H. Title VIII – Crimes Against Persons

Section 1 – Parricide, Murder, Homicide

Art. 246. 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

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Elements:

• That a person is killed;
• That the deceased is killed by the accused;
• That the deceased is the (relationship; covered relatives)
• father, mother, or child, whether legitimate or illegitimate, or
• legitimate other ascendant or other descendant, or
• legitimate spouse of the accused

Notes:

• Relationship must be alleged in the Information and proved. If not alleged, it can only be considered as an ordinary aggravating circumstance.
• Only relatives by blood and in direct line (except spouse) are considered. Only relatives by blood may be legitimate or illegitimate. Adoptive fathers/mothers, adopted sons/daughters, fathers/mothers-in-law and sons/daughters-inlaw are not among the covered victims in this provision. (REYES, BOOK TWO, p.507)
• Marriages among Muslims or among members of ethnic cultural communities recognized (Art. 33, Family Code)
• Punished by reclusion perpetua to death if intentional
• Punishment for Parricide through imprudence/negligence:
• Reckless imprudence – punished by Arresto Mayor in its maximum period to Prision Correccional in its medium period; and
• Simple imprudence or negligence – punished by Arresto Mayor in its medium and maximum periods.
• Parricide by mistake: if there is intent to kill a stranger but, by mistake, a covered relative is killed, offender will be liable, applying Art. 4(1) (in relation to Art. 49 of the RPC, for penalization), because knowledge of relationship is not required in parricide.
• Under Art. 276 of the RPC, abandonment of a child under seven years of age whose custody is incumbent upon the offender is punished more severely when the child's death results. Its penalties do not prevent imposition of the penalty for the act committed when that act constitutes a more serious offense.
• Stranger cooperating in parricide is only guilty of homicide or murder, as the case may be.

Elements:

• A legally married person or parent surprises his spouse or daughter (the latter must be less than 18 years of age and living with her parent/s) in the act of committing sexual intercourse with another person;
• He/she kills any or both of them, or inflicts upon any or both of them any serious physical injury, during the act or immediately thereafter; and
• He/she has not promoted or facilitated the prostitution of his wife or daughter, or that he/she has not consented to the infidelity of his/her spouse.

Physical Injuries:

• When only other types (non-serious) of physical injuries are inflicted, the article grants absolution from criminal liability (no penalty imposable).
• Although as a rule, one committing an offense is liable for all the consequences of his act, the rule presupposes that the act done amounts to a felony. If the act done is not a felony, the accused cannot be held liable for physical injuries inflicted upon third persons (i.e., those other than the wife/daughter and the paramour). (People v. Abarca, 153 SCRA 735)

Art. 248. Murder

Any person who, not falling within the provisions of Article 246, shall kill another with the attendance of certain qualifying circumstances

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Elements:

• That a person is killed;
• That the deceased is killed by the accused;
• That the killing was attended by any of the following qualifying 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 price, reward or promise,
• by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles, or with the use of any other means involving great waste or 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, or
• with cruelty, by deliberately and inhumanely augmenting the suffering of the victim, or outraging or scoffing at his person or corpse; and
• The killing is not parricide or infanticide.

Notes:

• Intent to kill – essential in all qualifying circumstances
• Victim must be killed in order to consummate the crime; if victim is not killed, only either attempted or frustrated murder is committed
• Treachery – present when the act constituting the felony is sudden and unexpected, to the point of incapacitating the victim from being able to repel or escape it
• The means, methods, or form of attack must be consciously adopted by the offender.
• Present when an adult person attacks a child of tender years
• The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape.
• Not enough that superior strength is present; it must be taken advantage of
• Taking advantage of superior strength and committing a killing on the occasion of a calamity enumerated in Article 248 are separate qualifying circumstances; each must be established independently.
• Armed men must take part in the commission of the crime directly or indirectly.; accused must avail himself of their aid or rely upon them.
• Person who received the price, reward, or promise is a principal by direct participation; person who gave such price, reward, or promise is a principal by induction. BOTH are guilty of murder
• Treachery and premeditation are inherent in murder by poison, and thus, cannot be considered as aggravating.

