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2. In consideration
promise.
of
price,
reward,
or
him
without
Corpus Delicti
It means that a crime was actually perpetrated and
does not refer to the body of the murdered person
(People v. Taruc, et. al., G.R. No. L-18308, April 30,
1966).
any
Accidental Homicide
It is the death of a person brought about by a lawful
act performed with proper care and skill and without
homicidal intent, e.g. death in boxing bout. There is no
felony committed in this case (Id.).
Elements:
1. That there be several persons;
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally, otherwise, they
may be held liable as co-conspirators;
3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
4. That someone was killed in the course of the
affray;
5. That it cannot be ascertained who actually
killed the deceased; and
Persons Liable:
1. The person or persons who inflicted the serious
physical injuries are liable; and
2. If it is not known who inflicted the serious physical
injuries on the deceased ALL the persons who used
violence upon the person of the victim are liable, but
with lesser liability.
Tumultuous Affray
A melee or free-for-all, where several persons not
comprising definite or identifiable groups attack one
another in a confused and disorganized manner
resulting in the death or injury of one or some of them.
Tumultuous affray exists when at least four
persons took part. When the quarrel is between a
distinct group of individuals, one of whom was
sufficiently identified as the principal author of
the killing, as against a common, particular victim, it
is not a "tumultuous affray" within the meaning of Art.
251 of the RPC (People v. Unlagada, G.R. No. 141080,
September 17, 2002). In such a case, the crime
committed is homicide under Art. 249.
The victim may be
participant thereof.
participant
or
non-
Elements:
1. That there is a tumultuous affray as referred to in
Art. 251;
2. That a participant or some participants thereof
suffer serious physical injuries or physical
injuries of a less serious nature only;
3. That the person responsible therefor cannot be
identified; and
4. That all those who appear to have used
violence upon the person of the offended party
are known.
Punishable Acts:
1. By killing ones adversary in a duel;
2. By inflicting upon such adversary physical
injuries; and
3. By making a combat although no physical
injuries have been inflicted.
Punishable Acts:
Persons Liable:
Persons liable:
1. Challenger; and
2. Instigators.
A challenge to fight, without contemplating a
duel, is not challenging to a duel. The person
making the challenge must have in mind a formal
combat to be concerted between him and the one
challenged in the presence of two or more
seconds (REYES, Book Two, supra at 532)
2.That the deceased child was less than three days (72
hours) of age; and
3. That the accused killed the said child.
Elements:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by:
Elements:
1. That there is a pregnant woman who has
suffered an abortion;
Two Kinds:
1. By intentionally mutilating another by depriving
him, either totally or partially, of some essential organ
for reproduction (castration).
Elements:
a. That there be castration, that is, mutilation of
organs necessary for generation, such as penis
or ovarium; and
b. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for reproduction.
Note: Intentionally depriving the victim of the
reproductive organ does not necessarily involve the
cutting off of the organ or any part thereof. It suffices
that it is rendered useless.
2. By intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the
Physical
Injuries
Mutilation
NO special
There is a special
intention
intention to clip
to clip off some off some part of Cruelty, as
understood
part of the
the body so as to
in
Art 14 (21),
body so as to
deprive him of
is
inherent in
deprive the
such part.
offended party
mutilation
of such part.
and, in fact,
that is the only felony where the said circumstance is
an integral part and is absorbed therein. If the victim
dies, the crime is murder qualified by cruelty, but the
offender may still claim and prove that he had no
intention to commit so grave a wrong (REGALADO,
supra at 583).
Ways of Committing:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious Physical Injuries
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical
injuries inflicted;
Insanity - It means loss of reason or will; failure to
determine right from wrong; failure to perceive things
as they are.
Impotence - It means inability to copulate. Blindness
must be complete; it must be of both eyes.
2. When the injured person
.
Physical Injuries
The
offender
inflicts
physical
injuries.
Attempted or
Frustrated
Homicide
Attempted
homicide
may
be
committed, even
if
no
physical
injuries
are
inflicted.
Elements:
1.That the offender inflicted upon another any serious
physical injury;
Offender has no
intent to kill the
offended party.
Qualifying Circumstances:
1. Offense committed against persons enumerated in
the crime of parricide; or
It
means
Elements:
1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs
medical attendance for the same period (10 days X
30 days); and
2. The physical injuries must not be those described in
the preceding articles.
Art.
266.
Slight
physical
injuries
and
maltreatment. The crime of slight physical injuries
shall be punished:
1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the offended
party for labor from one to nine days, or shall require
medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos
and censure when the offender has caused physical
injuries which do not prevent the offended party from
engaging in his habitual work nor require medical
assistance.
3. By arresto menor in its minimum period or a fine not
exceeding 50 pesos when the offender shall ill-treat
another by deed without causing any injury.
Kinds:
1. Physical injuries which incapacitated the offended
party for labor from one (1) to nine (9) days, or
required medical attendance during the same period;
2. Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did
not require medical attendance; and