Module 2.7: Crimes Against Persons

1. Learning Objectives

Differentiate the elements and penalties of Parricide, Murder, and Homicide.
Identify the qualifying circumstances that elevate Homicide to Murder.
Understand the specific elements of Infanticide and Death Caused in a Tumultuous Affray.
Distinguish the different classifications of Physical Injuries based on the extent of harm.
Explain the two modes of committing Rape and the concept of Qualified Rape under RA 8353.

2. DESTRUCTION OF LIFE

A. PARRICIDE (Art. 246)

Definition: The crime committed by a person who kills their father, mother, or child, whether legitimate or illegitimate, or any of their ascendants, or descendants, or their spouse.
Elements:
1. A person is killed.
2. The deceased is the father, mother, or child (legitimate or illegitimate), or a legitimate other ascendant or descendant, or the legitimate spouse of the offender.
3. The killing is not Infanticide or Death under Exceptional Circumstances.
Who can commit: A person who has a direct family relationship with the victim as specified in the law. The relationship must be proven.
Penalty: Reclusion perpetua to death.

B. MURDER (Art. 248)

Definition: The unlawful killing of a person, which is not Parricide or Infanticide, attended by any of the qualifying circumstances.
Elements:
1. A person was killed.
2. The accused killed them.
3. The killing was attended by any of the qualifying circumstances mentioned in Art. 248.
4. The killing is not Parricide or Infanticide.
Qualifying Circumstances:
- Treachery (Alevosia)
- In consideration of a price, reward, or promise (Evident Premeditation)
- By means of inundation, fire, poison, explosion, etc.
- With cruelty, by deliberately and inhumanly augmenting the suffering of the victim
- On occasion of any of the calamities enumerated in the preceding paragraph
Penalty: Reclusion perpetua to death.

C. HOMICIDE (Art. 249)

Definition: The unlawful killing of any person, which is not Parricide, Murder, or Infanticide, and is not attended by any of the qualifying circumstances of murder.
Elements:
1. A person was killed.
2. The accused killed them without any justifying circumstance.
3. The killing was not attended by any of the qualifying circumstances of murder.
4. The killing is not Parricide or Infanticide.
Distinction from Murder: Homicide is the unlawful killing of a person without any of the qualifying circumstances of murder. If any of the circumstances in Art. 248 is present, the crime is murder.
Penalty: Reclusion temporal.

D. DEATH CAUSED IN A TUMULTUOUS AFFRAY (Art. 251)

Definition: A crime committed when a person is killed in a tumultuous affray, and it cannot be determined who among the several participants killed the victim.
Elements:
1. There is a tumultuous affray.
2. A person is killed in the course of the affray.
3. It cannot be ascertained who killed the deceased.
4. The person or persons who inflicted serious physical injuries or who used violence can be identified.
Penalty: Prision mayor for the person who inflicted serious physical injuries, and prision correccional for those who used violence.

E. INFANTICIDE (Art. 255)

Elements:
1. A child is killed.
2. The deceased child is less than three days (72 hours) of age.
3. The accused is the parent or grandparent of the child, or any other person who killed the said child.
When Parricide, when Infanticide: If the child is killed by their parent or grandparent and is less than 3 days old, the crime is Infanticide. If the child is more than 3 days old, the crime is Parricide.
Penalty: Prision mayor to reclusion temporal for the parent/grandparent, and reclusion perpetua if committed by a stranger.

F. GIVING ASSISTANCE TO SUICIDE (Art. 253)

Definition: A crime committed by a person who assists or induces another to commit suicide.
Elements:
1. The accused assists or induces another to commit suicide.
2. The suicide is actually committed.
Penalty: Prision mayor if the suicide is a minor, and prision correccional if the suicide is over 18.

G. DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (Art. 247)

Elements:
1. A legally married person (or a parent) surprises their spouse (or daughter under 18 living with them) in the act of committing sexual intercourse with another person.
2. The killing or injury is inflicted in the act or immediately thereafter.
3. The accused is not in a situation where they promoted or facilitated the prostitution of their spouse or daughter.
Who can invoke: A legally married person or a parent.
Penalty: Destierro (banishment).