Elements:

• That a Person was killed;
• That the Accused killed him without any justifying circumstances;
• That the accused had the Intention to kill, which is presumed; and
• That the killing was Not attended by any of the qualifying circumstances of Murder, or by those of Parricide or Infanticide

Notes:

• Homicide is the unlawful killing of any person.
• Consummated when victim is killed; otherwise, attempted or frustrated
• Presumption of intent to kill
• With respect to crimes of personal violence, the penal law looks particularly to the material results following the unlawful act and holds the aggressor responsible for all the consequences thereof
• Evidence of intent to kill is important only in attempted or frustrated homicide
• In an unlawful, intentional attack resulting in death, intent to kill may be inferred from the circumstances; death alone does not conclusively establish it.
• Otherwise, intent to kill must be proved beyond reasonable doubt
• Generally shown by the kind of weapon used, by the parts of the victim’s body at which it was aimed, and by the wounds inflicted
• But purpose of the accused may also be considered
• The element of intent to kill is incompatible with imprudence or negligence
• There is no attempted or frustrated homicide through imprudence or negligence; reckless imprudence is punished according to its result, which may be physical injuries or homicide.
• Accidental Homicide is not the same as Homicide through imprudence or negligence; no criminal liability for accidental homicide

Accidental Homicide is the death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent.

• If in a game (lawful act), rules are violated (no proper care and skill) and death resulted, the significance of the presence or absence of intent to kill is as follows:
• If there was intent to kill, it is intentional homicide
• If there was no intent to kill, it is homicide through negligence.
• Absent conspiracy, determine each assailant’s liability individually; both may be liable for homicide only if the evidence establishes beyond reasonable doubt that each assailant’s acts caused the death (Revised Penal Code, Arts. 4, 8, and 249).
• The prosecution must prove each accused’s criminal liability beyond reasonable doubt.
• Proof of conspiracy is not necessary if each accused’s causal responsibility for the death is proved beyond reasonable doubt.
• When it is not shown which wounds were inflicted by each person, liability cannot be inferred merely because both wounded the victim.
• Under RA 10591, Sec. 29, the effect of using a loose firearm in homicide or another crime—including whether illegal possession is separately penalized or firearm use is an aggravating circumstance—depends on the applicable statutory penalty comparison.

Unallowable exculpatory defenses:

• Refusal of victim to be operated
• The fact that suicide by the victim concurs

Updated: The killing of a child is characterized by treachery even if the Information does not describe the manner of assault (People v. Xxx277980, G.R. No. 277980, 22 October 2025).

Kidnapping & Failure to Return a minor and Kidnapping & Serious Illegal Detention (Art. 267), Distinguished

Art. 271. Inducing a Minor to Abandon his Home

Anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody

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Corpus Delicti

In all crimes against persons in which the death of the victim is an element of the offense, there must be satisfactory evidence of:

• The fact of death, and
• That the death resulted from a criminal act.

Corpus delicti does not refer to the body of the victim but to the “body of the crime” – the actual commission of the crime charged.

Art. 250. Penalty for Frustrated Parricide, Murder, or Homicide

• Under Article 250, courts may impose a penalty two degrees lower for frustrated parricide, murder or homicide instead of the one-degree reduction ordinarily prescribed by Article 50.
• Under Article 250, courts may impose a penalty three degrees lower for attempted parricide, murder or homicide instead of the two-degree reduction ordinarily prescribed by Article 51.
• This rule is permissive, not mandatory

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Art. 251. Death Caused in a Tumultuous Affray

When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and: (a) it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, or (b) it also cannot be determined who inflicted serious physical injuries on the victim, but those who used violence on the person of the victim can be identified

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Elements:

• That there be several persons;
• That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
• That these several persons quarreled and assaulted one another in a confused and tumultuous manner;
• That someone was killed in the course of the affray;
• That it cannot be ascertained who actually killed the deceased; and
• That the person or persons who inflicted serious physical injuries or who used violence can be identified

Notes:

• When there are two identified groups which assaulted each other, there is no tumultuous affray
• The person killed need not be a participant in the affray.
• Does not apply when the person who inflicted the fatal wound is known; the killing may constitute homicide under Art. 249, murder under Art. 248, parricide under Art. 246, or another applicable offense, as the facts warrant.

