Any person who shall kill his father, mother, or child, whether
It is the doctrine that a court, in construing an ambiguous
legitimate or illegitimate, or any of his ascendants, or descendants,
criminal statute that sets out multiple or inconsistent
or his spouse, shall be guilty of parricide and shall be punished by
punishments, should resolve the ambiguity in favor of the
the penalty of reclusion perpetua to death.
more lenient punishment.
Elements of Parricide:
1. That a person is killed
Crimes against Persons (20)
2. That the deceased is killed by the accused
HIMPAPAUID – GLASS – DC – MRD
3. That the deceased is the father, mother, or child, whether
1. Homicide (Article 249)
legitimate or illegitimate, or a legitimate other ascendant
2. Infanticide (Article 255)
or legitimate other descendant, or the legitimate spouse,
3. Murder (Article 248)
of the accused
4. Parricide (Article 246)
5. Abortion practiced by the woman herself or by her parents Essential element of Parricide:
(Article 258) o Relationship of the offender with the victim
6. Physical injuries inflicted in a tumultuous affray (Article 252)
Illegitimate:
7. Abortion practiced by a physician or midwife and dispensing of
o It embraces all children born out of wedlock.
abortives (Article 259)
8. Unintentional abortion (Article 257)
o Thus, (a) adulterine, (b) incestuous, and (c) sacrilegious
children are included under the term "illegitimate."
9. Intentional abortion (Article 256)
10. Death caused in a tumultuous affray (Article 251) Two (2) Situations:
13. Administering injurious substances or beverages (Article 264) o Yes, but Article 49 applies to proper penalty imposed
14. Serious physical injuries (Article 263) Article 49:
15. Slight physical injuries and maltreatment (Article 266) Penalty to be imposed upon the principals if the crime committed is
different from that intended (Error in Personae) (Article 4 (1))
16. Duel (Article 260)
1. If the penalty for the felony committed be higher than the
17. Challenging to a duel (Article 261)
penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its
18. Rape (Article 266-A)
maximum period
19. Mutilation (Article 262)
2. If the penalty for the felony committed be lower than the
20. Discharge of firearms (Article 254)
penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its
Remember:
maximum period
Alternative Circumstance of Relationship
3. If the act committed also constitutes an attempt or
Crimes against Persons
frustration of another crime, and the law prescribes a
1. If the crime against persons is homicide or murder:
higher penalty for either of the latter, the penalty for the
o Alternative circumstance of relationship is aggravating, attempted or frustrated crime shall be imposed in its
even if the offended party be a relative of a lower or higher maximum period
degree of the offender
2. If a person killed another, not knowing that the latter was his son,
2. If the crime against persons is any of the serious physical injuries:
will he be guilty of parricide?
o Alternative circumstance of relationship is aggravating,
o Yes, because the law does not require knowledge of
even if the offended party be a relative of a lower or higher
relationship between them
degree of the offender
Adopted father or adopted son, or father-in-law or son in- law:
3. If the crime against persons is less serious physical injuries or slight
physical injuries and maltreatment:
o Not considered for parricide
their aid or rely upon them when the crime is committed not be located on the bank of the river, the place indicated by
F. In consideration of a price, reward or promise: the witness, and there was a possibility that the victim might
have been borne away by the current and might have
Principal by Direct Participation:
survived, the fact of death is not sufficiently established
Person who received the price or reward
or who accepted a promise of price or If the victim is known and could not have survived, because
reward would not have killed the victim the evidence shows that his arms and legs had been tied with
were it not for that price, reward or a rope and thereafter he had been stuck on the head with a
promise piece of wood, before he was thrown into the sea, even if his
body was never found, the corpus delicti is established
Principal by Induction
Person who gave the price or reward or
Special Notes:
who made the promise
A. In homicide, the victim must be killed to consummate the
G. Treachery & premeditation = inherent in murder by poison.
crime. If the victim is not killed, it is either attempted or
H. Killing a person on the occasion of inundation, shipwreck,
frustrated homicide.
epidemic, etc., or any other public calamity, when taken
B. Penalty when the victim of homicide is below 12 years old:
advantage of by the offender, qualifies the crime to murder
Reclusion Perpetua
I. With cruelty:
C. Intent to kill is conclusively presumed when death resulted
There is cruelty when other injuries or wounds are
If death resulted, even if there is no intent to kill,
inflicted deliberately by the offender, which are not
the crime is homicide, not merely physical injuries
necessary for the killing of the victim. The victim
D. In attempted or frustrated homicide, the offender must
must be alive when the other injuries or wounds
have the intent to kill the victim.
are inflicted.