3. PHYSICAL INJURIES

A. MUTILATION (Art. 262)

Intentional Mutilation: The deliberate act of lopping off or clipping off a part of the body to deprive a person of that part for the purpose of altering their physical appearance.
Castration: The intentional removal of the reproductive organs.

B. SERIOUS PHYSICAL INJURIES (Art. 263)

Four Classes:
1. When the injured person becomes insane, imbecile, impotent, or blind.
2. When the injured person loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or is otherwise incapacitated for the work in which they were habitually engaged.
3. When the injured person becomes deformed, or loses any other part of their body, or loses the use thereof, or has been ill or incapacitated for the performance of the work in which they were habitually engaged for a period of more than 90 days.
4. When the injured person has been ill or incapacitated for labor for more than 30 days.
Elements: The injury must fall under one of the four classes mentioned above.

C. LESS SERIOUS PHYSICAL INJURIES (Art. 265)

Incapacity 10-30 days: The injured person is incapacitated for labor for 10 to 30 days, or requires medical attendance for the same period.

D. SLIGHT PHYSICAL INJURIES (Art. 266)

Three Forms:
1. When the offender has inflicted physical injuries which shall incapacitate the offended party for labor from 1 to 9 days, or shall require medical attendance during the same period.
2. When the offender has caused physical injuries which do not prevent the offended party from engaging in their habitual work nor require medical attendance.
3. When the offender shall ill-treat another by deed without causing any injury.

4. RAPE (Art. 266-A to 266-D as amended by RA 8353)

Definition: Rape is committed by a man who shall have carnal knowledge of a woman under any of the following circumstances:
- Through force, threat, or intimidation.
- When the offended party is deprived of reason or otherwise unconscious.
- By means of fraudulent machination or grave abuse of authority.
- When the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present.
Two Ways of Committing Rape:
1. By having carnal knowledge of a woman.
2. By inserting the penis into another person's mouth or anus, or by inserting any instrument or object, into the genital or anal orifice of another person.
Statutory Rape: Rape committed on a person below 12 years of age.
Qualified Rape: Rape committed with the use of a deadly weapon or by two or more persons, or when the victim is under 12 years of age.
Anti-Rape Law of 1997 (RA 8353): Redefined rape as a crime against persons, not chastity, and expanded the definition of rape.

5. Comparison Tables: Murder vs Homicide vs Parricide

Feature	Parricide (Art. 246)	Murder (Art. 248)	Homicide (Art. 249)
Victim	Father, mother, child, ascendant, descendant, spouse	Any person	Any person
Qualifying Circumstances	Relationship	Treachery, price, cruelty, etc.	None
Penalty	Reclusion perpetua to death	Reclusion perpetua to death	Reclusion temporal
Nature	Killing of a relative	Killing with qualifying circumstances	Simple killing

6. Important Jurisprudence

People v. Genosa (G.R. No. 135981, January 15, 2004): This case is significant for its discussion of the "battered woman syndrome" as a form of self-defense in a parricide case. The Supreme Court, while not acquitting the accused, recognized the syndrome as a mitigating circumstance.
People v. Ordoo (G.R. No. 132154, June 29, 2000): This case clarifies the elements of treachery in murder, emphasizing that the attack must be sudden and unexpected, rendering the victim unable to defend themselves.
People v. Placer (G.R. No. 181753, October 9, 2013): The Supreme Court reiterated that in the absence of any qualifying circumstance, the killing of a person constitutes homicide, not murder.

