R.

A 8049 "ANTI-HAZING LAW"

1. That there is an initiation rite which is a prerequisite for admission into membership in a fraternity,
1.A ELEMENTS OF HAZING sorority or organization;
2. that there is a neophyte, applicant, or recruit
3. that the neophyte, applicant, or recruit is subjected to humiliating situations or activities or otherwise
subjected to physical or psychological suffering or injury

1.B WHAT IS CHILD PORNOGRAPHY RA 9775: ANTI-CHILD PORNOGRAPHY ACT OF 2009

"Child pornography" refers to any representation, whether visual, audio, or written combination thereof,
by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in
real or simulated explicit sexual activities.

ARTICLE 246 - PARRICIDE

Elements:
(a) Person is killed;
(b) Deceased is killed by the accused;
(c) Deceased is the accused's
1. legitimate/illegitimate father
2. legitimate/illegitimate mother
3. legitimate/illegitimate child (should not be less than 3 days old, otherwise crime is infanticide)
4. other legitimate ascendant
5. other legitimate descendant
2.A PARRICIDE WITH UNINTENTIONAL ABORTION 6. legitimate spouse
ARTICLE 257 - UNINTENTIONAL ABORTION
Elements:
(a) There is a pregnant woman;
(b) Violence is used upon such pregnant woman without intending an abortion;
(c) The violence is intentionally exerted;
(d) Result of violence – fetus dies, either in the womb or expelled therefrom

Unintentional abortion requires physical violence inflicted deliberately and voluntarily by a third person
upon the pregnant woman, without intention to cause the abortion.
If the pregnant woman was killed by violence by her husband, the crime committed is the complex crime
of parricide with unintentional abortion.

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 ELEMENTS OF PARRICIDE

ARTICLE 249 - HOMICIDE

Elements:
(1) Person was killed;
(2) Offender killed him without any justifying circumstances;
(3) Offender had the intention to kill, which is presumed;
(4) Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or
2.B FRUSTRATED HOMICIDE AND LESS SERIOUS PHYSICAL INJURIES infanticide
ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES
Elements:
(1) 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 of time;
(2) The physical injuries must not be those described in the preceding articles.

ELEMENTS OF HOMICIDE

ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN HERSELF OR BY PARENTS

ABORTION PRACTICED BY THE WOMAN HERSELF IN VIEW OF THE
3.A
ABSENCE OF INTENT TO CAUSE AN ABORTION
Elements:
 There is a pregnant woman who has suffered an abortion;
 Abortion is intended;
 Abortion is caused by –
(1) The pregnant woman herself;
(2) Any other person, with her consent; or
(3) Any of her parents, with her consent for the purpose of concealing her dishonour.

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 ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF

3.B WHAT IS AN INHABITED PLACE

ARTICLE 301 - WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES:
“Inhabited house” – any shelter, ship, or vessel constituting the dwelling of one or more persons even
though the inhabitants thereof are temporarily absent when the robbery is committed.

WHAT IS DEPENDENCY
“Dependencies” – all interior courts, corrals, warehouses, granaries or inclosed places contiguous to the
building or edifice, having an interior entrance connected therewith, and which form part of the whole
(Art. 301, par. 2).

RA 6539: ANTI-CARNAPPING ACT:

4.A ELEMENTS OF R.A 6539 "ANTI-CARNAPPING ACT" ELEMENTS:
1. That the offender unlawfully takes a motor vehicle belonging to another
2. that it is without the consent of the owner or by means of violence against or intimidation of persons,
or by using force upon things
3. that it is with intent to gain

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262):
Battered Woman Syndrome- refers to a scientifically defined pattern of psychological and behavioral
4.B WHAT IS A BATTERED WOMAN SYNDROME UNDER R.A 9262 symptoms found in women living in battering relationships as a result of cumulative abuse.

Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence
of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

