Mutilation, Serious Physical Injuries, and Related Topics PDF

MUTILATION ==========  MUTILATION ========== 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction 2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offe...

MUTILATION ==========  MUTILATION ========== 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction 2. Intentionally making another mutilation, i.e. lopping, 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 the body 1. There be a castration i.e. mutilation of organs necessary for generation 2. Mutilation is caused purposely and deliberately  SERIOUS PHYSICAL ================ INJURIES 1. Wounding 2. Beating 3. Assaulting 4. Administering injurious substances - In one case, the accused, while conversing with the offended party, drew the latter's bolo from its scabbard. The offended party caught hold of the edge of the blade of his bolo and wounded SERIOUS PHYSICAL ================ INJURIES - The crime of physical injuries is a crime of result because under our laws the crime of physical injuries is based on the gravity of the injury sustained. So this crime is always consummated. - IMPOTENT should include inability to copulate and sterility - BLINDNESS requires lost of vision in both eyes. Mere weakness in vision is not contemplated - Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3 - Loss of use of hand or incapacity of usual work in par 2 must  SERIOUS PHYSICAL ================ INJURIES 1. Injured person becomes insane, imbecile, impotent or blind 2. Injured person -- loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg; loses the use of any such member. 3. becomes incapacitated for the work in which he had been 4. Injured person -- becomes deformed; loses any other member of his body; loses the use thereof 5. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 6. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days) SERIOUS PHYSICAL ================ INJURIES - DEFORMITY: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible - The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity - Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature - Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity ### LESS SERIOUS PHYSICAL INJURIES 1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time 2. That the physical injuries must not be those described in the preceding articles 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 either the offender's parents, ascendants, 4. when the victim is a person of rank or person in authority, provided the crime is not direct assault ### LESS SERIOUS PHYSICAL INJURIES - It falls under this article even if there was no incapacity but the medical treatment was for 13 days - In this article, the offended party is incapacitated from work for ten (10) days or more but not more than thirty SLIGHT PHYSICAL =============== INJURIES 1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period 2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. Black-eye) 3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor) - This involves even ill-treatment where there is no sign of injury requiring medical treatment. - Slapping the offended party is a form of ill-treatment which is a form of slight physical injuries. RAPE ==== 1. By a man who 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  RAPE ==== - his penis into another person's mouth or anal - any instrument or object, into the genital or anal orifice of another person RAPE ==== - Because of this amendment which reclassified rape as a crime against persons, an impossible crime may now be committed in case of rape; that is, if there is inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. - Traditional concept under Article 335 -- carnal knowledge with a woman against her will. The offended party is always a woman and the offender is always a man. - Sexual assault - committed with an instrument or an object or use of the penis with penetration of mouth or anal orifice. The offended party or the offender can either be man or woman, that is, if a woman or a man uses an instrument on anal orifice of male, she or he can be liable for rape.  ### KIDNAPPING AND SERIOUS ILLEGAL DETENTION 1. Offender is a private individual 2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty 3. The act of detention or kidnapping must be illegal 4. That in the commission of the offense, any of the following 5. that the kidnapping/detention lasts for more than 3 days 6. that it is committed simulating public authority 7. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or 8. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer ### KIDNAPPING AND SERIOUS ILLEGAL DETENTION - Forcible abduction \-- If a woman is transported from one place to another by virtue of restraining her of her liberty, and that act is coupled with lewd designs. - Serious illegal detention -- If a woman is transported just to [restrain her of her liberty]. There is [no] lewd design or lewd intent. - Grave coercion -- If a [woman is carried away] just to break her will, to compel her to agree to the demand or request by the offender. SLIGHT ILLEGAL DETENTION ======================== 1. Offender is a private person 2. He kidnaps or detains another or in any other maner deprives him of his liberty / furnished place for the perpetuation of the crime 3. That the act of detention or kidnapping must be illegal 4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267 UNLAWFUL ARREST =============== 1. That the offender arrests or detains another person 2. That the purpose of the offender is to deliver him 3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor  UNLAWFUL ARREST =============== - This felony consists in making an arrest or detention without legal or reasonable ground for the purpose of delivering the offended party to the proper authorities. - The offended party may also be detained but the crime is not illegal detention because the purpose is to prosecute the person arrested. The detention is only incidental; the primary criminal intention of the offender is to charge the offended party for a crime he did not actually commit. ### QUALIFIED TRESPASS TO DWELLING 1. That the offender is a private person. 2. That he enters the dwelling of another. 3. That such entrance is against the latter's will.  ### QUALIFIED TRESPASS TO DWELLING - Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is higher - "Against the will" \-- This means that the entrance is, either expressly or impliedly, prohibited or the prohibition is presumed. Fraudulent entrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance. ### QUALIFIED TRESPASS TO DWELLING  ### MALICIOUS MISCHIEF 1. That the offender deliberately caused damage to the property of another. 2. That such act does [not constitute arson] or other crimes involving destruction. 3. That the act damaging another's property be committed - MALICIOUS MISCHIEF -- willful damaging of another's property for the sake of causing damage due to hate, revenge or other evil motive. Example. Killing the cow as revenge - If no malice -- only civil liability SPECIAL CASES OF MALICIOUS MISCHIEF =================================== 1. Obstruct performance of public functions. 