and accused Geronimo young girl to conceal assaults on her virtue, especially
Ordinario were student and teacher, respectively, at when the rapist is living with her. In fact, we have
Nicanor Garcia Elementary School during the time the previously ruled in People v. Coloma, that even a delay of 8
crime was perpetrated. Jayson was then in Grade 4 and years is not a sign of fabrication.
accused was his teacher in Boy Scout. After being
summoned by accused at the Boy Scout headquarters,
Jayson was ordered to strip off which the latter complied
unwary of the perverse intentions of accused. Accused Absence of Medical Findings
then approached Jayson and started kissing him all over his
body including his male organ. Thereafter, accused
inserted his private part into the mouth of Jayson but the People v. Teodoro (2006)
latter could not hold on for long as he felt vomiting
prompting accused to remove his penis and ordered Jayson Thus, the contention of appellant that there were no
to dress up. Before they parted ways, accused told Jayson lacerations in the vagina does not merit any consideration.
'pag nagsumbong ka sa mga magulang mo, may masamang In that regard, it has been held that the medical
mangyayari sa iyo.' Interpreting the same to mean an examination of the victim is merely corroborative in
immediate bodily harm, Jayson kept mum on the incident character and is not an element of rape. Likewise, a
for fear of accused reprisal. The same sexual molestation freshly broken hymen is not an essential element of rape
recurred, and several more thereafter until Jayson had and healed lacerations do not negate rape.
mustered enough courtage to inform his parents about the
incident.
HELD: The definition of the crime of rape has Sweetheart defense

been expanded with the enactment of Republic Act No.
8353, otherwise also known as the Anti-Rape Law of 1997, People v. Bautista, 430 SCRA 469 (2004)
to include not only "rape by sexual intercourse" but now
likewise "rape by sexual assault. "An act of sexual assault FACTS: On the pretext that he had
under the second paragraph of Article 266-A of the RPC can been sent by his wife to fetch the victim, a 15-year-old girl
be committed by any person who, under the circumstances for an field trip, Baustista, brought the latter to a motel,
mentioned in the first paragraph of the law, inserts his where he had sexual intercourse with her against her will.
penis into the mouth or anal orifice, or any instrument or Contending that he and the victim were lovers, appellant
object into the genital or anal orifice, of another person. claims that what transpired was consensual, though illicit,
The law, unlike rape under the first paragraph of said sexual intercourse.
Article 266-A of the Code, has not made any distinction on
the sex of either the offender or the victim. The court