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STAGES OF BATTERED WOMAN SYNDROME - PEOPLE V. GENOSA
5.A R.A 7877 ANTI-SEXUAL HARRASMENT LAW
The battered woman syndrome is characterized by a “CYCLE OF VIOLENCE”, which is made up of three
phases [People v. Genosa]:
(1) First Phase: Tension Building Phase
 Where minor battering occurs, it could be a verbal or slight physical abuse or another form of hostile
behavior.
 The woman tries to pacify the batterer through a show of kind, nurturing behavior, or by simply staying
out of the way.
 But this proves to be unsuccessful as it only gives the batterer the notion that he has the right to abuse
her.
(2) Second Phase: Acute Battering Incident
 Characterized by brutality, destructiveness, and sometimes death.
 The battered woman has no control; only the batterer can stop the violence.
 The battered woman realizes that she cannot reason with him and resistance would only worsen her
condition.
(3) Third Phase: Tranquil Period
 Characterized by guilt on the part of the batterer and forgiveness on the part of the woman.
 The batterer may show a tender and nurturing behavior towards his partner and the woman also tries
to convince herself that the battery will never happen again and that her partner will change for the
better.
R.A 7877 “ ANTI-SEXUAL HARRASMENT LAW”
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-
related sexual harassment is committed by an employer, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation, terms,
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in a way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
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 DOMINGO V. REYALA

It is true that this provision calls for a "demand, request or requirement of a sexual favor." But it is not
necessary that the demand, request or requirement of a sexual favor be articulated in a categorical oral or
written statement. It may be discerned, with equal certitude, from the acts of the offender. Holding and
squeezing Domingo’s shoulders, running his fingers across her neck and tickling her ear, having
inappropriate conversations with her, giving her money allegedly for school expenses with a promise of
future privileges, and making statements with unmistakable sexual overtones – all these acts of Rayala
resound with deafening clarity the unspoken request for a sexual favor.

5.B DOMINGO V. REYALA - MERE MAKING OF A DEMAND Likewise, contrary to Rayala’s claim, it is not essential that the demand, request or requirement be made
as a condition for continued employment or for promotion to a higher position. It is enough that the
respondent’s acts result in creating an intimidating, hostile or offensive environment for the
employee.45 That the acts of Rayala generated an intimidating and hostile environment for Domingo is
clearly shown by the common factual finding of the Investigating Committee, the OP and the CA that
Domingo reported the matter to an officemate and, after the last incident, filed for a leave of absence and
requested transfer to another unit.

6.A ELEMETNS OF R.A 7610 "ANTI-CHILD ABUSE LAW" Republic Act No. 7610

Sec. 3 (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;

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 (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

ELEMENTS: (CABALLO V. PEOPLE):

a) The accused commits the act of sexual intercourse or lascivious conduct;

(b) The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and

(c) The child, whether male or female, is below 18 years of age.

WHEN IS A CHILD DEEMED EXPLOITED IN PROSTITUTION?

A child is deemed exploited in prostitution or subjected to other sexual abuse, when the child
indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other
consideration; or (b) under the coercion or influence of any adult, syndicate or group. (CABALLO
V. PEOPLE)

The Supreme Court held that husbands do not have property rights over their wives’ bodies. Sexual
intercourse, albeit within the realm of marriage, if not consensual, is rape.

According to the Court, it is now acknowledged that rape, as a form of sexual violence, exists within
6.B PEOPLE V. JUMAWAN - HUSBAND AND WIFE marriage. A man who penetrates her wife without her consent or against her will commits sexual violence
upon her, and the Philippines, as a State Party to the CEDAW and its accompanying Declaration, defines
and penalizes the act as rape under R.A. No. 8353.

7.A KIDNAPPING AND SERIOUS ILLEGAL DETENTION (not sure ani na part) ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Elements:
(a) Offender is a private individual;
(b) He kidnaps or detains another, or in any other manner deprives the latter of his liberty;
(c) The act of detention or kidnapping must be illegal;
(d) In the commission of the offense, any of the following circumstances is present:
(1) The kidnapping lasts for more than 3 days;
(2) It is committed simulating public authority;
(3) Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him
are made; or
(4) The person kidnapped or detained is a minor, female, or a public officer.

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 The essential element of kidnapping is the deprivation of the offended party’s liberty under any of the
four instances enumerated. But when the kidnapping was committed for the purpose of extorting ransom,
it is not necessary that one or any of circumstances enumerated be present.
If kidnapping be committed under element d (2), (3), or (4), it is not necessary that the kidnapping last for
more than 3 days.
The elements of the crime of fencing are:

1. A crime of robbery or theft has been committed;

2. The accused, who is not a principal or accomplice in the commission of

the crime of robbery or theft, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells, or in any manner deals in any
article, item, object or anything of value, which has been derived from the
proceeds of the said crime;
7.B P.D 1612 FENCING

3. The accused knows or should have known that the said article, item,
object or anything of value has been derived from the proceeds of the crime
of robbery or theft; and

4. There is, on the part of the accused, intent to gain for himself or for
another.

DIZON-PAMINTUAN V. PEOPLE