2. Using poisonous or corrosive substances. 3. Spreading infection or contagious among cattle. 4. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing used in common by the public.  OTHER MISCHIEF ============== 1. scattering human excrement 2. killing of cow as an act of revenge - The offender is punished according to the value of the ADULTERY ======== 1. That the woman is married (even if marriage subsequently declared void) 2. That she has sexual intercourse with a man not her 3. That as regards the man with whom she has sexual intercourses, he must know her to be married.  CONCUBINAGE =========== 1. That the man must be married. 2. That he committed any of the following acts: Keeping a mistress in the conjugal dwelling; Having sexual intercourse under scandalous circumstances with a woman who is not his wife; Cohabiting with her in any other place. 3. That as regards the woman she must know him to be married. BIGAMY ====== 1. That the offender has been legally married. 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code. 3. That he contracts a second or subsequent marriage. 4. That the second or subsequent marriage has all the essential requisites for validity.  BIGAMY ====== - Bigamy is a PUBLIC CRIME - In Bigamy, the first marriage must be valid. However, if the first marriage is void from the beginning, such nullity of the marriage is not a defense in a charge of bigamy. - There is a need for judicial declaration of nullity therefore. - The second marriage must have all the essential requisites for validity were it not for the existence of the first marriage. ACTS OF LASCIVIOUSNESS ====================== 1. That the offender commits any act of lasciviousness or lewdness. 2. That it is done under any of the following circumstances: by using force or intimidation, or; when the offended party is deprived of reason or otherwise unconscious, or; when the offended party is under 12 years of age. 3. That the offended party is another person of  ### QUALIFIED SEDUCTION OF A VIRGIN - Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and - Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction) ### QUALIFIED SEDUCTION OF A VIRGIN 1. That the offended party is a virgin, (presumed if she unmarried and of good reputation.) 2. That she must be over 12 and under 18 years of 3. That the offender has sexual intercourse with her. 4. That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant)  FORCIBLE ABDUCTION ================== 1. That the person abducted is any woman, regardless of her age, civil status, or reputation. 2. That the abduction is against her will. 3. That the abduction is with lewd designs. - Sexual intercourse is NOT necessary - Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction CONSENTED ABDUCTION =================== 1. That the offended party must be a virgin. 2. That she must be over 12 and under 18 years of age. 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. 4. That the taking away of the offended party must  CONSENTED ABDUCTION =================== - VIRGINITY may be presumed from the fact that the offended party is unmarried and has been leading moral life. Virginity or maidenhood should not be understood in such a matter of fact as to completely exclude a woman who has had previous sexual intercourse. If the previous sexual intercourse was the result of the crime of rape, the intercourse committed with her against he will and over her violent objection should not render her unchaste and a woman of bad reputation. - If the virgin in under 12 years old, the crime committed is forcible abduction because of the theory that a child below 12 years of age has no will of her own. WHITE SLAVE TRADE ================= 1. Engaging in the [business of prostitution] 2. Profiting by prostitution 3. Enlisting the [service of women] for the purpose of - A [white slave is a woman] held unwillingly for purposes of commercial prostitution. - A [white slaver] on the other hand is one engaged in white slave traffic, procurer of white slaves or prostitutes.  WHITE SLAVE TRADE ================= - The most common way of committing this crime would be through the maintenance of a bar or saloon where women engage in prostitution. For each intercourse, the women pay the maintainer or owner of a certain amount in this case, the maintainer of owner of the bar or saloon is liable for white slave trade. CORRUPTION OF MINORS ==================== - By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another - It is not required that the offender be the guardian - It is not necessary that the minor be prostituted or corrupted as the law merely punishes the act of promoting or facilitating the prostitution or corruption of said minor and that he acted in order to satisfy the lust of another.  CORRUPTION OF MINORS ==================== - A single act of promoting or facilitating the corruption or prostitution of a minor is sufficient to constitute violation of this article. - What the law punishes is the act of pimp (bugaw) who facilitates the corruption of a minor. - \* Young minor should enjoy a good reputation. Apparently, a prostitute above 12 and under 18 years of age cannot be the victim in the crime of corruption of minors. LIBEL ===== 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances. 2. That the [imputation must be made publicly.] 3. That it must be malicious. 4. That the imputation must be directed at a natural or juridical person, or one who is dead. 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed.  LIBEL ===== - LIBEL is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead - Libel/Perjury-false accusation need not be made under oath/false accusation is made under oath ### PERSONS RESPONSIBLE FOR LIBEL 1. person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means(par.1) 2. author or editor of a book or pamphlet 3. editor or business manager of a daily newspaper magazine or serial publication(par.2) 4. owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz)  ORAL DEFAMATION / ================= SLANDER 1. action of a serious and insulting nature (Grave slander) 2. light insult or defamation -- not serious in nature (simple slander) 1. expressions used 2. personal relations of the accused and the offended party 3. circumstances surrounding the case SLANDER BY DEED =============== 1. That the offender performs any act not included in any other crime against honor. 2. That such act is performed in the presence of other 3. That such act casts dishonor, discredit or contempt upon the offended party. - Slander by deed is a defamation committed by the offender against the complainant through the performance of any act which casts dishonor, discredit or contempt upon another person.  ### INCRIMINATING INNOCENT PERSON 1. That the offender performs an act. 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. 3. That such act does not constitute perjury. 1..