102
HELD: Bautista’s sweetheart defense aunt josephine’s house, Emelina was invited to a dance
was rejected by the court for lack of corroboration. As an party. Emelina accepted the invitation and she went to the
affirmative defense, it must be established with convincing party, accompanied by her aunt. Josephine then left
evidence — by some documentary and/or other evidence Emelina at the party, telling her that she had to go home
like mementos, love letters, notes, pictures and the like. In but she would return later to fetch her. When the party
this case, the only thing he proffered to prove that he and ended Josephine still had not returned. Emelina decided to
the victim were lovers was his self-serving statement, go home alone. On her way to her aunt’s house, Emelina
which she and her mother categorically denied. Even if he was accosted by Gerry Lining and Lian Salvacion, both of
and the victim were really sweethearts, such a fact would whom were known to her since they were her former
not necessarily establish consent. It has been consistently neighbors. Lining poked a kitchen knife at Emelina’s breast
ruled that "a love affair does not justify rape, for the and the two held her hands. Emelina was dragged towards
beloved cannot be sexually violated against her will." The the ricefield and was forcibly carried to an unoccupied
fact that a woman voluntarily goes out on a date with her house. Inside the house, Lining removed Emelina’s t-shirt,
lover does not give him unbridled license to have sex with pants and undergarments. She was pushed to the floor and
her against her will. The court cited the case of People v. while Salvacion was holding her hands and kissing her,
Dreu, where it was held that "A sweetheart cannot be Lining inserted his penis inside her vagina. Emelina
forced to have sex against her will. Definitely, a man shouted and tried to ward off her attackers, but to no
cannot demand sexual gratification from a fiancee and, avail. After Lining had satisfied his lust, he held Emelina’s
worse, employ violence upon her on the pretext of love. hands and kissed her while Salvacion in turn inserted his
Love is not a license for lust." penis inside her vagina. Thereafter, the two directed
Emelina to put on her clothes. Emelina saw an opportunity
to escape, and she returned to her aunt’s house. i However,
Moral Character of Victim because of fear, as the accused threatened her that she
would be killed if she would reveal what they did to her,
People v. Agsaoay, 430 SCRA 450 (2004) she did not tell her aunt what transpired. She next went to
the house of her friend Evelyn Saguid where he told Gerry
Selda, a friend of her father, who saw her crying about the
FACTS: Josephine and her sister were sleeping on
rape incident. Accused Salvacion remained at large while
the second floor of their house, while the other members
Lining was convicted by the trial as principal of the
of the family were at the ground floor. Their mother left
complex crime of forcible abduction with rape.
their house early and went to the field to uproot palay
seedlings. Josephine was awakened when her father
HELD: Lining could only be convicted for the
suddenly kissed her lips. Instinctively, she pushed him away
crime of rape, instead of the complex crime of forcible
but to no avail. He threatened to kill her and her entire
abduction with rape. Indeed, it would appear from the
family should she report the matter to her mother.
records that the main objective of the accused when the
Josephine was so terrified and was not able to shout and
victim was taken to the house of Mila Salvacion was to rape
resist. Her father then undressed her, spread her legs, held
her. Hence, forcible abduction is absorbed in the crime of
her hands, and inserted his penis into her vagina and made
rape.
a push and pull movement. Josephine felt pain. Josephine
did not tell her mother, about the incident because of her
father's threat. It was only the following day that she
revealed to her mother what had happened. Her mother
was shocked but scared to report the matter immediately
to the authorities because in the past, accused killed her
brother. Accused ravished Josephine for the second time. Bar Questions
At first, her mother again refused to report the incident to Criminal Liabilities; Rape; Homicide & Theft (1998)
the police. Later, however, her mother finally went to the King went to the house of Laura who was alone. Laura
PNP to report the incident. Now, the defense endeavors to offered him a drink and after consuming three bottles of
prove that Josephine is an unchaste young woman who beer. King made advances to her and with force and
habitually goes out with different men. violence, ravished her. Then King killed Laura and took her
jewelry. Doming, King's adopted brother, learned about the
HELD: The debasement of Josephine’s character incident. He went to Laura's house, hid her body, cleaned
does not necessarily cast doubt on her credibility, nor does everything and washed the bloodstains inside the room.
it negate the existence of rape. It is a well-established rule Later, King gave Jose, his legitimate brother, one piece of
that in the prosecution and conviction of an accused for jewelry belonging to Laura. Jose knew that the jewelry was
rape, the victim's moral character is immaterial, there taken from Laura but nonetheless he sold it for P2,000.
being absolutely no nexus between it and the odious deed What crime or crimes did King, Doming and Jose commit?
committed. Even a prostitute or a woman of loose morals Discuss their criminal liabilities. [10%]
can be the victim of rape, for she can still refuse a man's SUGGESTED ANSWER:
lustful advances.
King committed the composite crime of Rape with homicide
as a single indivisible offense, not a complex crime, and
Theft. The taking of Laura's jewelry when she is already
Forcible abduction absorbed in rape dead is only theft.
Rape (1995)
People v. Lining, 384 SCRA 427 (2002) Gavino boxed his wife Alma for refusing to sleep with him.
He then violently threw her on the floor and forced her to
FACTS: Emelina, then fifteen (15) years old, have sexual intercourse with him. As a result Alma suffered
requested permission from her parents to visit her aunt serious physical injuries.
where she was supposed to spend the night. While in her (a) Can Gavino be charged with rape? Explain.

