CRIMINAL LAW 2

RAPE
MURDER Rape, When and How It Is Committed
Murder. Any person who, not falling within the provisions of Article 246 shall kill - Rape is committed by a man who shall have carnal knowledge of a
another, shall be guilty of murder and shall be punished by reclusion perpetua to woman under any of the circumstances mentioned under article 266-A par 1
death and by any person under any of the circumstances under article 266-A par. 2 of
Elements: the revised penal code:
1. That a person was killed. Elements of Rape under par. 1
2. That the killing was attended by any of the qualifying circumstances 1. That the offender who must be a man had carnal knowledge of a
below stated. woman.
3. The killing is not parricide or infanticide. 2. That such act is accomplished under any of the following
Qualifying circumstances: circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed a. Through force, threat or intimidation;
men, or employing means to weaken the defense or of means or persons to b. When the offended party is deprived of reason or is
insure or afford impunity. otherwise unconscious;
2. In consideration of a price, reward, or promise. c. By means of fraudulent machination or grave abuse of
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a authority;
vessel, derailment or assault upon a street car or locomotive, fall of an airship, by d. When the offended party is under twelve (12) years of age
means of motor vehicles, or with the use of any other means involving great or is demented, even though none of the circumstances mentioned
waste and ruin. above be present.
4. On occasion of any of the calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or Elements of Rape under par. 2
other public calamity. Rape is also committed by any person who, under any of the circumstances
5. With evident premeditation. mentioned in paragraph 1 hereof shall commit an act of sexual assault by
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the 1. inserting his penis into another person’s mouth or anal orifice;
victim, or outraging or scoffing at his person or corpse. (As amended by RA 7659) 2. Inserting any instrument or object, into the genital or anal orifice of
Penalty for Murder- reclusion perpetua to death another person. (RA 8353, October 22, 1997)

