Nurses and Criminal Law PDF

CHAPTER 13 Nurses and Criminal Law BOOK ONE: GENERAL PROVISIONS  13.1 Application of the Provisions of the Revised Penal Code 13.1.1 Application of the Provisions of the Revised  Penal Code -Except as provided in the treaties and laws of preferential application, the provisions of this Code...

CHAPTER 13 Nurses and Criminal Law BOOK ONE: GENERAL PROVISIONS  13.1 Application of the Provisions of the Revised Penal Code 13.1.1 Application of the Provisions of the Revised  Penal Code -Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 13.1.1.1 Should commit an offense while on a Philippine ship or airship; 13.1.1.2 Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;  13.1.1.3 Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 13.1.1.4 While being public officers or employees, should commit an offense in the exercise of their functions; or 13.1.1.5 Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of the Revised Penal Code.  13.1.2 Criminal Law- that branch or division of law which defines crimes, treats of their nature and provides for their punishment.  13.1.3 Limitations on the Power of Congress to Enact Penal Laws 13.1.3.1 No ex post facto law shall be enacted. 13.1.3.2 No bill of attainder shall be enacted. 13.1.3.3 No law that violates equal protection clause of the constitution shall be enacted. 13.1.3.4 No law which imposes cruel and unusual punishments nor excessive fines shall be enacted.  13.1.3.4 No law which imposes cruel and unusual punishments nor excessive fines shall be enacted. 13.1.4 Characteristics of Criminal Law 13.1.4.1 General- it is binding on all persons who live or sojourn in the Philippine territory. Exceptions: 13.1.4.1.1 Treaty stipulations 13.1.4.1.2 Laws of preferential application 13.1.4.1.3 Principles of Public International Law 13.1.4.2 Territorial- penal laws of the Philippines are enforceable only within its territory except in the instances provided for in Article 2, Revised Penal Code (RPC). 13.1.4.3 Prospective- penal laws cannot make an act punishable in a manner in which it i‘s‘ not punishable when committed except when the new law is favourable to the accused. Exceptions to the exception are (1) when the new law is expressly 'made inapplicable to pending actions or existing causes of actions and (2) when the offender is a habitual criminal. 13.2.4 Elements of Felonies There must be an act or omission, 1.e., there must be external acts. The act or omission must be punishable by the R FC. The act is performed or the omission occurred by means of dolo or culpa. 13.2.5 Criminal Liability - Criminal liability shall be incurred By any person committing a felony (delito) although the wrongful act done be different from that which he intended. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. 13.2.64 Aberratio Ictus- means mistake in the blow, characterized by aiming at one but hitting the other due to imprecision in the blow.246 13.2.7 Error in Personae- means mistake in the identity of the victim. 13.2.8 Consummated, Frustrated, and Attempted Felonies- Consummated felonies, as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the Commission of a felony directly or overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. 13.2.9 Conspiracy and Proposal to Commit Felony- Conspiracy and proposal to commit felony are punishable only in cases in which the law specially provides a penalty therefor. A conspiracy exist when two or more person come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. 13.2.10 Grave Felonies, Less Grave Felonies and Light Felonies – Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code. less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with Article 8 of the Revised Penal Code. Light felonies are those infractions of law for the commission of which the penalty of arresto manor or a fine not exceeding 200 pesos or both, is provided. 13.2.14 Elements of Accident without Fault or Intention of Causing It A person is performing a lawful act. With due care. He causes injury to another by mere accident. Without fault or intention of causing it. 13.2.15 Elements of a Person who Acts under the Compulsion of an Irresistible Force That the compulsion is by means of physical force. That the physical force must b8 irresistible. That the physical force must come from a third person. 13.2.16 Elements of Uncontrollable Fear That the threat which causes the fear is of an evil greater than, or at least equal to, than that which he required to commit. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. 13.2.17 Elements of Insuperable (impossible to overcome) Cause That an act is required by law to be done. That a person fails to perform such act. That his failure to perform such act is due to some lawful or insuperable cause. 13.2.18 Entrapment vs. Instigation ENTRAPMENT INSTIGATION (causing a thing to happen Ways and means Instigator induces the are resorted to for would-be accused to the capture of commit the crime, lawbreaker in the hence he become a co- execution of his principal. criminal plan. Not a bar to the It will result in the prosecution and acquittal of the conviction of the accused. lawbreaker  accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, 1egitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. 13.4 Penalties 13.4.1 Reclusion Perpetua. The penalty for reclusion perpetua shall be from twenty years and one day to forty years (As amended by Section 17, RA. 7659). 13.4.2 Reclusion Temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty years. 13.4.3 Prision Mayor and Temporary Disqualification. The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. 13.4.4 Prision Correccional, Suspension, and Destierro. The duration of the penalties of prison correcional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. 