103
(b) Can Gavino be charged with serious physical injuries? woman by a man even if none of the circumstances required
Explain in rape be present; and 3.] committing an act of sexual
(c) Will your answers to (a) and (b) be the same if before assault by inserting a person's penis into the victim's mouth
the incident Gavino and Alma were legally separated? or anal orifice, or by inserting any instrument or object, into
Explain. the genital or anal orifice of another person.
SUGGESTED ANSWER: Rape; Anti-Rape Law of 1997 (2002)
(a) No. A husband cannot be charged with the rape of his The Anti-Rape Law of 1997 reclassified rape from a crime
wife because of the matrimonial consent which she gave against honor, a private offense, to that of a crime against
when she assumed the marriage relation, and the law will persons. Will the subsequent marriage of the offender and
not permit her to retract in order to charge her husband with the offended party extinguish the criminal action or the
the offense (Sate vs. Haines, 11 La. Ann. 731 So. 372; 441 penalty imposed? Explain. (2%)
RA 837). SUGGESTED ANSWER:
(b) Yes, he may be guilty of serious physical injuries. This Yes. By express provision of Article 266-C of the Revised
offense is specially mentioned in Art. 263 [4], paragraph 2 Penal Code, as amended, the subsequent valid marriage
which imposes a higher penalty for the crime of physical between the offender and offended party shall extinguish
injuries in cases where the offense shall have been the criminal action or the penalty imposed, although rape
committed against any of the persons enumerated in Art 246 has been reclassified from a crime against chastity, to that of
(the crime of parricide). a crime against persons.
(c) No, my answer will not be the same. If Gavino, and Rape; Consented Abduction (2002)
Alma were legally separated at the time of the incident, then A with lewd designs, took a 13-year old girl to a nipa hut in
Gavino could be held liable for rape. A legal separation is a his farm and there had sexual intercourse with her. The girl
separation of the spouses from bed and board (U.S. vs. did not offer any resistance because she was infatuated with
Johnson, 27 Phil. 477, cited in II Reyes, RFC, p. 853. 1981 the man, who was good-looking and belonged to a rich and
edition), prominent family in the town. What crime, if any, was
In the crime of rape, any crime resulting from the infliction committed by A? Why? (2%)
of physical injuries suffered by the victim on the occasion of SUGGESTED ANSWER:
the rape, is absorbed by the crime of rape. The injuries A committed the crime of consented abduction under
suffered by the victim may, however, be considered in Article 343 of the Revised Penal Code, as amended. The said
determining the proper penalty which shall be imposed on Article punishes the abduction of a virgin over 12 and under
the offender. Serious physical injuries cannot be absorbed in 18 years of age, carried out with her consent and with lewd
rape; it can be so if the injury is slight. designs. Although the problem did not indicate the victim to
Rape; Absence of Force & Intimidation (1995) be virgin, virginity should not be understood in its material
Three policemen conducting routine surveillance of a cogonal sense, as to exclude a virtuous woman of good reputation,
area in Antipole chanced upon Ruben, a 15-year old tricycle since the essence of the crime is not the injury to the
driver, on top of Rowena who was known to be a child woman but the outrage and alarm to her family (Valdepenas
prostitute. Both were naked from the waist down and vs. People,16 SCRA 871 [1966]).
appeared to be enjoying the sexual activity. Ruben was ALTERNATIVE ANSWER:
arrested by the policemen despite his protestations that A committed "Child Abuse" under Rep. Act No. 7610. As
Rowena enticed him to have sex with her in advance defined in said law, "child abuse" includes sexual abuse or
celebration of her twelfth birthday. The town physician found any act which debases, degrades or demeans the intrinsic
no semen nor any bleeding on Rowena's hymen but for a worth and dignity of a child as a human being, whose age is
healed scar. Her hymenal opening easily admitted two below eighteen (18) years.
fingers showing that no external force had been employed Rape; Effect; Affidavit of Desistance (1993)
on her. Is Ruben liable for any offense? Discuss fully. 1 Ariel intimidated Rachel, a mental retardate, with a bolo
Answer; into having sexual Intercourse with him. Rachel's mother
SUGGESTED ANSWER: immediately filed a complaint, supported by her sworn
Ruben is liable for rape, even if force or intimidation is not statement, before the City Prosecutor's Office. After the
present. The gravamen of the offense is the carnal necessary preliminary investigation, an information was
knowledge of a woman below twelve years of age (People signed by the prosecutor but did not contain the signature of
vs. Dela Cruz, 56 SCRA 84) since the law doesn't consider Rachel nor of her mother. Citing Art. 344 of the RPC
the consent voluntary and presumes that a girl below twelve (prosecution of the crimes of rape, etc.), Ariel moves for the
years old does not and cannot have a will of her own. In dismissal of the case. Resolve with reasons.
People us. Perez, CA 37 OG 1762, it was held that sexual 2 After the prosecution had rested its case, Ariel presented a
intercourse with a prostitute below twelve years old is rape. sworn affidavit of desistance executed by Rachel and her
Similarly, the absence of spermatozoa does not disprove the mother stating that they are no longer interested in
consummation as the important consideration is not the prosecuting the case and that they have pardoned Ariel.
emission but the penetration of the female body by the male What effect would this affidavit of desistance have on the
organ (People vs. Jose 37 SCRA 450; People vs. Carandang. criminal and civil aspects of the case? Explain fully.
52 SCRA 259). SUGGESTED ANSWER:
Rape; Anti-Rape Law of 1997 (2002) 1) The case should not be dismissed. ... 2) The affidavit of
What other acts are considered rape under the Anti-Rape desistance will only amount to the condonation of civil
Law of 1997, amending the Revised Penal Code? (3%) liability but not criminal liability hence the case should still
SUGGESTED ANSWER: proceed.
The other acts considered rape under the Anti-Rape Law of Rape; Male Victim (2002)
1997 are: 1.] having carnal knowledge of a woman by a man A, a male, takes B, another male, to a motel and there,
by means of fraudulent machination or grave abuse of through threat and intimidation, succeeds in inserting his
authority, 2.] having carnal knowledge of a demented penis into the anus of B. What, if any, is A’s criminal liability?