HOMICIDE
Effect of Pardon
Homicide. Any person who, not falling within the provisions of Article 246, shall
- The subsequent valid marriage between the offender and the
kill another without the attendance of any of the circumstances enumerated in
offended party shall extinguish the criminal action or the penalty imposed.
the next preceding article, shall be deemed guilty of homicide and be punished
In case it is the legal husband who is the offender, the subsequent
by reclusion temporal.
forgiveness by the wife as the offended party shall extinguish the criminal action
Elements:
or the penalty: Provided, that the crime shall not be extinguished or the penalty
1. That a person was killed.
shall not be abated if the marriage be void ab initio. (RA 8353)
2. That the Killing must be unlawful or not justified.
3. That the accused had the intention to kill, which is presumed..
ROBBERY
4. The killing was not attended by any of the qualifying circumstances of
Who are guilty of robbery
murder or by that of parricide or infanticide.
— Any person who, with intent to gain, shall take any personal
property belonging to another, by means of violence or intimidation of any
Penalty for Homicide-reclusion perpetua
person, or using force upon anything shall be guilty of robbery.
PARRICIDE Two Kinds of robbery:
Parricide. Any person who shall kill his father, mother, or child, whether 1. By means of violence against or intimidation of person
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, 2. By using force upon things.
shall be guilty of parricide Elements of Robbery by means of violence against or intimidation of persons
Elements: 1. The offender took personal property of another;
1. That a person was killed: 2. That such taking is with intent to gain;
2. That the victim is her/his: 3. That the taking is by means of violence against or intimidation of
a. father persons.
b. mother
c. child whether legitimate .illegitimate PENALTIES
d. spouse who is legally married Any person guilty of robbery with the use of violence against or intimidation of
e. ascendants any person shall suffer:
f. descendant 1. The penalty of reclusion perpetua to death, when by reason or on occasion of
the robbery, the crime of homicide shall have been committed or when the
INFANTICIDE robbery shall have been accompanied by rape or intentional mutilation or arson.
Infanticide. Any person who shall kill any child less than three days of age. 2. The penalty of reclusion temporal in its medium period to reclusion perpetua
Elements: when, or if by reason or on occasion of such robbery, any of the physical injuries
1. Offender is any person; penalized in subdivision 1 of Article 263 shall have been inflicted.
2. Offender kills a child 3. The penalty of reclusion temporal, when by reason or on occasion of the
3. Child is less than 3 days old robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.
PHYSICAL INJURIES 4. The penalty of prision mayor in its maximum period to reclusion temporal in its
1. Mutilation medium period, if the violence or intimidation employed in the commission of
2. Serious Physical Injuries the robbery shall have been carried to a degree clearly unnecessary for the
3. Less Serious Physical Injuries commission of the crime, or when in the course of its execution, the offender
4. Slight Physical Injuries
shall have inflicted upon any person not responsible for its commission any of the 6. Arresto mayor in its minimum and medium periods, if such value does not
physical injuries covered by sub-divisions 3 and 4 of said Article 263. exceed 5 pesos.
5. The penalty of prisioncorreccional in its maximum period to prision mayor in 7. Arrestomenor or a fine not exceeding 200 pesos, if the theft is committed
its medium period in other cases. (As amended by RA 7659) under the circumstances enumerated in paragraph 3 of the next preceding article
Section Two. — Robbery by the use of force upon things and the value of the thing stolen does not exceed 5 pesos. If such value exceeds
said amount, the provision of any of the five preceding subdivisions shall be
Elements of Robbery by using force upon things: made applicable.
1. The offenders took personal property of another. 8. Arrestomenor in its minimum period or a fine not exceeding 50 pesos, when
2. The taking of such property is with intent to gain. the value of the thing stolen is not over 5 pesos, and the offender shall have
3. The offender took such property by entering the house, public or acted under the impulse of hunger, poverty, or the difficulty of earning a
private building or any edifice devoted to religious worship following means: livelihood for the support of himself or his family
a Through an opening not intended for entrance or egress.
b. By breaking any wall, roof, or floor or breaking any door or window. Qualified theft
c. By using false keys, picklocks or similar tools. — There is qualified theft if it is committed by a domestic servant, or
d. By using any fictitious name or pretending the exercise of public with grave abuse of confidence, or if the property stolen is motor vehicle, mail
authority. matter or large cattle or consists of coconuts taken from the premises of the
Or if — plantation or fish taken from a fishpond or fishery, or if property is taken on the
The robbery be committed under any of the following circumstances: occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
e. By the breaking of doors, wardrobes, chests, or any other kind of vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71.
locked or sealed furniture or receptacle; May 1, 1980).
f. By taking such furniture or objects to be broken or forced open