13.4.5 Arresto Mayor (a legal term that means imprisonment or complete loss of liberty. It is correctional penalty in the RPC -The duration of the penalty of arresto mayor shall be from one month and one day to six months. Ex. In any meeting, association or public place, a person make any outcry tending to incite rebellion or sedition or in such places shall display any placards or emblems which provoke a disturbance of the public order  13.4.6 Arresto Menor (a light penalty in the Philippines –The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to Keep the Peace shall be required to cover such period of time as the court may determine. Ex. Alarms & scandals. Discharging a firearm, rocket, firecracker, or other explosives in a public place to cause alarm or danger. Instigating disorderly meetings that offends others or disturbs public tranquility. Disturbing public peace. Wandering about at night or engaging in nocturnal amusements that disturb public peace. Causing public disturbance while intoxicated. Slight physical injuries. Theft of a thing worth not over 5 pesos. 13.5 Extinction of Criminal Liability How Criminal Liability Is Totally Extinguished.– Criminal liability is totally extinguished: By the death of the convict, as to the personal penalties and as to pecuniary penalties ,liability therefor is extinguished only when the death of the offender occurs before final judgment. By service of the sentence; By amnesty (the act of an authority as a government by which pardon is granted to a large group of individuals), which completely extinguishers the penalty and all its effects; By absolute pardon; By prescription of the crime; By prescription of the penalty; By the marriage of the offended woman, as provided in Article 344 of the Revised Penal Code. 13.5.2 Partial Extinction of Criminal Liability- Criminal liability is extinguished partially: By conditional pardon; By commutation of the sentence; and For good conduct allowances which the culprit may earn while he is serving his sentence  BOOK TWO: CRIMES RELATED TO NUR SING PRACTICE 13.6 Crimes Against Public Interest Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister:271 1. Counterfeiting or imitating any handwriting, signature or rubric; 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; 4. Making untruthful statements in a narration of facts; 5. Altering true dates; 6. Making any alteration or intercalation (to insert) in a genuine document which changes its meaning; 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; 8.1nterca1ating instrument or note relative to the issuance thereof in a protocol, registry, or official book. 13.6.2 Elements of Falsification by Public Officer, Employee or Notary or Ecclesiastical Minister That the offender is a public officer, employee or notary public or ecclesiastical minister That he takes advantage of his official position, i.e., when (i) he has the duty to make or prepare or otherwise intervene in the preparation of the document; or (ii) he has the official custody of the document which he falsifies. 1. 3. The offender falsifies a document which is any written statement by which a right is established or an obligation extinguished or by which a fact may be proven or affirmed. 13.6.3 Falsification by Private Individual and Use of Falsified Documents. The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon: Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. 1. 3. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. 13.6.4 Elements of Falsification by Private Individual and Use of Falsified Documents 1. The offender is a private individual or a public officer or employee who did not take advantage of his official position. 2. That he committed any of the acts of falsification enumerated in Article 171 of the Revised Penal Code. 3. That the falsification was committed in a public or official or commercial document. 13.6.5 False Medical Certificates, False Certificates of Merits or Service, etc.273 The penalties of arresto mayor in its maximum period to prision correccional (suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage) in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon: Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and 1. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. Prison correccional: Sedition- incitement to sedition including through speeches, writings or other means can result in its maximum period. Public office misconduct – public officer or employee who expels someone from the Philippines or forces them to change their residence without legal authority. Religious worship - public officer or employee who prevents or disturbs religious ceremonies can be punish in its minimum period. Adultery and concubinage – correccional exceeds 18 months, the offender may also be suspended from public office, lose their right to practice a profession, and be permanently disqualified from voting.  13.6.6 Using False Certificates _ The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article. 13.6.7 Elements of Using False Certificates That a false certificate mentioned in Article 174 of the Revised Penal Code was issued. That the offender knew that the certificate was false. 1. That he used the same. 13.1 Crimes Against Persons 13.7.1 Parricide. -Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. 13.7.2 Elements of Parricide 1. That a person is killed. 2. That the deceased is killed by the accused. 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused. 13.7.3 Murder -Any person who, not falling within the provisions of Article 246 of the Revised Penal Code, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua if committed with any of the following attendant circumstances: 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. In consideration of a price, reward, or promise. 1. 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. 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. With evident premeditation. 4. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. 13.7.4 Elements of Murder 1. That a person was killed. 2. That the accused killed him. 3. Get lost That the killing was attended by any of the qualifying circumstances mentioned in Art. 48, RPC. 4. That the killing is not parricide or infanticide. 13.7.5 Homicide – Any person who, not failing within the provision of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. 13.7.6 Elements of Homicide That a person was killed. That the accused killed him without any justifying circumstance. That the accused had the intention to kill, which is presumed. 1. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. 13.7.7 Giving Assistance to Suicide. Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicid e is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed. 13.7.8 Euthanasia (Mercy Killing) is the practice 9f Painlessly putting to death a person suffering from some incurable disease. 13.7.9 What is the difference between assisted Suicide and euthanasia? Assisted suicide has occurred when a person typically someone suffering from an incurable illness or chronic intense pain intentionally kills himself with the help of another individual. Example, A doctor may prescribe drugs with the understanding that the patient plans to use them to overdose fatally. Or a doctor may insert an intravenous needle into the arm of a patient, who then pushes a switch to trigger a fatal injection. Assisted suicide differs from euthanasia, when someone other than the patient ends the patient’s life as painlessly as possible out of mercy. Euthanasia may be active, such as when a doctor gives a lethal injection to a patient. It can also be passive, in cases where a physician doesn’t resuscitate a patient whose heart has stopped. Or it can happen when a doctor removes life support equipment. 3.7.10 Why is assisted suicide an issue? People who want assisted suicide to be legalized believe that individuals should be able to control the time and circumstances of their own deaths. Some argue that actively causing one’s own demise is no different from refusing life saving treatment. Opponents fear that vulnerable individuals may be coerced into assisted suicide to ease the financial burden of caring for them. They are also worried that assisted suicide would ease pressure to provide better palliative care and for new cures and therapies. Religious opponents argue that God, not humans, should decide the time for death. And many medical professionals maintain it is never morally permissible for doctors to help kill a patient. 13.7.11 Where is euthanasia and assisted suicide legal? Only three places besides Oregon openly and legally authorize assisted suicide: The Netherlands: Introduced specific legislation to legalize assisted suicide and active euthanasia in 2002, but the country’s courts have permitted them there since 1984. The Dutch laid out narrow guidelines for doctors: the patient, who must be suffering unbearably and have no hope of improvement, must ask to die. The patient must clearly understand the condition and prognosis and a second doctor must agree with the decision to help the patient die. Belgium: Legalized euthanasia in 2002, but the laws seem to encompass assisted suicide as well. Two doctors must be involved, as well as a psychologist if the patient’s competency is in doubt. The doctor and patient negotiate whether death is to be by lethal injection or prescribed overdose. Switzerland: Has allowed physician and non-physician assisted suicide since 1941, but prohibits euthanasia. Three right-to-die organizations in the country help terminally ill people by providing counselling and lethal drugs. Death by injection is banned. Elsewhere: Many countries seem to show slow movement toward legalizing assisted suicide and euthanasia, including in: Luxembourg, where legislation that would have permitted euthanasia was lost by a single vote in March 2003. England, where legislation that would legalize assisted suicide for the terminally ill was introduced into parliament in September 2004. 13.7.12 Infanticide. The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal (As amended by RA. 7659) 13.7.13 Elements of Infanticide 1. That a child was killed. 2. That the deceased child was less than three days (72 hours) of age. 3. That the accused killed the said child. 4. 13.7.14 Intentional Abortion. Any person who shall intentionally cause an abortion shall suffer: 5. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman. 2. The penalty of prision mayor if, without violence, he shall cause the abortion without the consent of the woman. 3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented. 13.7.15 Abortion is the termination of pregnancy before the age of viability (first 12-24 weeks or 3-6 months). The death of a fetus of a pregnant woman may be unintentional (miscarriage) or intentional. Intentional abortion is using any violence on a pregnant woman or administering drugs to a pregnant woman without her consent. In medical science, the term abortion means the expulsion of the product of conception before the child is viable; when this occurs during the first three months, it is termed abortion; from this time to viability, it is termed miscarriage; and from the period of viability to full term, premature delivery. 13.7.16 Elements of Intentional Abortion 1. That there is a pregnant woman. 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman. 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. 4. That the abortion is intended. 13.7.17 Unintentional Abortion. The penalty of prision correccional in its minimum and medium periods shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. 13.7.18 Elements of Unintentional Abortion 1. That there is a pregnant woman. 2. That violence is used upon such pregnant woman without intending an abortion. 