Criminal Law Book 2

Finals Lecture

Crimes against persons – [remaining topic]

Rape

Concept of Marital Rape

Under the new law, the husband may be liable for marital rape, if his wife does not want
to engage in a sexual relation with him. It is enough that there is indication of any amount of
resistance as to constitute the crime of rape.
Marital rape is recognized under Article 266 of the Revised Penal Code which provides
that in case it is the legal husband who is the offender, the subsequent forgiveness by the wife
as the offended party shall extinguish the criminal liability as well as the penalty attach.

Elements of Rape by Carnal Knowledge

1. Offender is a Man;
2. Offender had Carnal knowledge of the woman; and
3. Such act is Accomplished under any of the following circumstances:
a. Through Force, threat or intimidation;
b. When the offended party is Deprived of reason or is otherwise unconscious;
c. By means of fraudulent Machination or grave abuse of authority; or
d. When the offended party is under twelve (12) years of age or is demented, even though
none of the above circumstances mentioned above be present.

Elements of Rape by Sexual Assault

1. Offender commits an act of Sexual assault;
2. The act of sexual assault is committed by any of the following means:
a. By inserting his Penis into another person’s mouth or anal orifice; or
b. By inserting any Instrument or object into the genital or anal orifice of another person.
3. The act of sexual assault is accomplished under any of the following circumstances:
a. By using Force or intimidation;
b. When the woman is Deprived of reason or otherwise unconscious;
c. By means of fraudulent Machination or grave abuse of authority; or
d. When the woman is under twelve (12) years of age or demented. Rape by sexual assault is
not necessarily included in rape through sexual intercourse unlike acts of lasciviousness.

Old Anti-Rape Law vs. R.A. No. 8353

OLD ANTI-RAPE LAW R.A. No. 8353

Crime against chastity Crime against persons
May be committed by a man against a woman only Under the 2nd type, sexual assault may be committed
by any person against any person
Complaint must be filed by the woman or her parents, May be prosecuted even if the woman does not file a
grandparents or guardian if the woman was a minor or complaint
 incapacitated
Private crime Public crime
Marriage of the victim with one of the offenders Marriage extinguishes the penal action only as to the
benefits not only the principal but also the principal (the person who married the victim), and
accomplices and accessories. cannot be extended to co-principals in case of multiple
rape.
Marital rape not recognized Marital rape recognized

Physical Injuries
Nature of Physical Injuries
The crime of physical injuries is a formal crime because it is penalized on the basis of
gravity of the injury sustained. What is punished is the consequence and not the stage of
execution. Hence, it is always consummated. It cannot be committed in the attempted and
frustrated stage.

Q: If the offender repeatedly uttered “I will kill you!” but he only keeps on boxing the offended
party and injuries resulted, what is the crime committed?
A: The crime is only physical injuries not attempted or frustrated homicide.

Physical Injuries vs. Mutilation –

Mutilation must have been caused purposely and deliberately to lop or clip some part of
the body as to deprive the offended party of such part of the body. This intention is absent in
other kinds of physical injuries.
In physical injuries there is no special intention to clip off some part of the body so as to
deprive the offended party of such part. However, in mutilation there is special intention to clip
off some part of the body so as to deprive him of such part.

 Serious Physical Injuries – Article 263

How the Crime of Serious Physical Injuries is Committed?
1. Wounding; 2. Beating ; 3. Assaulting ; or 4. Administering injurious substance
WHEN the injured person becomes ill or incapacitated for labor for more than 30 days (but
must be more than 90 days), as a result of the physical injuries inflicted.

WHEN the category of the offense of serious physical injuries depends on the period of the
illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the
offense will be considered as slight physical injuries.

 Less Serious Physical Injuries – Article 265

The offended party is incapacitated for labor for 10 days or more but not more that 30 days,
or shall require medical attendance for the same period of time.
If a wound required medial attendance for only two (2) days, yet the injury was prevented
from attending to his ordinary labor for a period of twenty-nine (29) days, the physical
injuries are denominated as less serious.
 Qualifying Circumstances of Less Serious Physical Injuries
1. When there is manifest intent to insult or offend the injured person;
2. When there are circumstances adding ignominy to the offense;
3. When the victim is the offender’s parents, ascendants, guardians, curators, or teachers; or
4. When the victim is a person of rank or person in authority, provided the crime is not direct
assault.