outside the place of the robbery. CARNAPPING ( RA 6539)
Carnapping
THEFT - the taking with intent to gain of a motor vehicle belonging to
Who are liable for theft another without the latter’s consent or by means of violence against or
— Theft is committed by any person who, with intent to gain but intimidation of persons, or by using force upon things.
without violence against or intimidation of persons nor force upon things, shall Motor vehicle-any vehicle propelled by any power other than mascular power
take personal property of another without the latter's consent. using the public highway, but excepting road rollers, trolley cars, street-
Elements: sweepers, sprinklers, lawn- mowers, bulldozers, graders, fork-lifts, amphibian
1. Offender took personal property of another; trucks, and cranes if not used in public highways, vehicles, which run only on rails
2. That the taking of such property is with intent to gain; or tracks, and tractors, trailers and traction engine of all kinds used exclusively for
3. That the taking is without the consent of the owner; agricultural purposes. Trailers having any number of wheels , when propelled or
4. That the taking is without violence or intimidation. intended to be propelled or intended to be propelled by attachment to a motor
vehicle , shall be classified as separate motor vehicle with no power rating.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to Prohibited Acts under Anti-Carnapping Law
the local authorities or to its owner; 1. Defacing/Tampering (This act is absolutely prohibited)
2. Any person who, after having maliciously damaged the property of another, 2. Body building
shall remove or make use of the fruits or object of the damage caused by him; 3. Remodelling
and 4. Dismantling
3. Any person who shall enter an enclosed estate or a field where trespass is 5. Overhauling.
forbidden or which belongs to another and without the consent of its owner,
shall hunt or fish upon the same or shall gather cereals, or other forest or farm The above-cited acts are violation of the Anti-Carnapping Law if the
products. offender failed to comply with the rules provided in the Land
Transportation Office .
PENALTIES
— Any person guilty of theft shall be punished by: THEFT OF A MOTOR VEHICLE
1. The penalty of prision mayor in its minimum and medium periods, if the value
of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, Four- wheeled vehicle and Motorcycle are both motor vehicle as
but if the value of the thing stolen exceeds the latter amount the penalty shall be defined by the law. Thus, taking of a motorcycle with intent to gain
the maximum period of the one prescribed in this paragraph, and one year for and without the consent of the owner or by means of violence
each additional ten thousand pesos, but the total of the penalty which may be against or intimidation of person or using force upon thing is
imposed shall not exceed twenty years. In such cases, and in connection with the considered carnapping and not merely theft.
accessory penalties which may be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed prision mayor or reclusion ESTAFA ( Swindling) Art. 315
temporal, as the case may be.
2. The penalty of prisioncorreccional in its medium and maximum periods, if the Any person who shall defraud another by any of the
value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 following means shall be guilty of Swindling (Estafa);
pesos.
3. The penalty of prisioncorreccional in its minimum and medium periods, if the 1. With unfaithfulness or abuse of confidence namely:
value of the property stolen is more than 200 pesos but does not exceed 6,000 a. By altering the substance, quality or quantity of anything of
pesos. value, which the offender shall deliver by virtue of an obligation
4. Arresto mayor in its medium period to prisioncorreccional in its minimum to do so, even though such obligation is based on an immoral or
period, if the value of the property stolen is over 50 pesos but does not exceed illegal consideration.
200 pesos.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not b. By misappropriating or converting to the prejudice of another,
exceed 50 pesos. money, goods or any other personal property received by the
 offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery Seduction is committed when the offender has carnal knowledge of any of the
of or to return the same, even though such obligation be totally persons and under the circumstances described herein.
or partially guaranteed by a bond; or by denying having received Qualified seduction. — There is qualified seduction if the victim is a a virgin over
such money, goods or other property; twelve years and under eighteen years of age, committed by any person in public
authority, priest, home-servant, domestic, guardian, teacher, or any person who,
c. By taking advantage of the signature of the offended party in in any capacity, shall be entrusted with the education or custody of the woman
blank, and by writing any document above such signature in seduced,
blank to the prejudice of the offended party or any third person. Simple seduction. — There is simple seduction if the victim is a woman who is
single or a widow of good reputation, over twelve but under eighteen years of
2. By means of any of the following false pretenses or fraudulent acts age,
executed prior to or simultaneously with the commission of the fraud: Give illustrative cases
a. By using a fictitious name or falsely pretending to posses power,
influence, qualifications, property, credit, agency, business or ABDUCTION
imaginary transactions; or by means of other similar deceits. Forcible abduction. — The abduction of any woman against her will and with