3. That the violence is intentionally exerted 4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom. 13.7.19 Abortion Practiced by the Woman Herself or by Her Parents. The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Any woman who shall commit this offense to conceal her dishonor shall suffer the penalty of prision correccional in its minimum and medium periods. If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor,the offenders shall suffer the penalty of prision correccional in its medium and maximum periods. 13.7.20 Element of Abortion Practiced by the Woman Herself or Her Parents 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended. 3. That the abortion is caused by (i) the pregnant woman herself; (ii) any other person, with her consent; or (iii) any of her parents, with her consent for the purpose of concealing her dishonor. 13.7.21 Abortion Practiced by a Physician or Midwife and Dispensing of Abortives. The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos. 13.7.22 Elements of Abortion Practiced by a Physician or Midwife 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended. 3. That the offender, who must be a physician or midwife, causes, or assists in causing the abortion, 4. The said physician or midwife takes advantage of his or her scientific knowledge or skill. 13.7.23 Elements of Dispensing of Abortives 1. That the offender is a pharmacist. 2. That there is no proper prescription from a physician. 3. That the offender dispenses any abortive. 13.7.24 Mutilation. -is the lopping or the clipping of some part of the body. The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods. 13.7.26 Kinds of Mutilation: 1. By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction. 2. By intentionally making other mutilation, that is, by lopping 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 the body. 13.7.27 Elements of Mutilation of Some Essential Organ for Reproduction 1. That there be a castration, that is, mutilation of organs necessary for generation, such as penis or ovarium. 2. 2.That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction. 13.7.28 Serious Physical Injuries.- Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer: 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; 2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; 3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days; 4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.  13.7.29 Administering Injurious Substances or Beverages.-The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. 13.7.30 Elements of Administering Injurious Substances or Beverages 1. That the offender inflicted upon another any serious physical injury 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity. 3. That he had no intent to kill. 13.7.31 Less Serious Physical Injuries. Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor (1 month & 1 day to 6 months). Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed. Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators, teachers, or persons of rank , or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such persons. 13.7.32 Elements of Less Serious Physical Injuries That the offended party is incapacitated for labor for 10 days or more but not more than 30 days, or needs attendance for the same period. The physical injuries must not be those described in the preceding articles 13.7.33 Slight Physical Injuries and Maltreatment. The crime of slight physical injuries shall be punished: By arresto menor (1 day to 30 days) when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period By arresto menor or a fine not exceeding 200 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance 1. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall illtreat another by deed without causing any injury.  13.7.34 The Anti-Rape Law of 1997. Republic Act N o. 8353, The Anti-Rape Law of 1997. Rape: When And How Committed. Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: 2) Through force, threat, or intimidation; 3) When the offended party is deprived of reason or otherwise unconscious; a) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. Penalty. Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. ”Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. ”When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.  ”When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. ”When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. ”The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/ qualifying circumstances: 1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; 2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; 3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; 4. When the victim is religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; "5) When the victim is a child below seven (7) years old; "6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transrnissible disease and the virus or disease is transmitted to the victim; ”7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; ”8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability; ”9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and ”10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. ”Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.  Effect of Pardon. The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. ”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 action or the‘ penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio. 13.7.36. Elements of Rape. 1. The offender had carnal knowledge of a woman or committed an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. 