Art. 252. Physical Injuries Inflicted in a Tumultuous Affray

When in a tumultuous affray as referred to in Article 251, only serious or less serious physical injuries are inflicted upon the participants and the persons responsible therefor cannot be identified, but those who used violence on the person of the victim can be identified.

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Elements:

• That there is a tumultuous affray as referred to in the Article 251;
• That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only;
• That the persons responsible therefor cannot be identified; and
• That all those who appear to have used violence upon the person of the offended party are known

Notes:

• Persons liable: only those who used violence on the person of the offended party
• For serious physical injuries, the penalty is one degree lower than that prescribed for the injuries inflicted. For less serious physical injuries, the penalty is arresto from five to fifteen days.
• Injured party must be a participant of the tumultuous affray (unlike in the preceding article).
• If the one who caused physical injuries on the victim is known, he will be liable for the physical injuries actually committed.
• Slight physical injuries are not included.

Art. 253. Giving Assistance to Suicide

Any person who shall assist another to commit suicide, whether the suicide was consummated or not

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Section 1. Abandonment of Helpless Persons and Exploitation of Minors

Art. 275. Abandonment of Person in Danger and Abandonment of One’s Own Victim

Punishable Acts:

• Anyone who fails to render assistance to any person whom he (the offender) finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense
• Anyone who fails to help or render assistance to another whom he (the offender) has accidentally wounded or injured
• Anyone who fails to deliver a child under seven years of age whom he (the offender) has found abandoned, to the authorities or to his family or to take him to a safe place

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“By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense”

Note:

This paragraph applies only when someone is accidentally injured by the accused. If a person intentionally stabs or shoots another who is wounded and does not render him assistance, that person is not liable under this article but is liable for the crime resulting from the stabbing or shooting.

“By failing to deliver a child under seven years of age whom [the offender] has found abandoned, to the authorities or to his family, or by failing to take him to a safe place”

Elements:

• That custody of the child under seven years of age is incumbent upon the offender;
• That the child is Under 7 years of age;
• That he Abandons such child; and
• That he has No intent to kill the child when the latter is abandoned.

Notes:

• Abandonment must be conscious, deliberate, and permanent.
• Parents guilty of abandoning their children shall be deprived of parental authority.
• Intent to kill cannot be presumed from the death of the child. Such a presumption applies only to crimes against persons, not to crimes against security.

Art. 277. Abandonment of Minor by Person Entrusted with His Custody; Indifference of Parents

Anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or, in the absence of the latter, without the consent of the proper authorities

Parents who shall neglect their children by not giving them the education which their station in life requires and which their financial condition permits

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Acts of Lasciviousness with consent and Acts of Lasciviousness under Art. 336, Distinguished

Art. 340. Corruption of Minors

Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another

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Elements:

• That there is a pregnant woman;
• That any of the following is accomplished
• violence is exerted upon the person of the pregnant woman, or
• drugs or beverages are administered to the woman or other acts done, without using violence and without the consent of the woman; or
• drugs or beverages are administered to the woman or other acts done, with her consent;
• That as a result of the use of violence, drugs or beverages by, or any other act of, the accused, the fetus dies, either in the womb or after having been expelled therefrom; and
• That the abortion is intended.

Notes:

• Fetus must die, in consummated abortion; otherwise (meaning fetus lives):
• If there is an intention to abort, frustrated intentional abortion;
• If there is no such intention to abort, physical injuries
• The crime is infanticide (as opposed to abortion) if the fetus:
• Could sustain an independent life, after separation from the womb; and
• Dies
• The person who intentionally caused the abortion is liable. As for the woman:
• If she permitted the acts to be done to her, she will be liable under Art. 258;
• otherwise, she is not liable

Art. 257. Unintentional Abortion

Any person who shall cause an abortion by violence, but unintentionally

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Crimes Punishable:

• Mutilation;
• Serious physical injuries;
• Administering injurious substance or beverages;
• Less serious physical injuries; and
• Slight physical injuries and maltreatment.