If no intent to kill, offender is liable for physical
There is no cruelty, when the offender in inflicting
injuries only
several other wounds on the victim has only a
decided purpose to kill him.
Intent to kill must be proved beyond reasonable
Special Note:
A. Any person who shall attempt on, or conspire against, the
doubt
life of the Chief Executive of the Republic of the Philippines,
E. Usually, the intent to kill is shown by the kind of weapon
that of any member of his family, or against the life of any
used by the offender and the parts of the victim's body at
member of his cabinet or that of any member of the latter's
which the weapon was aimed, as shown by the wounds
family, shall suffer the penalty of death.
inflicted.
F. Refusal of the deceased to be operated on does not relieve
the offender of the criminal liability for his death.
Article 251 - Death caused in a tumultuous affray
G. No offense of frustrated homicide through imprudence
H. If mortal wound was inflicted, but the victim did not die: o When, while several persons, not composing groups
organized for the common purpose of assaulting and
Frustrated Homicide or Murder
attacking each other reciprocally, quarrel and assault each
If mortal wound was inflicted, and the victim died: other in a confused and tumultuous manner, and in the
Consummated Homicide or Murder course of the affray someone is killed, and it cannot be
I. Use of unlicensed firearm is an aggravating circumstance in ascertained who actually killed the deceased, but the person
the crime of homicide or murder, as the case may be. or persons who inflicted serious physical injuries can be
a. Use of the unlicensed firearm is not considered as a identified, such person or persons shall be punished by
the consummated felony shall be imposed upon 1. Person or persons who inflicted the serious physical injuries
the principal in a frustrated felony, upon the person of the victim are liable
2. If it is not known who inflicted the serious physical injuries on
In effect, Courts may impose a penalty the deceased, all the persons who used violence upon the
two (2) degrees lower for frustrated
person of the victim are liable, but with lesser liability
parricide, murder or homicide.
o The courts, considering the facts of the case, may likewise It is the intention of the Legislature to provide a penalty one (1) degree
reduce by one degree the penalty which under Article 51 lower for crimes committed during a tumultuous affray.
should be imposed for an attempt to commit any of such
crimes. Special Notes:
A. Tumultuous affray exists when at least 4 persons took part
Because Article 51 provides that the penalty lower
B. No crime of death in a tumultuous affray if the quarrel is
by two (2) degrees than that prescribed by law for
between two (2) well-known or identified groups.
the consummated felony should be imposed upon
a. Because, there could be no confusion in the
the principals in an attempted felony,
aggression or the defense. The aggressors could
i. In effect, Courts may impose a penalty
have helped one another to inflict upon the
three (3) degrees lower for attempted
deceased the fatal blow.
parricide, murder or homicide.
C. If there was confusion in the fight and the person who
inflicted the wounds could not be identified, the crime is
death caused in a tumultuous affray.
D. Person killed in the course of the affray need not be one of F. It being the intention of the Legislature to provide a penalty
the participants in the affray one (1) degree lower for crimes committed during a
E. If the one who inflicted the fatal wound is known, the crime tumultuous affray, and considering that the penalty for slight
is not death in tumultuous affray. It is homicide under Article physical injuries under Article 266 is at most arresto menor,
249 against the one who inflicted the fatal wound. and the penalty one degree lower from arresto menor is
F. Those who used violence upon the person of the victim are public censure (Article 71), it is believed that in providing the
liable for death caused in a tumultuous affray only "if it penalty of arresto mayor from 5 to 15 days for physical injuries
cannot be determined who inflicted the serious physical of a less serious nature in a tumultuous affray, the Legislature
injuries on the deceased." intended to exclude slight physical injuries.
