Crim Finals

PARRICIDE (ART246) Offender and offended related by blood Age is 3 days old or above

INFANTICIDE (ART255) Offender and offended not necessarily related by blood AGE of infant: 72 hrs/ 3days

MURDER (ART248) With qualified aggravating circumstance Premeditated intent to kill

HOMICIDE (ART249) Without qualified aggravating circumstance of murder Intent: “spur of the moment”

Intentional abortion (ART256) Pregnancy is known Violence exerted upon a pregnant woman Offender intended to abort

Unintentional abortion (ART257) Pregnancy is unknown Violence exerted upon a pregnant woman Offender no intent to abort

If intent to kill is present, but victim did not die: Parricide ART246 Attempted / Frustrated Infanticide ART255 Attempted / Frustrated Murder ART248 Attempted / Frustrated Homicide ART249 Attempted / Frustrated Death in tumultuous affray Attempted / Frustrated SPI (263) serious Victim is incapacitated for more 10-30 days Victim becomes insane, impotent, blind; loses the 5 senses; deformed

LSPI (265) less Victim is incapacitated for 10 days Victim is insulted or offended; there is ignominy; needs medical assistance

ELEMENT CRIME

RAPE

VICTIM AGE CONSENT

Woman only 12 y/o up w/o consent

Arbitrary detention

KSID (ART267)

(ART124)

Detention w/o legal ground

Deprivation of liberty

Sexual Assault Woman / Man 12 y/o up w/o consent Grave Coercion (286) Forcible taking of a person w/o lock-up

SPIM (266) slight Victim is incapacitated for 1-9 days Victim not prevented to work; may require medical assistance Statutory Rape Child Less than 12 y/o With or w/o consent Abduction (ART342) Forcible taking of a woman with lewd design

Arbitrary detention (ART124) Detention w/o legal ground Public officer

Slight Illegal Detention (ART268) Kidnapping or detention is illegal Private individual

Unlawful Arrest (ART269)

Grave threats (282) Threats amount to a crime

Light threats (283) Threats don’t amount to a crime

Other threats (285) Threats in jest; No crime

Grave Coercion (286) Compelling/ Preventing one, by means of VTI, from/to doing something not prohibited by law

Light Coercion (287) There is a C-D relationship bet. the offender and offended

Other Coercions (288) There is ER-EE rel. bet. the offender and offended, by compelling his laborers’ to buy merchandise from him

Robbery (293) There is VTI

Theft (308) No VTI

Estafa (315) There is deceit

Taking of property illegal from beginning Violation of Domicile (128)

Public officer Enters the dwelling

Taking of property illegal from beginning

Qualified Trespass to Dwelling (280)

Private person Enters the dwelling

Seduction It is committed by enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion

Abduction Taking away of a woman for the purpose of carrying her to another place with intent to marry or corrupt LIBEL (353) Words written Besmirched, discredit a person People read it

Taking of property legal from beginning

Trespass to Property (281)

Occupation of Real Property (312)

Any person

Any person

Enters fenced property

Qualified Seduction (337) 12 – 18 y/o OFD had sexual intercourse There is abuse of authority, confidence or relationship of OFR

Enters uninhabited place

Simple Seduction (338) 12 – 18 y/o OFD had sexual intercourse OFR of good reputation, single or widow

Forcible Abduction (342) Woman: regardless of age, civil status, or reputation;

Consented Abduction (343) Woman: 12 – 18 y/o; OFD is virgin

With lewd design

With lewd design

SLANDER (358) Words uttered Defamatory statement People heard it

SLANDER BY DEED Actions done IE. Slap on the face People saw it

Exploitation of a minor (278) Boy/girl under 16 y/o to perform dangerous acts; delivering, and inducing a child to leave his home

Corruption of minors (340) Shall promote prostitution or corruption of persons under age to satisfy the lust of another Mere proposal consummates the offense

to deliver to authorities Public or Private individual

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ART292.Revealing secrets with abuse of office ART293.Revealing industrial secrets Crimes against PROPERTY

Crimes against PERSONS

ART294.ROBBERY with violence or intimidation of persons ART295.ROBBERY with physical injuries committed in an uninhabited place, by a band, use of firearm

ART246.PARRICIDE ART247.Exceptional Circumstances ART248.MURDER ART249.HOMICIDE ART250.FRUSTRATED parricide, murder, or homicide

ART296.Definition of a band ART297.Attempted & frustrated robbery ART298.Execution of deeds by means of violence

ART251.Death caused in a tumultuous affray ART252.Physical injuries inflicted in a TA

ART299.ROBBERY in an INHABITED public place ART300.ROBBERY in an UNINHABITED place & by a band ART301.Definition of inhabited place ART302.ROBBERY in an uninhabited place / private bldng ART303.Robbery of cereals, fruits, or firewood UP/PB

ART253.Giving assistance to SUICIDE ART254.Discharge of FIREARMS ART255.INFANTICIDE ART256.Intentional abortion ART257.Unintentional abortion ART258.Abortion practiced by woman herself ART259.Abortion practiced by physician

ART304.Possession of PICKLOCKS ART305.False keys ART306.BRIGANDAGE ART307.Aiding and abetting a band of brigands ART308.THEFT ART309.Penalties ART310.Qualified theft ART311.Theft of a property of the Natl Lib / Meseum