7. Multiple Choice Practice Questions

What is the main difference between Murder and Homicide? a) The penalty b) The presence of qualifying circumstances c) The relationship between the offender and the victim d) The weapon used
Which of the following is NOT a qualifying circumstance for murder? a) Treachery b) Passion or obfuscation c) Cruelty d) Price, reward, or promise
What is the penalty for Homicide? a) Reclusion perpetua b) Reclusion temporal c) Prision mayor d) Prision correccional
A person who kills their father is guilty of what crime? a) Homicide b) Murder c) Parricide d) Infanticide
What is the maximum age of a child for a killing to be considered Infanticide? a) 1 year old b) 6 months old c) 3 days old d) 24 hours old
Which of the following is a circumstance that may be invoked in Death under Exceptional Circumstances? a) The offender is a minor b) The offender surprises their spouse in the act of sexual intercourse with another c) The offender is insane d) The offender acted in self-defense
What is the penalty for Death Under Exceptional Circumstances? a) Reclusion perpetua b) Prision mayor c) Destierro d) Arresto mayor
What crime is committed when a person assists another to commit suicide? a) Murder b) Homicide c) Assisting Suicide d) No crime is committed
Which of the following is NOT a class of Serious Physical Injuries? a) Blindness b) Loss of a hand c) Incapacity for more than 90 days d) A black eye
What is the period of incapacity for Less Serious Physical Injuries? a) 1-9 days b) 10-30 days c) 31-60 days d) Over 90 days
The ill-treatment of another by deed without causing any injury is classified as: a) Slight Physical Injuries b) Unjust Vexation c) Maltreatment d) A felony
The Anti-Rape Law of 1997 is also known as: a) RA 8353 b) RA 9262 c) RA 7610 d) RA 8049
What is the crime if a person kills their illegitimate child who is 5 years old? a) Parricide b) Homicide c) Murder d) Infanticide
In Death Caused in a Tumultuous Affray, who is held responsible for the death? a) All participants b) The person who inflicted serious physical injuries c) The person who started the fight d) No one, as the killer cannot be identified
What is the penalty for Mutilation? a) Prision mayor b) Reclusion temporal c) Reclusion perpetua d) Depends on the extent of the mutilation
Rape is considered a crime against: a) Chastity b) Persons c) Public Morals d) Public Order
Which of the following is an element of treachery? a) The attack was made at night b) The victim was unarmed c) The attack was sudden and unexpected d) The offender was in a position of authority
What is the penalty for Parricide? a) Reclusion temporal b) Reclusion perpetua to death c) Prision mayor d) Prision correccional
A kills B by putting poison in his coffee. What crime did A commit? a) Homicide b) Murder c) Parricide d) Infanticide
A person who kills another due to an irresistible force is: a) Guilty of Homicide b) Guilty of Murder c) Exempt from criminal liability d) Mitigated
What is the key element in Parricide? a) The age of the victim b) The relationship between the offender and the victim c) The manner of killing d) The motive
Statutory rape is committed when the victim is under the age of: a) 18 b) 16 c) 14 d) 12
A person who kills another while in a state of passion or obfuscation may be found guilty of: a) Murder b) Homicide with a mitigating circumstance c) No crime d) A lesser offense
A person who kills another without any intent to kill is guilty of: a) Homicide b) Reckless imprudence resulting in homicide c) Murder d) No crime
A kills B in a fistfight. What crime is most likely committed? a) Murder b) Homicide c) Physical Injuries d) Death Caused in a Tumultuous Affray
Which of the following is NOT an element of Infanticide? a) The child is less than 3 days old b) The offender is the parent c) The killing was intentional d) The child was born with a disease
A person who kills another in self-defense is: a) Guilty of Homicide b) Guilty of Murder c) Exempt from criminal liability d) Given a lighter sentence
The penalty for qualified rape is: a) Reclusion perpetua b) Reclusion perpetua to death c) Life imprisonment d) Death
A person who inflicts injuries that cause incapacity for 15 days is guilty of: a) Serious Physical Injuries b) Less Serious Physical Injuries c) Slight Physical Injuries d) Maltreatment
Which of the following is a key element of Death Caused in a Tumultuous Affray? a) The presence of a deadly weapon b) The affray was planned c) The killer cannot be identified d) The victim was a public officer
In the case of People v. Genosa, the Supreme Court recognized the "battered woman syndrome" as a: a) Justifying circumstance b) Exempting circumstance c) Mitigating circumstance d) Aggravating circumstance
What is the minimum number of participants for a tumultuous affray? a) 2 b) 3 c) 4 d) 5
A person who kills a stranger while defending their home from an unlawful aggressor may invoke: a) Defense of property b) Defense of a stranger c) Self-defense d) State of necessity
What is the legal effect of the victim's pardon in a rape case? a) The case is dismissed b) The penalty is reduced c) The criminal action is extinguished d) It has no effect on the criminal liability
A person who kills another by accident, without fault or intention of causing it, is: a) Guilty of Homicide b) Exempt from criminal liability c) Guilty of Reckless Imprudence d) Given a lighter sentence