G. In death caused in a tumultuous affray, the penalty is one
degree lower than that provided for homicide.
Article 253 - Giving assistance to suicide
o Any person who shall assist another to commit suicide shall
Article 252 - Physical injuries inflicted in a tumultuous affray suffer the penalty of prision mayor
o When in a tumultuous affray as referred to in Article 251, only o If such person lends his assistance to another to the extent of
serious physical injuries are inflicted upon the participants doing the killing himself, he shall suffer the penalty of
thereof and the person responsible thereof cannot be reclusion temporal
identified, all those who appear to have used violence upon o If the suicide is not consummated, the penalty of arresto
the person of the offended party shall suffer the penalty mayor in its medium and maximum periods, shall be
next lower in degree than that provided for the physical imposed upon the person giving assistance to suicide
injuries so inflicted
o When the physical injuries inflicted are of a less serious Acts punishable as giving assistance to suicide:
nature and the person responsible therefor cannot be 1. By assisting another to commit suicide, whether the suicide is
identified, all those who appear to have used any violence consummated or not
upon the person of the offended party shall be punished by 2. By lending his assistance to another to commit suicide to the
arresto mayor from 5 to 15 days extent of doing the killing himself
Remember:
Elements of Physical injuries inflicted in a tumultuous affray:
Article 4 (1) - Criminal liability shall be incurred:
1. There is a tumultuous affray as referred to in Article 251
2. That a participant or some participants thereof suffer serious o By any person committing a felony, although the wrongful
physical injuries or physical injuries of a less serious nature only act done be different from that which he intended
poison, but instead of dying, the foetus in her womb was expelled B. If the firearm is not discharged at a person, there is no crime
o No. In order to incur criminal liability for the result not C. Discharge towards the house of victim is not illegal discharge
3. A, in attempting a suicide, jumped out of the window to kill himself, between offender and victim.
but when he dropped to the ground he fell on an old woman who died H. If in the illegal discharge of firearm the offended party is hit
Special Notes: If the foetus survives in spite of the attempt to kill it or the use of
A. Concealing the dishonor is not an element of infanticide; it violence, abortion is not consummated.
merely mitigates the liability of the mother or maternal o If abortion is intended and the foetus does not die, it is
grandparents who committed the crime. frustrated intentional abortion when all the acts of execution
Only the mother and maternal grandparents of have been performed by the offender.
the child less than 3 days old are entitled to the o If abortion is not intended and the foetus does not die, in
mitigating circumstance of concealing the spite of the violence intentionally exerted, the crime may be
B. Delinquent mother must be of good reputation and good o No frustrated unintentional abortion, in view of
morals, in order that concealing dishonor may mitigate her the lack of intention to cause an abortion
liability.
Persons liable for intentional abortion:
C. Stranger cooperating with the mother in killing a child less
o The person who intentionally caused the abortion is liable
than 3 days old is guilty of infanticide also but the penalty is
under Article 256.
that for murder.
o The woman is liable under Article 258, if she consented to the
D. No crime of infanticide is committed where the child was
abortion caused on her.
born dead, or although born alive, it could not sustain an
independent life when it was killed.
o If she did not consent to the abortion caused on
her, she is not liable.
A foetus about 6 months old cannot subsist by
itself, outside the maternal womb.