Note: To be found guilty of violation of Articles 262 to 266, there must be a specific malicious intent to do wrong against the physical integrity or wellbeing of a person, so as to incapacitate and deprive the victim of certain bodily functions. (Villa v Manual Lorenzo Escalona II, et. al, GR No 178057 & 178080) – animus iniuriandi

Art. 262. Mutilation

Any person who shall intentionally mutilate another to deprive the latter of some part of his/her body by lopping or clipping it off

More heavily punished if result is to deprive the victim, either totally or partially, of some essential organ of reproduction

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Two (2) Kinds:

• Castration: Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction
• Mayhem or other intentional mutilation: Intentionally making other 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 his body

There must be intent to mutilate – offender must have the intention of depriving the offended party of a part of his body. If there’s no such intention, the crime will be considered as serious physical injuries

Physical Injuries distinguished from other crimes

• Attempted or Frustrated Homicide
• Attempted homicide may be committed, even if no physical injuries are inflicted; and
• Intent to kill is not present in the crime of physical injuries.
• Mutilation
• Intention to lop or clip off some part of the body is present in mutilation.

Art. 263. Serious Physical Injuries

How committed:

• Wounding;
• Beating; or
• Assaulting

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Elements:

• The offender has wounded, beaten, assaulted another;
• The physical injuries inflicted shall have caused any consequence specified in Article 263, including the listed losses or incapacities, or illness or incapacity for labor lasting more than 30 days;
• There must be no intent to kill on the part of the offender in inflicting the injury (Pilares Sr. vs. People, GR No 165685)

Serious Physical Injuries Are:

• When the injured person becomes insane, an imbecile, impotent or blind as a consequence of the physical injuries inflicted;
• When the injured person –
• loses the use of speech or the power to hear or to smell,
• loses an eye, a hand, foot, arm or leg, or loses the use of any such member, or
• becomes incapacitated for the work in which he had been habitually engaged;
• When the injured person –
• becomes deformed,
• loses any other member of his body,
• loses the use thereof, or
• becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days; or
• When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days).

Paragraph 1

• Impotence includes inability to copulate and sterility; no intent to deprive the person of such abilities, however (as opposed to castration); and
• Complete blindness (as opposed to paragraph 2 – loss of an eye only)

Paragraph 2 (mentions principal members of the body)

• Loss of power to hear of both ears (as opposed to paragraph 3 – loss of one ear only);
• Loss of use of hand or incapacity for usual work must be permanent; this must be proven by clear and conclusive evidence;
• The offended party must have an avocation or work at the time of the injury [also in paragraph (3)];
• Work includes studies or preparation for a profession; and
• Incapacity is for a certain kind of work only, but not for all

Qualified Serious Physical Injuries

• In relation to persons enumerated in parricide (Art. 246) and circumstances mentioned in murder (Art. 248) – higher penalties will be inflicted.
• Does not include injuries caused by excessive chastisement of a parent upon his child

Notes:

• It can be committed by reckless imprudence, or by simple imprudence or negligence.
• There must be no intent to kill; otherwise, the crime would be frustrated/attempted murder, parricide, or homicide.
• Medical assistance for more than thirty days is one ground for classifying physical injuries as serious (Revised Penal Code, Art. 263(4)).
• In case of physical injuries under the Revised Penal Code, there must be a specific animus iniuriandi or malicious intention to do wrong against the physical integrity or well-being of a person so as to incapacitate and deprive the victim of certain bodily functions. Without proof beyond reasonable doubt of the required animus iniuriandi, the overt act of inflicting physical injuries per se merely satisfies the elements of freedom and intelligence in an intentional felony. (Villareal v. People, G.R. No. 151258)

Art. 264. Administering Injurious Substances or Beverages

Any person who, without intent to kill, inflicts upon another any serious physical injury, by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity

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Elements:

• That the offender inflicted upon another person any Serious physical injury;
• 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; and
• He had No intent to kill

Notes:

• Administering means introducing into the body.
• If there is intent to kill and the substance constitutes poison, the offense may be murder or attempted or frustrated murder, depending on whether death occurred and, if not, whether all acts of execution were performed; assess the qualifying circumstance and stage separately (Revised Penal Code, Arts. 6 and 248).
• Knowledge applies to the injurious nature of the substance or beverage.
• “By taking advantage of his weakness of mind or credulity” may take place in the case of witchcraft, philters, magnetism and the like.