104
Why? than 12 years old, she is legally incapable of giving a valid
SUGGESTED ANSWER: consent to the sexual Intercourse. The sexual intercourse is
A shall be criminally liable for rape by committing an act of tantamount to a statutory rape because the level of
sexual assault against B, by inserting his penis into the anus intelligence is that of a child less than twelve years of age.
of the latter. Even a man may be a victim of rape by sexual Where the victim of rape is a mental retardate, violence or
assault under par. 2 of Article 266-A of the Revised Penal Intimidation is not essential to constitute rape. (People us.
Code, as amended, "when the offender's penis is inserted Trimor, G,R. 106541-42, 31 Mar 95) As a matter of fact, RA
into his mouth or anal orifice." No. 7659, the Heinous Crimes Law, amended Art. 335, RPC,
Rape; Multiple Rapes; Forcible Abduction (2000) by adding the phrase "or is demented."
Flordeluna boarded a taxi on her way home to Quezon City
which was driven by Roger, Flordeluna noticed that Roger
was always placing his car freshener in front of the car
aircon ventilation but did not bother asking Roger why.
Suddenly, Flordeluna felt dizzy and became unconscious.
Instead of bringing her to Quezon City, Roger brought
Flordeluna to his house in Cavite where she was detained for
two (2) weeks. She was raped for the entire duration of her
detention. May Roger be charged and convicted of the crime
of rape with serious illegal detention? Explain. (5%)
SUGGESTED ANSWER:
No, Roger may not be charged and convicted of the crime of
rape with serious illegal detention. Roger may be charged
and convicted of multiple rapes. Each rape is a distinct
offense and should be punished separately. Evidently, his
principal intention was to abuse Flordeluna; the detention
was only incidental to the rape.
ALTERNATIVE ANSWER:
No, Roger may not be charged and convicted of the crime of
rape with serious illegal detention, since the detention was
incurred in raping the victim during the days she was held.
At most, Roger may be prosecuted for forcible abduction for
taking Flordeluna to Cavite against the latter's will and with
lewd designs. The forcible abduction should be complexed
with one of the multiple rapes committed, and the other
rapes should be prosecuted and punished separately, in as
many rapes were charged and proved.
Rape; Proper Party (1993)
Ariel intimidated Rachel, a mental retardate, with a bolo into
having sexual Intercourse with him. Rachel's mother
immediately filed a complaint, supported by her sworn
statement, before the City Prosecutor's Office. After the
necessary preliminary investigation, an information was
signed by the prosecutor but did not contain the signature of
Rachel nor of her mother. Citing Art. 344 of the RPC
(prosecution of the crimes of rape, etc.), Ariel moves for the
dismissal of the case. Resolve with reasons.
SUGGESTED ANSWER:
The case should not be dismissed. This is allowed by law
(People us. Ilarde, 125 SCRA 11). It is enough that a
Criminal Law Bar Examination Q & A (1994-2006) complaint
was filed by the offended party or the parents in the Fiscal's
Office.
Rape; Statutory Rape; Mental Retardate Victim
(1996)
The complainant, an eighteen-year old mental retardate with
an intellectual capacity between the ages of nine and twelve
years, when asked during the trial how she felt when she
was raped by the accused, replied "Masarap, it gave me
much pleasure." With the claim of the accused that the
complainant consented for a fee to the sexual intercourse,
and with the foregoing answer of the complainant, would
you convict the accused of rape if you were the judge trying
the case?
Explain.
SUGGESTED ANSWER:
Yes, I would convict the accused of rape. Since the victim is
a mental retardate with an intellectual capacity of a child less

105
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Title Eight Crimes Against Persons: Article 246. Parricide

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Title Eight Crimes Against Persons: Article 246. Parricide

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Title Eight  GENERAL RULE: only relatives by blood and

CRIMES AGAINST PERSONS in the direct line are considered in parricide.

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

HELD: A tumultuous affray takes place when a

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

HELD: Dado is guilty of the crime of illegal 1. There is a pregnant woman;

C2005 Criminal Law 2 Reviewer

 Unintentional abortion is committed

People vs. Salufrania  The penalties provided for

Elements:  It is not necessary that the

C2005 Criminal Law 2 Reviewer

Article 263. Serious physical injuries

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

 When there is no evidence of actual

C2005 Criminal Law 2 Reviewer

The penalties imposed shall vary depending on the

C2005 Criminal Law 2 Reviewer

a. By using force or intimidation; Article 266-B. Penalties

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A 55-year old man lured a 6-year old to his bedroom by

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

HELD: The definition of the crime of rape has Sweetheart defense

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

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