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Crimes Against Persons Overview

This document outlines various crimes against persons in Philippine law. It begins with crimes involving destruction of life such as parricide, murder and homicide. It discusses the different ways these crimes can be committed including through treachery or evident premeditation. The document then covers infanticide, abortion and crimes resulting in physical injuries like mutilation or less serious physical injuries. It also outlines the laws around rape including how rape can be committed, statutory rape, and qualifying circumstances. It provides numerous legal case references to illustrate the application and interpretation of these crimes by Philippine courts.

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Angel Amar
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0% found this document useful (0 votes)
184 views5 pages

Crimes Against Persons Overview

This document outlines various crimes against persons in Philippine law. It begins with crimes involving destruction of life such as parricide, murder and homicide. It discusses the different ways these crimes can be committed including through treachery or evident premeditation. The document then covers infanticide, abortion and crimes resulting in physical injuries like mutilation or less serious physical injuries. It also outlines the laws around rape including how rape can be committed, statutory rape, and qualifying circumstances. It provides numerous legal case references to illustrate the application and interpretation of these crimes by Philippine courts.

Uploaded by

Angel Amar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

TITLE EIGHT:

CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide

Article 246. Parricide

o People vs. Gamez, GR No. 202847, October 23, 2013


o People vs. Bucsit G.R. No. 17865, March 15, 1922
o People vs Genosa, G.R. No. 135981, January 15, 2004
o People vs. Tibon, G.R. No. 188320, June 29, 2010
o People vs. Castro, G.R. No. 172370, October 6, 2008
o People vs. San Gaspar, G.R. No. 180496, April 2, 2014

Parricide, infanticide, abortion

o People vs. Paycana, G.R No. 179035, April 16, 2008

Article 247. Death or physical injuries inflicted under exceptional circumstances.

o People vs. Abarca, G.R. No. 74433, September 14, 1987


o People vs. Talisic, G.R. No. 97961. September 5, 1997
o People vs. Puedan, G.R. No. 139576. September 2, 2002
o U.S. vs. Versola, G.R. No. 10759, January 25, 1916

Article 248. Murder

o People of the Philippines vs. Charlie Flores, et al.,G.R. No. 22888, August 8,
2018
o People vs. Aytalin, G.R. No. 134138, June 21, 2001

Treachery

o People vs. Manalad, G.R. No. 128593, August 14, 2002


o People vs. Pidoy, G.R. No. 146696. July 3, 2003
o People vs. Alfon, G.R. No. 126028. March 14, 2003
o People vs. Oandasan, G.R. No. 194605, June 14, 2016
o People vs. Cañaveras, G.R. No. 193839, November 27, 2013
o People vs. Peran, G.R. No. 95259, October 26 1992
o US vs. Baluyot, G.R. No. L-14476, November 6, 1919

Evident Premeditation

o People vs. Alban, G.R. No. L-15203. March 29, 1961


o People vs. Hugo, G.R. No. 134604. August 28, 2003
o People vs. Fieldad, et al. G.R. No. 196005, October 1, 2014

Use of motorized vehicle

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o People vs. Astudillo, G.R. No. 141518. April 29, 2003

Cruelty

o Simangan vs. People, G.R. No. 157984. July 8, 2004

*Review RA 10951

Article 249. Homicide

o People vs. Buensuceso, 132 SCRA 143


o People vs. Pugay, 167 SCRA 439
o People vs. Basay, 219 SCRA 404 (1993)

Article 250. Penalty for frustrated parricide, murder or homicide

Article 251. Death caused in a tumultuous affray

o People vs. Corpuz, G.R. No. L-36234 February 10, 1981

Article 252. Physical injuries inflicted in a tumultuous affray

Article 253. Giving assistance to suicide

Article 254. Discharge of firearms

o Dado vs. People, 392 SCRA 46


o Escalante vs. People, G.R. No. 192727 : January 9, 2013

Section Two. - Infanticide and abortion.

Article 255. Infanticide.

Article 256. Intentional abortion.

Article 257. Unintentional abortion.

Article 258. Abortion practiced by the woman herself of by her parents.

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives.

*R.A. No. 4729

Section Three. - Duel

Article 260. Responsibility of participants in a duel.

Article 261. Challenging to a duel.

Chapter Two
PHYSICAL INJURIES

Article 262. Mutilation.

CRIMINAL LAW BOOK 2 | ATTY. CAMILLE B. REMOROZA | 2 | P a g e


Article 263. Serious physical injuries.

* Republic Act No. 8049, as amended by Republic Act 11053 or the “Anti-Hazing
Act of 2018”

o Dungo & Sibal vs People, G.R. No. 209464, July 1, 2015

Article 264. Administering injurious substances or beverages.

o People vs. Fortich 281 SCRA 600

Article 265. Less serious physical injuries.

