Crimes Against Persons Under the Revised Penal Code of the Philippines (Book Two, Title Eight)
Crimes against persons under Title Eight of the Revised Penal Code (RPC) deal with offenses that directly harm or threaten the physical integrity, liberty, and life of individuals. This discussion systematically addresses the provisions, elements, jurisprudence, and penalties relevant to each crime.
1. Parricide (Article 246)
Definition:
Parricide is the killing of a person by the offender who has a specific relationship with the victim.
Elements:
- A person is killed.
- The deceased is killed by the accused.
- The deceased is related to the offender as:
- Legitimate or illegitimate spouse.
- Legitimate or illegitimate parent.
- Legitimate or illegitimate child.
- Any legitimate or illegitimate ascendant or descendant.
Penalty:
- Reclusion perpetua to death (if no aggravating circumstances).
Jurisprudence:
- People v. Narido: Proof of relationship must be conclusive, such as through a birth or marriage certificate.
2. Murder (Article 248)
Definition:
Murder is the unlawful killing of a person with qualifying circumstances.
Elements:
- A person is killed.
- The killing is attended by at least one of the following qualifying circumstances:
- Treachery (alevosia).
- Premeditation.
- Cruelty.
- Use of poison.
- Other qualifying circumstances defined by law.
- The killing is not parricide or infanticide.
Penalty:
- Reclusion perpetua to death.
Key Points:
- Treachery requires a deliberate and conscious adoption of means to ensure the killing without risk to the offender.
- Premeditation must be proven by:
- Time for reflection.
- Deliberate intent to kill.
- Actual execution.
3. Homicide (Article 249)
Definition:
Homicide is the unlawful killing of a person without any of the qualifying circumstances for murder or the specific relationships for parricide.
Elements:
- A person is killed.
- The killing is not attended by any qualifying or exempting circumstance.
- The accused has the intent to kill (animus interficendi).
Penalty:
- Reclusion temporal (12 years and 1 day to 20 years).
Note:
- Distinction from murder rests on the absence of qualifying circumstances.
4. Infanticide (Article 255)
Definition:
Infanticide is the killing of a child less than three (3) days old.
Elements:
- The victim is a child less than 72 hours old.
- The accused caused the death.
Penalty:
- Same as parricide or murder, depending on circumstances.
5. Abortion (Articles 256–259)
Types of Abortion:
Intentional Abortion (Article 256):
- Performed by the mother or any other person with intent to kill the fetus.
- Penalty: Prision mayor and/or fine.
Unintentional Abortion (Article 257):
- Caused by violence but without intent to kill the fetus.
- Penalty: Prision correccional (6 months and 1 day to 6 years).
Abortion by a Physician or Midwife (Article 259):
- Performed by a professional, with or without the mother’s consent.
- Penalty: Prision mayor and professional disqualification.
6. Duel (Article 260)
Types of Offenders:
- Challenger: The one who initiated the duel.
- Accepter: The one who accepted the challenge.
Penalties:
- For the challenger: Arresto mayor (1 month and 1 day to 6 months).
- For participants causing injury or death: Penalties based on homicide or murder apply.
7. Physical Injuries (Articles 262–266)
Categories:
Serious Physical Injuries (Article 263):
- Injuries incapacitating the victim for labor or requiring medical attention for more than 30 days.
- Penalty: Prision correccional to prision mayor.
Less Serious Physical Injuries (Article 265):
- Incapacitation for labor for 10 to 30 days.
- Penalty: Arresto mayor.
Slight Physical Injuries (Article 266):
- Incapacitation for labor for 1 to 9 days or minor injuries not requiring medical attention.
- Penalty: Arresto menor (1 to 30 days).
8. Rape (Articles 266-A to 266-B)
Definition:
Rape involves non-consensual sexual intercourse through force, intimidation, or when the victim is incapable of giving consent.
Elements:
- Sexual intercourse or penetration.
- Without the victim's consent.
- With aggravating circumstances:
- Use of weapons.
- Victim under 12 years old.
Penalty:
- Reclusion perpetua to death.
Jurisprudence:
- People v. Jalosjos: Consent is not a defense when the victim is below 12 years of age.
9. Acts Punishable Under Special Laws
Crimes such as child abuse, violence against women and children, and trafficking have overlapping concerns but are governed by specific laws, such as the Anti-Violence Against Women and Children Act (RA 9262) or the Anti-Trafficking in Persons Act (RA 9208).
General Defenses in Crimes Against Persons:
- Self-defense: Requires unlawful aggression, reasonable necessity, and lack of sufficient provocation.
- Defense of relatives or strangers: With the same requisites as self-defense.
- Accident: Must show absence of negligence.
- Insanity: Complete lack of intent due to mental incapacity.
This meticulous overview ensures a foundational understanding of Title Eight offenses, enabling a thorough appreciation of criminal liabilities and defenses in Philippine jurisprudence.