Situation: Article 258
Article 256, No. 3 provides for the least penalty "if the woman shall Abortion practiced by the woman herself of by her parents
have consented" to the act causing the abortion. o Penalty of prision correccional in its medium and maximum
Is that provision applicable if the act which caused the abortion was by periods shall be imposed upon a woman who shall practice
using violence and the woman consented to the abortion? abortion upon herself or shall consent that any other person
o The provision must be construed in relation to that in No. 2 of should do so
Article 256, because the absence of consent of the woman is o Any woman who shall commit this offense to conceal her
mentioned in connection with a case where the offender dishonor, shall suffer the penalty of prision correccional in its
acted "without using violence." minimum and medium periods
o If this crime be committed by the parents of the pregnant
Special Notes: woman or either of them, and they act with the consent of
A. As long as the foetus dies as a result of the violence used or said woman for the purpose of concealing her dishonor, the
the drugs administered, the crime of abortion exists, even if offenders shall suffer the penalty of prision correccional in its
the foetus is full term. medium and maximum periods
B. If the foetus (1) could sustain an independent life, after its
separation from the maternal womb, and it (2) is killed, the Elements of Abortion practiced by the woman herself of by her parents:
crime is infanticide. 1. A pregnant woman has suffered an abortion
2. That the abortion is intended
3. That the abortion is caused by:
Article 257 - Unintentional Abortion 1. The pregnant woman herself
Penalty of prision correccional in its minimum and medium periods 2. Any other person, with her consent
shall be imposed upon any person who shall cause an abortion by 3. Any of her parents, with her consent for the
violence, but unintentionally. purpose of concealing her dishonor
Elements of Unintentional Abortion: Note that the pregnant woman is liable under Article 258 either:
1. That there is a pregnant woman 1. When she shall practice an abortion upon herself, or
2. That violence is used upon such pregnant woman without 2. When she shall consent that any person should do so
o Where a man points a gun at a pregnant woman, at the same with her consent is liable under Article 256,
time telling her that he will kill her, and because of the fright Intentional Abortion.
she absorbs, she suffers an abortion, the offender is guilty of 2. Abortion by the woman upon herself to conceal her dishonor
threats only. 3. Abortion by any of the parents of the woman with the latter's
consent to conceal her dishonor
Special Notes: o If the purpose of the parents of the woman was
A. Violence must be intentionally exerted not to conceal her dishonor, the case does not fall
B. There is a crime of unintentional abortion through reckless under Article 258, but under Article 256.
imprudence.
C. Accused is liable for abortion even if he did not know that the Special Notes:
woman was pregnant, under Article 4(1) A. Liability of pregnant woman is mitigated if purpose is to
D. There are complex crimes of: conceal dishonor
1. Homicide with unintentional abortion B. No mitigation for parents of pregnant woman even if the
2. Parricide with unintentional abortion purpose is to conceal dishonor
E. No intent to cause abortion, no violence — Article 256 or
Article 257 does not apply — no abortion of any kind.
Article 259 Special Notes:
Abortion practiced by a physician or midwife and dispensing of abortives A. Penalties provided for intentional abortion (Article 256)
o The penalties provided in Article 256 shall be imposed in its shall be imposed in the maximum period upon the
maximum period, respectively, upon any physician or physician or midwife (Article 259)
midwife who, taking advantage of their scientific knowledge B. As to the pharmacist, what is punished is the dispensing of
or skill, shall cause an abortion or assist in causing the same. abortive without the proper prescription from a physician.
o Any pharmacist who, without the proper prescription from a The act constituting the offense is dispensing
physician, shall dispense any abortive shall suffer arresto abortive without proper prescription from a
mayor and a fine not exceeding 1,000 pesos. physician.
It is not necessary that the abortive be actually used
ElementsofAbortionpracticedbyaphysicianormidwife&dispensingofabortives: C. If the pharmacist knew that the abortive would be used to
1. A pregnant woman has suffered an abortion cause an abortion and abortion resulted from the use
2. Abortion is intended thereof, the pharmacist would be an accomplice in the
3. Offender, who must be a physician or midwife, causes or crime of abortion.
assists in causing the abortion
4. Said physician or midwife takes advantage of his or her
scientific knowledge or skill Article 260 - Responsibility of participants in a duel
3. The offender dispenses any abortive shall suffer the penalty provided therefor, according to
their nature
Republic Act No. 4729, approved on June 18, 1966, regulates the sale, o In any other case, the combatants shall suffer the penalty
dispensation, and/or distribution of contraceptive drugs and devices. of arresto mayor, although no physical injuries have been
Section 1: inflicted
o It shall be unlawful for any person, partnership, or o Seconds shall in all events be punished as accomplices
corporation, to sell, dispense or otherwise distribute
whether for or without consideration, any contraceptive Duel:
drug or device, unless such sale, dispensation or o It is a formal or regular combat previously concerted
distribution is by a duly licensed drug store or between two (2) parties in the presence of two (2) or more
pharmaceutical company and with the prescription of a seconds of lawful age on each side, who make the selection
qualified medical practitioner of arms and fix all the other conditions of the fight.