 Slight Physical Injuries and Maltreatment – Article 266

Kinds of Slight Physical Injuries and Maltreatment

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; or
3. Ill-treatment of another by deed without causing any injury.
Slapping the offended party is a form of ill-treatment which is a form of ill-
treatment which is a form of slight physical injuries.

Presumptions in Article 266

1. In the absence of proof as to the period of the offended party’s incapacity for labor or of
the required medical attendance, the crime committed is presumed as slight physical injuries.
2. When there is no evidence to establish the gravity or duration of actual injury or to slow
the causal relationship to death, the offense is slight physical injuries.

Mutilation – Article 262

It is the lopping or the clipping off of some parts of the body which are not susceptible to
growth again.
There are three kinds of mutilation
1. Intentional mutilating another by depriving him, either totally or partially, of some essential
organ for reproduction.
2. Intentionally depriving the victim of the reproductive organ does not mean necessarily the
cutting off of the organ or any part thereof. It suffices that it is rendered useless.
3. Intentionally making other mutilation, that is, by looping or clipping off any part of the body
of the offended party, other than the essential organ for reproduction, to deprive him of that part
of his body.

Intention in mutilation; No mutilation through Negligence

Mutilation must always be intentional. Thus, it cannot be committed through criminal
negligence. There must be no intent to kill otherwise; the offense is attempted or frustrated
homicide or murder, as the case may be.
Q: Suppose there is no intent to deprive the victim of the particular part of the body, what is the
crime committed?
A: The crime is only serious physical injuries.

Threat in general
It is the declaration of an intention or determination to injure another by the commission
upon his person, honor, or property or upon that of his family of some wrong which may or may
not amount to a crime.
Light Threat - When the wrong threatened to be inflicted does not amount to a crime.
Grave Threat - When the wrong threatened to be inflicted amounts to a crime.

It is essential that there be intimidation. In intimidation, there is a promise of some future harm
or injury, either to the person, honor, or property of the offended party. It must inspire terror or
fear upon another. It is characterized by moral pressure that produces alarm.

Crimes against liberty -

Illegal detention – The offender is a Private Individual compare with Arbitrary
Detention.
NOTE: If the offender is a public officer who has the authority to arrest or detain a person, the
crime committed is Arbitrary Detention.
Kidnapping with serious illegal detention
Kidnapping and failure to return a minor

Crimes against property

Robbery
Complex crime of robbery with other crimes

Robbery - It is 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.

Elements of Robbery in General

1. There is Personal property belonging to another;
2. There is Unlawful taking of that property;
3. Taking must be with Intent to gain; and
4. There is Violence against or intimidation of any person or force upon things.

Presumption of Intent to Gain

In unlawful taking of personal property intent to gain is presumed. The element of
personal property belonging to another and that of intent to gain must concur.
Theft
Theft is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without the
latter’s consent.

Elements
1. There is taking of Personal property;
2. Property taken Belongs to another;
3. Taking was done with Intent to gain;
4. Taking was done Without the Consent of the owner; and
5. Taking is accomplished without the use of Violence against or intimidation of persons of force
upon things.

The Supreme Court has been consistent in holding that "intent to gain or animus lucrandi
is an internal act that is presumed from the unlawful taking by the offender of the thing subject of
asportation. Thus, actual gain is irrelevant as the important consideration is the intent to gain." In
this case, it is clear from the established facts that it was Mejares who opened the drawer in the
masters' bedroom and took away the cash and valuables it contained.

Qualified Theft
Elements of Qualified Theft
1. If theft is committed by a domestic Servant;
2. If the theft is committed with Grave abuse of confidence;
NOTE: If the offense is to be qualified by abuse of confidence, the abuse must be grave, like an
accused who was offered food and allowed to sleep in the house of the complainant out of the
latter’s pity and charity, but stole the latter’s money in his house when he left the place.
3. If the property stolen is a motor Vehicle, mail matter or large cattle;
4. If the property stolen consist of Coconuts taken from the premises of a plantation;
5. If the property stolen is Fish taken from a fishpond or fishery; or
6. If property is taken on the occasion of Fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance.

Next Meeting:
Estafa
 1. Accused defrauded another by abuse of confidence or by means of deceit – This covers
the three different ways of committing estafa under Art. 315, thus: a. With unfaithfulness or
abuse of confidence; b. By means of false pretenses or fraudulent acts; or c. Through fraudulent
means.
2. Damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person. a. The failure of the entrustee to turn over the proceeds of the sale of the goods,
documents, or instruments covered by a trust receipt, to the extent of the amount owing to the
entruster, or as appearing in the trust receipt; or b. The failure to return said goods, documents, or
instruments if they were not sold or disposed of in accordance with the terms of the trust receipt.

