Professional Documents
Culture Documents
07 Crimes Against Persons
07 Crimes Against Persons
*Cagoco
Treachery
The essence of treachery is a deliberate and
sudden attack that renders the victim unable
and unprepared to defend himself by reason
of the suddenness and severity of the attack.
(Pp vs Lopez, GR No. 177302, Apr 16, 2009)
Killing was preceded by a fight.
• There may still be treachery even if,
before the assault, the assailant and
the victim had an altercation and a
fisticuffs and, after the lapse of
some time from the said altercation,
the assailant attacks the
unsuspecting victim without
affording the latter any real chance
to defend himself. (Pp vs. Lacaden,
GR No. 187682, Nov. 25, 2009)
Several qualifying circumstances.
“The trial court ruled that the crime committed was
murder after finding that the killings were attended
by treachery, evident premeditation, dwelling and
price or reward. Only one aggravating circumstance
is enough to qualify the killing to murder, the rest
constitute generic aggravating circumstances.” (PAÑA
vs. JUDGE BUYSER, G.R. No. 130144, May 24, 2001)
Taking advantage of superior
strength.
To take advantage of superior strength is to use
force out of proportion to the means available
to the person attacked to defend himself. In
order to be appreciated, it must be clearly
shown that there was deliberate intent on the
part of the malefactors to take advantage
thereof. (Pp vs Regalario, GR No. 174483, Mar
31, 2009)
Taking advantage of superior
strength.
To appreciate the attendant circumstance of abuse of
superior strength, what should be considered is whether
the aggressors took advantage of their combined
strength in order to consummate the offense. Mere
superiority in number is not enough to constitute
superior strength. There must be clear proof that the
assailants purposely used excessive force out of
proportion to the defense available to the person
attacked. Pp vs Amodia, GR No. 177356, Nov 20, 2008
Qualifying circumstances must be
proved.
It is an ancient but revered doctrine that
qualifying and aggravating circumstances
before being taken into consideration, for the
purpose of increasing the penalty to be
imposed, must be proved with equal certainty
as those which establish the commission of
the criminal offense. (Pp vs Abdulah, GR No.
182518, Jan 20, 2009)
Sec. 8 and 9, Rule 110, RROC.
Sec. 8. Designation of the offense – “…specify its
qualifying and aggravating circumstances.
Sec. 9. Cause of the accusation – “…the
qualifying and aggravating circumstances must
be stated in ordinary and concise language…”
Ultimate facts must be alleged.
• “…to merely state in the information that treachery was attendant is
not enough because the usage of such term is not a factual averment
but a conclusion of law…(People v. Solar y Dumbrique, G.R. No.
225595, August 6, 2019)
Art. 249. Homicide.
The elements of homicide are as follows: 1) a
person was killed; 2) the accused killed him
without any justifying circumstance; 3) the
accused had the intention to kill, which is
presumed; and 4) the killing was not attended
by any of the qualifying circumstances of
murder, or by that of parricide or infanticide.
(Villamor vs Pp, GR No. 182156, Nov. 25,
2009)
Intent to kill
• Intent to kill - specific intent
which the prosecution must
prove by direct or circumstantial
evidence,
• General criminal intent -
presumed from the commission
of a felony by dolo.
• Intent to kill is conclusively
presumed when the victim dies.
Establishing intent to kill.
“…the means used by the malefactors, the nature, location
and number of wounds sustained by the victim, the
conduct of the malefactors before, at the time, or
immediately after the killing of the victim, the
circumstances under which the crime was committed
and the motives of the accused.” RIVERA vs. PP, G.R. No.
166326, Jan 25, 2006.
Inconsistent with negligence.
No such felony as Reckless imprudence resulting
in attempted homicide.
If there is intent(dolo) it follows that there can
be no culpa.
Art. 251. Death caused in a
tumultuous affray.
• Several individuals involved
that do not constitute
organized groups.
• They fight or quarrel in a
confused and tumultuous
manner.
• Someone is killed in the fight
and the one responsible
cannot be ascertained.
Offender
1. One who inflicted serious physical injuries
on the victim, or
2. One who used violence on the victim.
Also committed:
- Physical injuries do not incapacitate the victim for
labor nor require medical attendance.
- Maltreatment is when the act of the offender does
not cause any injury.
Art. 266-A. Rape.
Par. 1. Committed by a man having sexual intercourse
with a woman:
- Through force or intimidation;
- Woman is deprived of reason/unconscious;
- By means of fraudulent machination or
grave abuse of authority;
- Offended party is under 12 years old or
demented (statutory rape)
Art. 266-A. Rape, par. 2 Sexual
Assault. (RA 8353, Oct. 22, 1997)
Committed by any person who:
1. Inserts penis into the mouth or anal orifice;
2. Inserts instrument or object into the genital or anal
orifice of another ( does not include the mouth)
Offender – any person
Offended party – any person
Gravamen of the offense, rape.
The gravamen of the offense of rape is sexual
intercourse without consent. In the instant
case, accused-appellant obtained carnal
knowledge of private complainant by the use
of force, threat, and intimidation. (Pp vs
Nogpo, GR No. 184791, Apr 16, 2009)
Carnal knowledge
“Carnal knowledge” = sexual intercourse.
Requires penetration.
Penetration.
As we have said in unnumbered cases, full or deep
penetration is not necessary to consummate sexual
intercourse; it is enough that there is the slightest
penetration of the male organ into the female sex
organ. The mere touching by the male organ of the
labia of the pudendum of the woman’s private part is
sufficient to consummate rape. (Pp vs Castro, GR No.
172874, Jan 17, 2008)
Touching/Introduction
• Judicial depiction of consummated rape under Article 266-A has not
been confined to the oft-quoted "touching of the female organ," but
has also progressed into being described as "the introduction of the
male organ into the labia of the pudendum." Thus, there has to be at
least the introduction of the male organ into the labia majora of the
pudendum to be sufficient to consummate rape under Article 266-A,
paragraph 1of the RPC. (Pp vs CCC, GR No. 228822, Jun 19, 2019)
Attempted Rape.
• Attempted rape is committed, therefore, when the "touching" of the
vagina by the penis is coupled with the intent to penetrate. The intent
to penetrate is manifest only through the showing of the penis
capable of consummating the sexual act touching the external
genitalia of the female. Without such showing, only the felony of acts
of lasciviousness is committed. (Cruz y Bartolome v. People, G.R. No.
166441, October 8, 2014)
Force, threat or intimidation.
Force need not be irresistible.
That degree of force necessary to bring about
the desired result.
Degree of force.
What is essential here is that the offender
employed sufficient force to enable him to
have sexual intercourse with the victim. Force
should not be equated with lack or absence of
resistance on the part of the victim. “Besides,
physical resistance is not an essential element
of rape.” Pp v Arraz, Oct 24, 2008, GR No.
183696.
Moral ascendancy.
Moral ascendancy can take the place of force and
intimidation in certain cases like in incestuous rape.