Section 2:
Acts punished in duel:
o Contraceptive drug:
1. By killing one's adversary in a duel
Any medicine, drug, chemical, or potion which is used
2. By inflicting upon such adversary physical injuries
exclusively for the purpose of preventing fertilization of
3. By making a combat although no physical injuries have
the female ovum
been inflicted
o Contraceptive device:
Who are liable in a duel?
Any instrument, device, material, or agent introduced into
1. Person who killed or inflicted physical injuries upon his
the female reproductive system for the primary purpose of
adversary, or both combatants in any other case, as
preventing conception
principals
Section 3:
2. Seconds, as accomplices
o Any person, partnership, or corporation, violating the
provisions of this Act shall be punished with a fine of not In duel, when there is an agreement to fight to the death, the Code
more than five hundred pesos or an imprisonment of not disregards the intent to kill in considering the penalty for duel when
less than six (6) months or more than one (1) year or both only physical injuries are inflicted upon the adversary.
in the discretion of the Court.
Special Notes:
A. If death results, penalty for duel is the same as that for
homicide – Reclusion Temporal
B. General principle is that when there is intent to kill, the
inflicting of physical injuries is either attempted or
frustrated homicide.
C. If no physical injuries are inflicted in a duel, the penalty to
be imposed upon the combatants is arresto mayor.
D. If a person inflicted upon his adversary in a duel physical Elements of 1st Kind of Mutilation (Castration):
injuries only, he shall suffer the penalty provided therefor, 1. That there be a castration, i.e. mutilation of organs
according to their nature. necessary for generation, such as the penis or ovarium.
E. If only slight physical injuries are inflicted in a duel, the 2. That the mutilation is caused purposely and deliberately,
penalty must only be arresto menor. that is, to deprive the offended party of some essential
organ for reproduction
How is the crime of serious physical injuries committed? o It means inability to copulate and sterility.
1. By wounding
Under R.A. 7610, if the victim of serious physical injuries is a minor
2. By beating
below 12 years old, the penalty is Reclusion Perpetua.
3. By assaulting
4. By administering injurious substance Blindness and loss of an eye:
o Under paragraph 1, the blindness must be of 2 eyes
o Under paragraph 2, note the loss of an eye only
Paragraph 2: Injured person loses the use of speech or power to hear Loss of outer ear as deformity:
or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or loses o Loss of the outer ears will necessarily cause deformity,
the use of any such member, or becomes incapacitated for the work in under paragraph 3
which he was theretofore habitually engaged o Loss of power to hear of both ears as a result of the loss of
both outer ears, under paragraph 2
Loss of power to hear:
o It must be loss of power to hear of both ears.
o Loss of power to hear of right ear only is loss of use of
other part of body, under paragraph 3, because the
o If there is loss of power to hear of one ear only, it is serious
offended party may still hear thru his left ear
physical injuries under paragraph 3
o Loss of the lobule of the ear is deformity, under paragraph 3.
Loss of use of hand or incapacity for usual work must be permanent:
Illness as a consequence of physical injuries inflicted
o Prosecution must prove by clear and conclusive evidence
o There is illness for a certain period of time, when the wound
that the offended party actually cannot make use of his
inflicted did not heal within that period.
hand and that such impairment is permanent
Article 264 - Administering injurious substances or beverages Matters to be noted in the crime of less serious physical injuries:
The penalties established by Article 263 shall be applicable in the 1. Offended party is incapacitated for labor for 10 days or
respective case to any person who, without intent to kill, shall inflict more, but not more than 30 days, or needs medical
upon another any serious physical injury, by knowingly administering attendance for the same period of time.
to him any injurious substance or beverages or by taking advantage 2. Physical injuries must not be those described in the
of his weakness of mind or credulity. preceding articles.
his weakness of mind or credulity There are circumstances adding ignominy to the
3. That he had no intent to kill offense
2. A higher penalty is imposed when the victim is either:
Administering injurious substance or beverage means introducing
Offender's parents, ascendants, guardians,
into the body of a person the substance.
curators or teachers
o Infliction of injuries by throwing mordant chemicals or
Persons of rank or persons in authority, provided
poisons on the face or upon the body – not Article 264
the crime is not direct assault
Article 264 - Administering injurious substances or beverages does
Special Notes:
not apply if only less serious or slight physical injuries are inflicted.