Arson

NOTE: The laws on arson in force today are P.D. 1613 on Simple Arson, and Art. 320, as
amended by R.A. No. 7659 on Destructive Arson

Destructive Arson vs. Simple Arson under P.D. 1613

The nature of Destructive Arson is distinguished from Simple Arson by the degree of perversity
or viciousness of the criminal offender.

Special Aggravating Circumstances in Arson

1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender be motivated by spite or hatred towards the owner; or
4. If committed by a syndicate.

NOTE: The slightest discoloration of a part of a building is consummated arson. But when a
person who intends to burn a structure by collecting and placing rags soaked in a gasoline and
placed them near the wall of the building but who was discovered as he was about to set fire to
the rags is liable for attempted arson.

Malicious Mischief
The willful damaging of another’s property by any act not constituting arson or crimes of
destruction due to hate, revenge, or mere pleasure of destroying.

Elements of Malicious Mischief

1. Offender deliberately caused damage to the property of another;
2. Such act does not constitute arson or other crimes involving destruction; and
3. Act of damaging another’s property be committed merely for the sake of damaging it.

Article 332 – PERSONS EXEMPT FROM CRIMINAL LIABILITY IN CRIMES

AGAINST PROPERTY
Crimes involved in this Article are the following:
1. Theft;
2. Swindling (estafa); and
3. Malicious mischief
If any of the crimes is complexed with another crime, such as estafa thru falscification,
Article 332 is not applicable. Reason for exemption is that the law recognized the presumed co-
ownership of the property between the offender and the offended party.

Who are persons exempted under Article 332 –

1. Spouse, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased spouse
before the same passed into the possession of another; and
3. Brothers and Sisters and brother-in-law and sister-in-law, if living together.
The exemption does not apply to strangers participating in the commission of the offense.

Crimes against Honor

Libel –
A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Commission of Libel
Libel is a defamation committed by means of writing, printing, lithography, engraving, radio,
phonograph, painting or theatrical or cinematographic exhibition, or any similar means.

Elements of Libel
1. There must be an Imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance;
2. Imputation must be made Publicly;
3. It must be Malicious;
4. It must be Directed at a natural or juridical person, or one who is dead; and
5. It must tend to cause the Dishonor, discredit or contempt of the person defamed.

Invocation of Freedom of Speech Although a wide latitude is given to critical utterances made
against public officials in the performance of their official duties, or against public figures on
matters of public interest, such criticism does not automatically fall within the ambit of
constitutionally protected speech. If the utterances are false, malicious, or unrelated to a public
officer’s performance of his duties or irrelevant to matters of public interest involving public
figures, the same may give rise to criminal and civil liability.

Doctrine of Fair Comment While in general every discreditable imputation publicly made is
deemed false, because every man is presumed innocent until his guilt is judicially proved, and
every false imputation is deemed malicious, nevertheless, when the discreditable imputation is
directed against a public person in his public capacity, it is not necessarily actionable.

Cyber Libel (Special Penal Law)

Criminal Negligence - Article 365
Punishable Acts
1. Committing through reckless imprudence any act which, had it been intentional, would
constitute a grave or less grave felony or light felony;
2. Committing through simple imprudence or negligence an act which would otherwise
constitute a grave or a less serious felony;
3. Causing damage to the property of another through reckless imprudence or simple imprudence
or negligence; and
4. Causing through simple imprudence or negligence some wrong which, if done maliciously,
would have constituted a light felony.

SPECIAL PENAL LAWS

 ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN – VAWC RA 9262

March 8, 2004

Basis: Magna Carta of Rights for Women

Ratio: To protect Women and their children. To uphold the dignity of women and their children
and guarantees full respect for human rights.
This law was enacted to address violence committed against women and their children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of
the Universal Declaration of Human Rights, the Convention on the Elimination of all forms of
discrimination against Women, Convention on the Rights of the Child and other international
human rights instruments of which the Philippines is a party.

Who can be the offender?

Both Men and Women [with regards to violence against children]
Relation between the offender and the victim must be alleged.

What are the acts punishable under RA 9262?

1. Physical violence, torture or any kinds of violence inflicted upon women and children;
2. Psychological violence
3. Economic violence

COMPREHENSIVE DRUGS ACT - RA 9165 as amended BY RA 10640

SAFE SPACES ACT RA 11313

R.A. 7610 ANTI-CHILD ABUSE LAW