b. By altering the quality, fineness or weight of anything pertaining lewd designs shall be punished by reclusion temporal.
to his art or business. Consented abduction. — The abduction of a virgin over twelve years and under
c. By pretending to have bribed any government employee without eighteen years of age, carried out with her consent and with lewd designs, shall
prejudice to the action for calumny, which the offended party be punished by the penalty of prisioncorreccional in its minimum and medium
may deem proper to bring against the offender. periods.
d. By postdating a check or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his KIDNAPPING, SERIOUS ILLEGAL DETENTION, SLIGHT ILLEGAL DETENTION,
funds deposited therein were not sufficient to cover the amount UNLAWFUL ARREST.
of the check. The failure of the drawer of the check to deposit Kidnapping and Serious Illegal Detention.
the amount necessary to cover his check within three (3) days — Any private individual who shall kidnap or detain another, or in any
from receipt of notice from the bank and/or the payee or holder other manner deprive him of his liberty, shall suffer the penalty of reclusion
of said check has been dishonored for lack or insufficiency of perpetua to death:
funds shall be prima facie evidence of deceit constituting false 1. If the kidnapping or detention shall have lasted more than five days.
pretense or fraudulent act. 2. If it shall have been committed simulating public authority.
e. By obtaining any food, refreshment or accommodation at a 3. If any serious physical injuries shall have been inflicted upon the person
hotel, inn, restaurant, boarding house, lodging house, or kidnapped or detained; or if threats to kill him shall have been made.
apartment house and the like without paying therefor, with 4. If the person kidnapped or detained shall be a minor, female or a public officer.
intent to defraud the proprietor or manager thereof, or by The penalty shall be death where the kidnapping or detention was committed for
obtaining a credit at a hotel, inn, restaurant, boarding house, the purpose of extorting ransom from the victim or any other person, even if
lodging house or apartment house by the use of any pretense, or none of the circumstances above-mentioned were present in the commission of
by abandoning or surreptitiously removing any part of his the offense.
baggage from a hotel, inn, restaurant, boarding house, lodging When the victim is killed or dies as a consequence of the detention or is raped, or
house or apartment house after obtaining credit, food, is subjected to torture or dehumanizing acts, the maximum penalty shall be
refreshment or accommodation therein, without paying for his imposed. (As amended by RA 7659)
food, refreshment or accommodation.
Slight illegal detention.
3. Through any of the following fraudulent means: — The penalty of reclusion temporal shall be imposed upon any
a. By inducing another, by means of deceit, to sign any document. private individual who shall commit the crimes described in the next preceding
b. By resorting to some fraudulent practice to insure success in a article without the attendance of any of circumstances enumerated therein.
gambling game. The same penalty shall be incurred by anyone who shall furnish the place for the
c. By removing, concealing or destroying, in whole or in part any perpetration of the crime.
court record, office files, document or any other papers. If the offender shall voluntarily release the person so kidnapped or detained
within three days from the commencement of the detention, without having
THREAT ( Art 282) attained the purpose intended, and before the institution of criminal proceedings
Grave threats against him, the penalty shall be prision mayor in its minimum and medium
-any person who shall threaten another with the infliction upon the periods and a fine not exceeding seven hundred pesos.
person, honor or property of the latter or of his family of any wrong amounting
to a crime. ACTS OF LASCIVIOUSNESS
Light threat (art.283)- A threat to commit a wrong not constituting a crime. Acts of lasciviousness.
— Any person who shall commit any act of lasciviousness upon other
LIBEL persons of either sex, under any of the circumstances mentioned in crime of
Libel rape, shall be punished by prisioncorreccional.
— A libel is public and malicious imputation of a crime, or of a vice or Elements:
defect, real or imaginary, or any act, omission, condition, status, or circumstance 1. Offender is any person
tending to cause the dishonor, discredit, or contempt of a natural or juridical 2. Such person commits acts of lasciviousness upon other person of
person, or to blacken the memory of one who is dead. either sex.

Slander by deed
— any person who shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or contempt upon another person. QUASI-OFFENSES:
Elements:
SEDUCTION and ABDUCTION
 1. Offender is not committing any intentional felony nor has the
intention to commit a felony;
2. The offender acted with negligence or imprudence.

Examples:
1. Reckless imprudence resulting in Homicide.
2. Reckless imprudence resulting in Parricide.
3. Reckless imprudence resulting in Infanticide.
4. Reckless imprudence resulting in Physical Injury.
5. Reckless imprudence resulting in damage to property.
6. Simple negligence resulting in Slight Physical injury.

COMPLEX CRIME is also applicable to quasi=-offenses.

1. Reckless imprudence resulting to Homicide, Physical injury

TRESSPASS TO DWELLING VS VIOLATION OF DOMICILE.

VIOLATION OF DOMICILE- if the offense was committed by a public officer or