A. If the incapacity is more than 30 days or the illness lasts for
o Article 265 or Article 266 applies
more than 30 days, it is a serious physical injury under
paragraph 4 of Article 263.
Special Notes:
B. Although the wound required medical attendance for only 2
A. If the offender had any intent to kill, the crime would be
days; yet if the injured party was prevented from attending
frustrated murder, the injurious substance to be
to his ordinary labor for 29 days, the physical injuries are
considered as poison, under paragraph 3 of Article 248
denominated less serious.
B. If the accused did not know of the injurious nature of the
C. Crime is less serious physical injuries even if there was no
substances he administered – not liable under Article 264
incapacity, but the medical treatment was for 13 days.
C. Weakness of mind or credulity may take place in the case of
D. It is only slight physical injury when there is no proof of
witchcraft, philters, magnetism, etc.
medical attendance or incapacity for labor.
E. If the injuries, without medical attendance, were healed after
2 months, (more than 30 days) – serious physical injuries
(because of incapacity for labor for more than 30 days)
Article 266 – Slight physical injuries and maltreatment 2. Sexual violence
The crime of slight physical injuries shall be punished: o Act which is sexual in nature, committed against
1. By arresto menor when the offender has inflicted physical a woman or her child:
injuries which shall incapacitate the offended party for 1. Rape, sexual harassment, acts of
labor from 1 to 9 days, or shall require medical attendance lasciviousness, treating a woman or her
from 1 to 9 days child as a sex object, making demeaning
2. By arresto menor or a fine not exceeding 200 pesos and and sexually suggestive remarks,
censure when the offender has caused physical injuries physically attacking the sexual parts of
which do not prevent the offended party from engaging in the victim's body, forcing her/him to
his habitual work nor require medical assistance watch obscene publications and indecent
3. By arresto menor in its minimum period or a fine not shows or forcing the woman or her child
exceeding 50 pesos when the offender shall ill-treat to do indecent acts and/or make films
another by deed without causing any injury thereof, forcing the wife and
mistress/lover to live in the conjugal
3 kinds of slight physical injuries: home or sleep together in the same
1. Physical injuries which incapacitated the offended party for room with the abuser
labor from one (1) to nine (9) days, or required medical 2. Acts causing or attempting to cause the
attendance during the same period victim to engage in any sexual activity by
2. Physical injuries which did not prevent the offended party force, threat of force, physical or other
from engaging in his habitual work or which did not harm or threat of physical or other harm
require medical attendance or coercion
Contusion on the face or black eye produced by 3. Prostituting the woman or child
fistic blow.
3. Psychological violence
3. Ill-treatment of another by deed without causing any injury
o Act or omission causing or likely to cause mental
Any physical violence which does not produce
or emotional suffering of the victim:
injury, such as slapping the face of the offended
1. Intimidation, harassment, stalking, damage to
party, without causing a dishonor
property, public humiliation, repeated verbal
abuse and mental infidelity
Special Notes:
2. Causing or allowing the victim to witness
A. A physical injury which incapacitates the offended party
the physical, sexual or psychological
from working for 9 days and some hours without
abuse of a member of the family to which
amounting to 10 days, is a slight physical injury.
the victim belongs
B. In the absence of proof as to the period of the offended
3. Causing or allowing the victim to witness
party's incapacity for labor or of the required medical
pornography in any form or to witness
attendance, the crime committed is slight physical injuries.