2. The carnal relation or sexual assault was made by the offender under any of the following circumstances: a) Use of force or intimidation. b) The woman is deprived of her reason or otherwise unconscious c) The victim is less than 12 years of age.  13.7.37 Rape Victim Assistance and Protection Act of 1998, Republic Act No. 8505, reads: Section 1. Title. This Act shall be known as the ”Rape Victim Assistance and Protection Act of 1998.” Sec. 2. Declaration of policy. It is hereby declared the policy of the State to provide necessary assistance and protection for rape victims. Towards this end, the government shall coordinate its various agencies and non- government organizations to work hand in hand for the establishment and operation of a rape crisis center in every province and city that shall assisst and protect rape victims in the litigation of their cases and their recovery.  Sec. 3. Rape Crisis Center. The Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (D0J), and a lead non-government organization (NGO) with proven track record or experience in handling sexual abuse cases, shall establish in every province and city a rape crisis center located in a government hospital or health clinic or in any other suitable place for the purpose of: (a) Providing rape victims with psychological counselling, medical and health services, including their medico-legal examination; (b) Securing free legal' assistance or service, when necessary, for rape victims; (c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court; (d) Ensuring. the privacy and safety of rape victims; (e) Providing psychological counselling and medical Services whenever necessary for the family of rape Victims; (f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender sensitivity and legal management of rape cases; and (g) Adopting and implementing programs for the recovery of rape victims. The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.  Sec. 5. Protective measures. At any stage of the investigation, prosecution and trial of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial and that the name and personal circumstances of the offended party and/or the accused, or any other information tending to establish their identities, and such circumstances or information on the complaint shall not be disclosed to the public.  Sec. 6. Rape shield. In prosecutions for rape, evidence of complainant’s past sexual conduct, opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence is material and relevant to the case. 13.8 Crimes Against Personal Liberty and Security 13.8.1 Kidnapping and Serious Illegal Detention. Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetuate to death: If the kidnapping or detention shall have lasted more than three days. If it shall have been committed simulating public authority. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. If the person kidnapped or detained shall be a minor except when the accused is any of the parents, female or a public officer The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense. 13.8.2 Elements of Kidnapping and Serious Illegal Detention. That the offender is a private individual. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty. That the act of detention or kidnapping must be illegal. 13.8.3 Slight Illegal Detention.“ The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. If the offender shall voluntarily release the person kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos. When the victim is killed, dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed. 13.8.4 Elements of Slight Illegal Detention 1. That the offender is a private individual 2. That he kidnaps or detains another, or in any manner deprives him of his liberty 3. That the act of kidnapping or detention is illegal. Crimes Against Property 13.9.1 Who are guilty of robbery. -Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. 13.9.2 Elements of Robbery in General 1. That there be personal property belonging to another. 2. That there is unlawful taking of that property. 3. That the taking was with intent to gain. 4. That there is violence against or intimidation of any person/s or force used upon things. 13.9.5 Who are liable for 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. Theft is likewise committed by: 1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or objects of the damage caused by him; and 3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products. 13.9.6 Elements of Theft 1.That there be taking of personal property. 2.That said property belongs to another. 3.That the taking be done with intent to gain. 4.That the taking be done without the consent of the owner. 5.That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. 13.9.7 Qualified Theft? The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. Penalty: Depends on the value of the stolen property and other factors: Basic theft – for property worth between 500 and 20,000 pesos, the penalty is imprisonment ranging from six months to six years. Qualified theft – if the theft was committed under certain circumstances, such as by a domestic worker or by taking advantage of trust, the penalty is more severe. The penalty can be increased by 2 degrees, and imprisonment can extend up to 20 years.  Aggravating circumstances factors such as abuse of confidence, committing the theft at night or in a residence, or being a public officer can increase the penalty. Civil liability – the accused may also face civil liability, which means they may be required to return the stolen amount or its equivalent. Theft or property valued at 5 pesos or less. If a crime is committed without any aggravating circumstances, the penalty is a fine of not less than the value of the stolen item but not more than 40 times the amount. The exact amount of the sentence depends on the specific circumstances surrounding the crime. Crimes Against Chastity 13.10.1Who are guilty of adultery.299 Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Adultery shall be punished by prision correccional in its medium and maximum periods. If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed. 1.3.10.2 Concubinage.30° -Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods. The concubine shall suffer the penalty of destierro. 