Answer Key and Explanations

B) The presence of qualifying circumstances. Murder is distinguished from homicide by the presence of specific circumstances listed in Art. 248 of the RPC.
B) Passion or obfuscation. This is a mitigating circumstance, not a qualifying one.
B) Reclusion temporal. This is the penalty prescribed by Art. 249 of the RPC.
C) Parricide. Art. 246 defines parricide as the killing of a close relative, including a father.
C) 3 days old. Art. 255 specifies that the child must be less than three days (72 hours) of age.
B) The offender surprises their spouse in the act of sexual intercourse with another. This is the primary scenario covered by Art. 247.
C) Destierro. Art. 247 imposes the penalty of destierro, or banishment.
C) Assisting Suicide. Art. 253 specifically penalizes giving assistance to suicide.
D) A black eye. A black eye would typically fall under slight physical injuries unless it leads to a more serious condition.
B) 10-30 days. Art. 265 defines this period for less serious physical injuries.
A) Slight Physical Injuries. Art. 266 includes ill-treatment by deed without injury as a form of slight physical injuries.
A) RA 8353. This law is also known as the Anti-Rape Law of 1997.
A) Parricide. The killing of a child, legitimate or illegitimate, beyond the 3-day limit for infanticide falls under parricide.
B) The person who inflicted serious physical injuries. If the actual killer is unknown, Art. 251 holds those who inflicted serious injuries liable.
B) Reclusion temporal. Art. 262 specifies this penalty for intentional mutilation.
B) Persons. RA 8353 reclassified rape as a crime against persons.
C) The attack was sudden and unexpected. This is the essence of treachery, which denies the victim the opportunity to defend themselves.
B) Reclusion perpetua to death. This is the severe penalty prescribed by Art. 246.
B) Murder. The use of poison is a qualifying circumstance for murder.
C) Exempt from criminal liability. Acting under an irresistible force is an exempting circumstance under Art. 12 of the RPC.
B) The relationship between the offender and the victim. The defining element of parricide is the specific family relationship.
D) 12. Under RA 8353, carnal knowledge with a person under 12 is considered statutory rape.
B) Homicide with a mitigating circumstance. Passion or obfuscation can mitigate the penalty for homicide.
B) Reckless imprudence resulting in homicide. If there is no intent to kill (dolo), the act may be considered a culpable felony (culpa).
B) Homicide. Without any qualifying circumstances, a killing resulting from a fight is typically homicide.
D) The child was born with a disease. The health of the child is not an element of infanticide.
C) Exempt from criminal liability. Self-defense is a justifying circumstance under Art. 11 of the RPC.
B) Reclusion perpetua to death. Qualified rape carries the highest penalty.
B) Less Serious Physical Injuries. This falls within the 10-30 day incapacity period.
C) The killer cannot be identified. This is a fundamental element of Art. 251.
C) Mitigating circumstance. The Supreme Court recognized it as a factor that could diminish the penalty but not absolve the accused.
B) 3. Jurisprudence requires at least three persons for an affray to be considered tumultuous.
C) Self-defense. Defense of one's home is considered a form of self-defense.
D) It has no effect on the criminal liability. Since rape is a public crime, a pardon from the victim does not extinguish criminal action.
B) Exempt from criminal liability. This falls under the exempting circumstance of accident under Art. 12(4) of the RPC.