abusive injury to pets or to unlawful or
C. Where the charge contained in the original information was
unwanted deprivation of the right to custody
for slight physical injuries, but when the preliminary
and/or visitation of common children
investigation was conducted, the wound would heal after
30 days, the act can still be the subject of amendment or of 4. Economic abuse
a new charge without necessarily placing the accused in o Act that makes or attempts to make a woman
double jeopardy. financially dependent:
D. Regional Trial Court has no jurisdiction to sentence on 1. Withdrawal of financial support or
appeal for a crime over which municipal court had no preventing the victim from engaging in
jurisdiction. any legitimate profession, occupation,
business or activity, except wherein the
other spouse/partner objects on valid,
Republic Act No. 9262 serious and moral grounds as defined in
Article 73 of the Family Code
Anti-Violence Act Against Women and Their Children
2. Deprivation or threat of deprivation of
Act of 2004
financial resources and the right to the use
and enjoyment of the conjugal, community or
Violence against women and their children includes the following acts:
property owned in common
1. Physical Violence
3. Destroying household property
o Act that includes bodily or physical harm 4. Controlling the victims' own money or
properties or solely controlling the
conjugal money or properties
Acts of Violence Against Women and Their Children: Special Note:
1. Causing physical harm to the woman or her child A. Section 26, R.A. 9262:
2. Threatening to cause the woman or her child physical harm Victim-survivors who are found by the courts to be
3. Attempting to cause the woman or her child physical harm suffering from battered women syndrome do not incur
4. Placing the woman or her child in fear of imminent physical harm criminal and civil liability notwithstanding the absence of
5. Attempting to compel or compelling the woman or her child any of the elements for justifying circumstances of self-
to engage in conduct which the woman or her child has the defense under the Revised Penal Code.
right to desist from or desist from conduct which the
woman or her child has the right to engage in, or attempting Article 266 – A
to restrict or restricting the woman's or her child's freedom Rape, When and How Committed
of movement or conduct by force or threat of force, physical Rape is committed:
or other harm or threat of physical or other harm, or 1. By a man who shall have carnal knowledge of a woman
intimidation directed against the woman or child. under any of the following circumstances:
This shall include, but not limited to the following: 1. Thru force, threat, or intimidation
1. Threatening to deprive or actually depriving the 2. Offended party is deprived of reason or is
woman or her child of custody to her/his family unconscious
2. Depriving or threatening to deprive the woman 3. Thru fraudulent machination or grave abuse of
or her children of financial support legally due authority
her or her family, or deliberately providing the 4. Offended party is below 12 years old or demented,
woman's children insufficient financial support even if none of the circumstances above are
3. Depriving or threatening to deprive the woman present
or her child of a legal right 2. By any person who inserts his penis into another’s mouth
4. Preventing the woman in engaging in any or anal orifice, or any instrument or object, into the genital
legitimate profession, occupation, business or or anal orifice of another, under any of the circumstances
activity or controlling the victim's own money or mentioned in paragraph 1
properties, or solely controlling the conjugal or
common money, or properties Article 266 – B
6. Inflicting or threatening to inflict physical harm on oneself Penalties
for the purpose of controlling her actions or decisions
Rape under Paragraph 1 of Article 266 – A:
7. Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute o Shall be punished by Reclusion Perpetua
rape, by force or threat of force, physical harm, or through Rape under Paragraph 1 of Article 266 – A committed thru use of a
intimidation directed against the woman or her child or deadly weapon or by 2 or more persons:
her/his immediate family
o Shall be punished by Reclusion Perpetua to Death
8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes Victim becomes insane because of Rape under Par. 1 of Art. 266 – A:
substantial emotional or psychological distress to the o Shall be punished by Reclusion Perpetua to Death
woman or her child. Victim died & Attempted Rape under Paragraph 1 of Article 266 – A:
This shall include, but not be limited to, the following acts:
o Shall be punished by Reclusion Perpetua to Death
1. Stalking or following the woman or her child in
public or private places Victim died & Rape under Paragraph 1 of Article 266 – A:
element of physical force or intimidation. A. Rape may be proved by the uncorroborated testimony of
influence over the girl, it is not necessary that she Where the testimony coming from the offended
puts up a determined resistance. party is firm, categorical and straightforward,
o A verbal refusal alone will not do. her clothing, including the most intimate
garments, soiled and smudged, ripped and torn,
o When the accused girl stated that she defended herself
which are mute witnesses of the futile resistance
against the accused as long as she could, but he
she put up, the accused should be convicted on
overpowered her and held her till her strength gave out,
the basis of her testimony.
and then accomplished his vicious purpose, there is
B. There is no crime of frustrated rape.
evidence of sufficient force.