13.103 Acts of Lasciviousnem.301 Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional. 13.10.4 Lascivious Acts are conducts which tend to excite lust or produce voluptuous or lewd emotion. 13.105. Elements of Acts of Lasciviousness 1. The offender commits any act of lasciviousness 13.10.6 Qualified Seduction.302 -The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home servant, domestic, guardian. The lascivious act was committed by any of the following means: (a) By using force or intimidation. (b) (b) By depriving the offended party of reason or otherwise unconscious. (c) (c) When the woman is under ,12 years of age.acher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.  The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. 13.10.7 Requisites of Qualified Seduction 1. Virginity of the offended party. 2. The age of the offended party must be over twelve and under eighteen. 3. Carnal knowledge of the offended party 4. The act was done by abuse of authority, confidence or relationship. 13.10.8 Simple Seduction.303 The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor. 13.109 Requisites of Simple Seduction 1.The offended party must be a woman over twelve and under eighteen years of age. 2.She must be single or a widow of good reputation. 3.There must be carnal knowledge. 4.The act was committed by means of deceit. 13.10.10 Qualified Seduction vs. Simple Seduction 1. Virginity is an element of qualified seduction but not of simple seduction. 2. Deceit is an element of simple seduction but not of qualified seduction. 13.10.11 Acts of Lasciviousness with the Consent of the Offended Party.” The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338 of the Revised Penal Code. 13.10.12 Corruption of Minors.305 --Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a public officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa 313. 92). 13.10.13 White Slave Trade.306 -The penalty of prision mayor in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa 813. 186.). 13.10.14 Forcible Abduction.307 -The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal. The same penalty shall be imposed in every case, if the female abducted be under twelve years of age. 13.10.15 Elements of Forcible Abduction 1. The person abducted must be a woman. 2. The abduction is against her will. 3. There must be lewd designs. 13.10.16 Consented Abduction.” The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods. 13.10.17 Elements of Consented Abduction The offended party must be a virgin. She must be over 12 and under 18 years of age. The taking away was with her consent. The taking away must be with lewd designs. 13.11 Crimes Against the Clel Status of Persons 13.11.1 Simulation of Births, Substitution of One Child for Another and Concealment or Abandonment of a Legitimate Child.309 -The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos. The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status. Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.  13.11.2 Usurpation of Civil Status? The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended party or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed. 13.12 Crimes Against Honor 13.12.1 Definition of Libel -A libel is 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. 13.122 Elements of Libel 1. That there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance 2. That the imputation must be made publicly 3. That it must be malicious. 4. That the imputation must be directed at a natural person or a judicial person, or one who is dead. 5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. 13.12.33 Requirement for Publicity”12 Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: a. A private communication made by any person to another in the performance of any legal, moral or social duty; and b. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. 13.12.4 Libel by Means of Writings or Similar Means.313 A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision oorreccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. 13.125 Threatening to Publish and Offer to Present Such Publication for a Compensation?“ The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration 13.12.6 Slander.315 Oral defamation shall be punished by arresto mayor in its maximum period to prision oorreccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. Slander (oral defamation). Where the defamation is not committed by means of writing, printing, lithography, engraving, radio, photograph, painting, theatrical exhibition, cinematographic exhibition or any similar means, it is slander. Defamation through television is libel but those uttered in gathering through a microphone would be considered slander.  13. 12. 7 Slander by deed. 3“ -The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1, 000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said actisnotofa serious nature, the penalty shallbeanesto menor or a fine not exceeding 200 pesos. 1312.8 Elements of 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 persons.  3. That such act casts dishonor, discredit, or contempt upon the offended party. 3.13 Quasi-offenses (quasi (Latin) means “as if”, is a type of illegal act that is considered a minor crime, or is similar to an actual crime but not as serious. It is punishable by law but may not carry the same penalties as actual offenses.) Example of quasi-offenses: 1. Damaging property 2. Littering 3. Traffic violations such as speeding, running a red light, or driving without a license. 4. Violations of occupational health and safety regulations. 5. Tax evasion 13.131 Imprudence and Negligence.“17 Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed  o ns ? e st i Qu Questions?