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The document outlines various criminal offenses under the law, including definitions and elements of crimes such as rape, parricide, infanticide, robbery, theft, swindling, acts of lasciviousness, kidnapping, and murder. Each crime is defined with specific elements that must be proven for conviction. The document serves as a legal reference for understanding the nature and classification of these offenses.

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Patricia Solomon
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9 views4 pages

Document (1)

The document outlines various criminal offenses under the law, including definitions and elements of crimes such as rape, parricide, infanticide, robbery, theft, swindling, acts of lasciviousness, kidnapping, and murder. Each crime is defined with specific elements that must be proven for conviction. The document serves as a legal reference for understanding the nature and classification of these offenses.

Uploaded by

Patricia Solomon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Criminal Law 2

ART. 266-B. RAPE:

Acts Punished
1. Rape through sexual intercourse without consent of the woman:
(Traditional Rape)
ELEMENTS
a. Offender is a man;
b. Offender had carnal knowledge of a woman;
c. Such act is accomplished under any of the
following circumstances:
i. By using force, threat or intimidation;
ii. When the woman is deprived of reason or is otherwise unconscious;
iii. By means of fraudulent machination or grave abuse of authority;
iv. When the woman is under 12 years of age (Statutory Rape) or is
demented, even though none of the circumstances mentioned above
are present

2. Rape Through Sexual Assault


ELEMENTS
a.Offender commits an act of sexual assault;
b.The act of sexual assault is committed by any of the following
means:
i. By inserting his penis into another person's mouth or anal orifice of
another person;
ii. By inserting any instrument or object into the genital or anal orifice
of another person.
c.The act of sexual assault is accomplished under any of the following
circumstances:
i. By using force or intimidation; or
ii. When the woman is deprived of reason
or otherwise unconscious; or
iii. By means of fraudulent machination or
grave abuse of authority; or
iv. When the woman is under 12 years of
age or demented.

ART. 246 PARRICIDE


DEFINITION:
Refers to offense/crime of killing another who may be a spouse or a
direct blood ascendant or descendant.
ELEMENTS
a. A person is killed;
b. Deceased is killed by the accused; and
c. Deceased is the father, mother or child, whether
legitimate or illegitimate, or a legitimate ascendant or descendant, or
legitimate spouse of the accused.

ART. 255 INFANTICIDE


DEFINITION:
The killing of any child less than three (3) days of age, whether the
killer is the parent or grandparent, any other relative of the child, or a
stranger.
ELEMENTS
a. A child was killed by the accused;
b. The deceased child was less than 3 days old,
and
c. That the accused killed the said child.
NOTE: The penalty will correspond to that of parricide if the accused is
related to the child within the degree of relationship defined in
parricide and if the offender is a stranger, the penalty corresponding to
that of murder.

ART. 293 ROBBERY


DEFINITION:
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
a. That there be personal property belonging to another;
b. That there is unlawful taking of that property;
c. That the taking must be with intent to gain; and
d. That there is violence against or intimidation of
any person or force upon things

ART. 308 THEFT


DEFINITION:
Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things

ELEMENTS:
a. That there be taking of personal property;
b. That said property belongs to another;
c. That the taking be done with intent to gain;
d. That the taking be done without the consent of
the owner;
e. That the taking be accomplished without the use
of violence against or intimidation of persons or force upon things.

ART. 315. SWINDLING (ESTAFA)


DEFINITION
Article 315 of the Revised Penal Code. Estafa involves the fraudulent
appropriation of property, money, or goods belonging to another
person through deceit, abuse of confidence, or other fraudulent means
ELEMENTS
a. That the accused defrauded another by abuse of confidence, or by
means of deceit;
b. That damage or prejudice capable of pecuniary estimation is caused
to the offended party or third persons

ART. 336. ACTS OF LASCIVIOUSNESS


DEFINITION:
Any person who shall commit any act of lasciviousness upon other
persons of either sex, under any of the circumstances mentioned on
the preceding article, shall be punished by prision correccional.

ELEMENTS:
a. That the offender commits any act of lasciviousness of lewdness.
b. That the act of lasciviousness is committed against a person of
either sex.
c. That it is done under any of the following circumstances:
i. By using force or intimidation; or
ii. When the offended party is deprived of
reason or otherwise unconscious;
iii. By means of fraudulent machination or grave abuse of authority;
iv. When the offended party is under 12 years of age or is demented.

ART. 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION

DEFINITION:
Where the person kidnapped or detained is a minor and the accused is
any of his parents, there is no crime of kidnapping.
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 (becomes serious):
i. The kidnapping lasts for more than 3 days;
ii. it is committed simulating public authority;
iii. Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
iv. The person kidnapped or detained is a minor (except if parent
is the offender), female, or a public officer

ART. 248. MURDER


DEFINITION:
Article 248 of the Revised Penal Code (RPC), as amended, provides
that murder is committed when a person kills another (without lawful
justification and outside the scope of parricide or infanticide) and any
of the following enumerated circumstances is attendant in the
commission of the crime.
ELEMENTS:
a. A person was killed;
b. The accused killed him;
c. The killing is attended by any of the following
qualifying circumstance:
i. With treachery, taking advantage of
superior strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons to insure
or afford impunity;
ii. In consideration of a price, reward or promise;
iii. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall of
an airship, by means of motor vehicles, or with the use of any
other means involving great waste and ruin;
iv. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity;
v. With evident premeditation;
vi. With cruelty, by deliberately and
inhumanly augmenting the suffering of the victim or outraging or
scoffing at his person or corpse.

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