C. There is a crime of attempted rape:
o Force need not be irresistible. It is enough that the force
1. Grazing of the surface of the female organ or
used is sufficient to consummate the culprit's purpose of
touching the mons pubis of the pudendum,
copulating with the offended woman.
without touching the labia majoris
o Indeed, the law does not impose upon a rape victim the
2. When the accused after raising the dress of the
burden of proving resistance.
woman then asleep and placing himself on top of
her, and when the woman was awakened the
Degree of intimidation necessary to constitute Rape:
accused threatened her with a knife, but because
o It is enough that it produces fear — fear that if the victim
of her continued shouting and offering of
does not yield to the bestial demands of the accused,
resistance, a neighbor came to her rescue
something would happen to her at the moment or
D. Even if the woman, when she woke up, made no resistance,
thereafter, as when she is threatened with death if she
at least the labia of her organ was already penetrated.
reports the incident.
Hence, Rape was already consummated when she woke up.
o Intimidation includes the moral kind such as the fear caused
E. Character of the offended woman is immaterial in rape.
by threatening the girl with a knife or pistol.
Fact that the offended party may have been of an
o Moral Ascendancy or Influence, held to substitute for the
unchaste character or a prostitute constitutes no
element of physical force or intimidation.
defense in a charge of rape.
o When the offender in rape has an ascendancy or F. In Multiple rape by two (2) or more offenders:
influence over the girl, it is not necessary that she
Each of the 2 should suffer two sentences.
puts up a determined resistance.
Each of the 4 defendants who raped the victim,
having conspired with the others to rape her, was
Offended party deprived of reason or otherwise unconscious:
held liable for 4 crimes of rape.
o Woman or offended party has no will
G. There is a Special Complex Crime of Rape with Homicide.
o Sexual intercourse with an insane or idiotic woman was
If the victim was already at the threshold of death
considered rape
when she was rape – not a special complex crime of
o Deprivation of reason contemplated by law does not
Rape with Homicide, because homicide is committed
need to be complete. Mental abnormality or deficiency
not by reason or on the occasion of the rape.
is sufficient.
It may be regarded either as a form of
o Carnal act while the offended party was asleep is rape.
ignominy causing disgrace or as a form
o Carnal act while the offended party was in lethargy
of cruelty, it being unnecessary to the
produced by sickness is rape.
commission thereof
Indemnity in Rape: Article 266 – D
The award of civil indemnity is not only a reaction to the Presumptions
apathetic societal perception of the penal law and the The following may be accepted as evidence in the prosecution of
financial fluctuations overtime, but also an expression of Rape under Article 266 – A:
the displeasure of the Court over the incidence of heinous 1. Any physical overt act manifesting resistance in any degree
crimes against chastity. from the offended party against the act of rape
2. Offended party is rendered incapable of giving a valid
Damages in Rape:
consent
Moral damages may be awarded to the victim in such
amount as the court deems just without the necessity for
Evidence which may be accepted in the prosecution of rape:
pleading or proof of mental or physical suffering provided
1. Any physical overt act manifesting resistance against the
in Article 2217 of the Civil Code other than the fact of the
act of rape in any degree from the offended party
commission of the offense.
2. Where the offended party is so situated as to render
Exemplary damages may be awarded in criminal cases as him/her incapable of giving consent
part of the civil liability if the crime was committed with 1 or
more aggravating circumstances.
Exemplary damages have been awarded in rape cases
committed by fathers against their daughters to deter
other fathers with pervert or aberrant sexual behavior from
sexually abusing their daughters.
Article 266 – C
Effect of Pardon
Special Note:
A. It is only in crimes against chastity that pardon/forgiveness
by the offended party shall bar the prosecution of the
offense committed, i.e., seduction, abduction, acts of
lasciviousness.