ART260.DUEL ART261.Challenging to a duel ART262.MUTILATION ART263.Serious physical injuries ART264.Administering injurious substance/bevs ART265.LESS SERIOUS physical injuries ART266.SLIGHT physical injuries and maltreatment ART266-A. RAPE, Sexual Assault, Qualified Rape ART266-B. Penalties ART266-C. Effects of pardon ART266-D. Presumption Crimes against LIBERTY ART267. ART268.Kidnapping & Serious illegal detention (KSID) ART269.SLIGHT illegal detention ART270.Unlawful arrest ART271.Kidnapping and failure to return a minor ART272.Inducing a minor to abandon his home ART273.SLAVERY ART274.Exploitation of child labor ART275.Services rendered to pay debt Crimes against SECURITY ART276.ABANDONMENT of persons in danger ART277.Abandoning a minor ART278.Abandonment of minor by guardians/parents ART279.Exploitation of minors ART280.Additional penalties for offense ART281.TRESPASS TO DWELLING ART282.Other forms of trespass ART283.GRAVE THREATS ART284.LIGHT THREATS ART285.Bond for good behavior ART286.Other light threats ART287.Grave COERCIONS ART288.Light COERCIONS ART289.Other similar coercions ART290.Formation…prohibition of combination of capital and labor through violence/threats ART291.Discovering secrets through seizure of correspondence

ART312.Occupation of real property or usurpation of real rights in property ART313.Altering boundaries or landmarks RA 8353 RA 7610

ART314.Fraudulent insolvency ART315.SWINDLING ART316.Other forms of swindling ART317.Swindling a minor ART318.Other deceits ART319.Removal, sale or pledge of mortgaged property ART320.Destructive arson 320 – 326B ART321.Other forms of arson Repealed by PD 1613 ART322.Cases of arson not included in the preceding art BY RA 7659 ART323.Arson ofAMENDED property of small value ART324.Crimes involving destruction ART325.Burning one’s own property to commit arson ART326.Setting fire to property owned by offender ART236-A. Death resulted from arson ART236-B. Prima Facie evidence of arson ART327.Malicious mischief ART328.Special cases of malicious mischief ART329.Other mischiefs

ART330.Damage & obstruction to means of communication ART331.Destroying or damaging statues, pub monuments ART332.Persons exempt from criminal liability Crimes against CHASTITY ART333.ADULTERY ART334.CONCUBINAGE ART335.Rape (REPEALED by RA8353, now ART266A-D) ART336.Acts of lasciviousness ART337.Qualified seduction ART338.Simple seduction ART339.Acts of lasciviousness w/consent of offended party ART340.Corruption of minors ART341.White slavery trade ART342.Forcible abduction ART343.Consented abduction ART344.Prosecution of the crimes of adultery, etc

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ART345.Civil liability of persons guilty : against chastity ART346.Liability of ascendants, etc entrusted w/the custody Crimes against the CIVIL STATUS OF PERSONS ART347.Simulation of births ART348.Usurpation of civil status ART349.BIGAMY ART350.Marriage contracted against provisions of law ART351.Premature marriages ART352.Performance of illegal marriage ceremony Crimes against HONOR ART353.LIBEL ART354.Requirement for publicity ART355.Libel by means of writings or similar means ART356.Threatening to publish or prevent publication ART357.Prohibited pubs of acts referred to in the course of official proceedings ART358.SLANDER ART359.Slander by deed ART360.Persons responsible ART361.Proof of truth ART362.Libelous remarks ART363.Incriminating innocent person ART364.Intriguing against honor

ROBBERY – the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything. THEFT – any person who, with intent to gain but without VTI of persons nor force upon things, shall take property of another without the latter’s consent. MALICIOUS MISCHIEF – the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive. DWELLING – a place that a person inhabits or any building exclusively devoted for rest and comfort. SPECIAL COMPLEX CRIMES Rape with homicide Kidnapping with homicide Kidnapping with rape Kidnapping with physical injuries Kidnapping with ransom ART332 persons exempt from criminal liability  Spouses, ascendants, and descendants, relatives Theft Swindling Malicious mischief

Quasi-offenses ART365.Criminal negligence ART366.Imprudence and negligence DEFINITIONS PARRICIDE – it is committed between people who are related by blood. Relationship is an essential element. MURDER – is the unlawful killing of any person which is not parricide or infanticide, provided that Q.A.C such as treachery, reward, inundation, evident premeditation, and cruelty are present. HOMICIDE – is the unlawful killing of any person, which is neither parricide, murder, or homicide. INFANTICIDE – the killing of any child less than three days of age, whether the killer is the parent, any relative, or stranger. TUMULTUOUS AFFRAY – a commotion in a tumultuous and confused manner where four or more persons who used violence are unknown. MUTILATION – the lopping or the clipping off of some part of the body which is not susceptible to growth again. RAPE – the slightest penetration of the man’s penis to the vagina of the female, without her consent. Crime either consummated or attempted, NO frustrated. LOCK UP –confinement; the deprivation of liberty of a victim, wherein the victim may neither ask for help or be rescued. LEWD DESIGN – acts of lasciviousness such as kissing, fondling with the breasts, without the intent to penetrate or lie down with the woman.

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