Article 266. Slight physical injuries and maltreatment.

Maltreatment of Children, Read R.A. 7610

o People vs. Sales, G.R. No. 177218, October 3, 2011


o Rosaldes vs. People, G.R. No. 173988, October 08, 2014
o Bongalon vs. People, G.R. No. 169533, March 20, 2013

Chapter Three
RAPE

R.A. No. 8353

Article 266-A. Rape, when and how committed

Nature of the offense

o People vs. Bonaagua, GR No. 188897, June 06, 2011

Date of Commission of Rape


o People of the Philippines Vs. Leonardo Quiapo, G.R. No. 218804. August 6,
2018

2 kinds of rape

o People vs. Pareja, G.R. No. 202122, January 15, 2014

How committed?

o People vs. Espera, G.R. No. 202868, October 02, 2013


o People vs. Rivera, GR No. 200508, September 04, 2013
o People vs. Rubio, G.R. No. 195239, March 7, 2012
CRIMINAL LAW BOOK 2 | ATTY. CAMILLE B. REMOROZA | 3 | P a g e
o People vs. Penilla, GR No. 189324, March 20, 2013
o People vs. Jumawan, G.R. No. 187495, April 21, 2014

When is it rape?

o People vs. Orita, G.R. No. 8872, April 3, 1990


o People vs. Campuhan, G.R. No. 129433, March 30, 2000
o People vs. Butiong, G.R. No. 168932, October 19, 2011
o People vs. Bonaagua, GR No. 188897, June 6, 2011
o People vs. Nuyok, G.R. No. 195424, June 15, 2015
o People vs. Belgar, G.R. No. 182794
o Cruz vs. People, G.R. No. 166441, October 08, 2014
o People vs. Banzuela, G.R. No. 202060, December 11, 2013

Attempted Rape

o People vs. Bandril, G.R. No. 212205, July 06, 2015

Statutory Rape

o People vs. Dalan, G.R. No. 203086, June 11, 2014

Qualifying circumstance

o People vs. Ceredon, G.R. No. 167179, January 28, 2008


o People vs. Caoile, GR No. 203041, June 5, 2013
o People vs. Obogne, GR No. 199740, March 24, 201
o People vs. Lascano, G.R. No. 192180, March 21, 2012
o People vs. Flores G.R. No. 188315, August 25, 2010

Rape and Acts of Lasciviousness and other offenses


o People vs. Dy, G.R. Nos. 115236-37, January 29, 2002
o People vs. Crisostomo, GR No. 196435, January 29, 2014
o People vs. Sanico, G.R. No. 208469, August 13, 2014
o People vs. Banzuela, G.R. No. 202060, December 11, 2013
o People vs. Victor, G.R. No. 127904, December 05, 2002
o People vs. Abanilla, G.R. Nos. 148673-75, October 17, 2003
o In People vs. Dadulla, G. R. No. 172321, February 9, 2011
o People vs. Balbar, G.R. Nos. L-20216 & L-20217, November 29, 1967

Variance rule
o People vs. Pareja, GR No. 202122, January 15, 2014
o People vs. Cuaycong, G.R. No. 196051, October 02, 2013
o People vs. CA, G.R. No. 183652, February 25, 2015

Sweetheart Theory

CRIMINAL LAW BOOK 2 | ATTY. CAMILLE B. REMOROZA | 4 | P a g e


o People of the Philippines Vs. Cajeto Cabilida, Jr. y Candawan, G.R. No. 222964.
July 11, 2018
Rape-Credibility of witness
o People of the Philippines Vs. Rogelio Baguion, G.R. No. 223553. July 4, 2018

Sexual Abuse in Children, Read R.A. 7610

o People vs. Jalosjos, G.R. Nos. 132875-76, November 16, 2001


o People vs. Larin, G.R. No. 128777, October, 7 1998
o Caballo vs. People, GR No. 198732, June 10, 2013

Rules, which offense to charge?

o Dimakuta vs. People, G.R. No. 206513, October 20, 2015


o People v. Matias, G.R. No. 186469, June 13, 2012
o Alberto vs. Hon. Court of Appeals, G.R. No. 182130, June 19, 2013
o People vs. Chingh, G.R. No. 178323, March 16, 2011
o People vs. Bonaagua, G.R. No. 188897, June 6, 2011

Latest Rule
o People vs. Udang, G.R. No. 210161, January 10, 2018

Article 266-B. Penalties

Article 266-C. Effect of Pardon

Article 266-D. Presumptions

o People vs. Sabadlab, G.R. No. 175924, March 14, 2012

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