Art. 265. 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 attendance for the same period, shall be guilty of less serious physical injuries

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Qualified Less Serious Physical Injuries

• Fine not exceeding ₱50,000, in addition to Arresto Mayor (Amended by RA 10951), when
• There is a manifest intent to insult or offend the injured person, or
• There are circumstances adding ignominy to the offense

[a. and b. are considered as -

• Ordinary aggravating circumstances in less serious physical injuries; and
• Elements of slander by deed, when only slight physical injuries result]
• A higher penalty, when the victim is either -
• The offender’s parents, ascendants, guardians, curators or teachers; or
• Persons of rank or persons in authority, provided the crime is not direct assault

Notes:

• Medical attendance or incapacity for labor is required. There must be proof as to the period of required medical attendance.
• Even without incapacity for labor, injuries requiring medical attendance for 10 to 30 days may constitute less serious physical injuries under Art. 265; injuries requiring medical assistance for more than 30 days fall under serious physical injuries under Art. 263(4).
• Classify injuries by their proven consequences under Arts. 263, 265–266, including the applicable period of incapacity for labor or required medical attendance, rather than healing time alone.
• When there is no incapacity for labor or medical attendance needed - slight physical injuries

Art. 266. Slight Physical Injuries and Maltreatment

Three (3) kinds:

• Physical injuries which incapacitated the offended party for labor from one to nine (9) days or required medical attendance during the same period;
• Physical injuries which did not prevent the offended party from engaging in his habitual work and did not require medical attendance (ex. black eye); and
• Ill-treatment of another by deed without causing any injury (ex. slapping the face without causing dishonor)

Rape Through Sexual Assault (Under Para. 2) Elements:

• The offender (man or woman) commits an act of Sexual assault;
• The act is committed 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;
• The act is committed under any of the circumstances mentioned under paragraph 1

Factors that can be considered:

• Weapon used;
• Injury inflicted;
• Part of the body injured; and
• Mindset of offender at the time of commission of crime.

Chapter 4: Assault Upon, and Resistance and Disobedience to, Persons in Authority and Their Agents

Notes:

• The offended party is either a person in authority or an agent of a person in authority.
• When the offended party is no longer a person in authority (e.g. retired judge), the offender cannot be held liable for direct assault even if the attack is by reason of the former’s past performance of official duties.

Incompatible with:

• Vindication of grave offense
• Treachery
• Evident Premeditation (Reyes, Book I)

Notes:

• Resistance to the person in authority or his agent must be active (as it must be serious or grave) to constitute a crime under this article. It cannot be passive, as when one throws himself on the ground and refuses to follow orders given by a person in authority to move.
• If the use of physical force against agents of persons in authority is not serious, the offense is not direct assault, but resistance or disobedience. In this case where X grabbed the shirt of Officer Y then slapped and kicked him several times, it was held that the exerted force is not dangerous, grave, or severe enough to warrant the penalties attached to the crime of direct assault. (Mallari v. People, G.R. No. 224679)
• Even when the person in authority or the agent agrees to fight, direct assault is still committed.
• Even another person in authority can be guilty of assault upon a person in authority or his agent. However, there can be no assault upon or disobedience to one’s authority by another person in authority or his agent when they both contend that they were in the exercise of their respective duties.
• A person in authority or his agent is not in the actual performance of official duties when he:
• Exceeds his powers,
• Uses unnecessary force or violence, or
• Descends into matters, which are private in nature.
• Knowledge of the accused that the victim is a person in authority or his agent is essential and such knowledge must be alleged in the information.
• Evidence of motive of the offender is important when the person in authority or his agent who is attacked or seriously intimidated is not in the actual performance of his official duty.
• A person who uses force or intimidation against someone coming to the aid of a person in authority or the latter’s agent on the occasion of direct assault may be liable for indirect assault under Article 149 of the Revised Penal Code.
• Direct assault cannot be committed during rebellion. Crime of slight physical injuries is absorbed in direct assault.
• The exercise of one’s right to resist unreasonable searches attempted to be conducted in the middle of the night, when the officers are limited to “plain view search”, cannot be equated with disobedience.

Art. 149. Indirect Assault

Any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article (Direct Assault)

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Elements:

• A Person in Authority or Agent is the victim of any of the forms of direct assault in the previous article;
• A Person comes to the Aid of such victim; and
• Offender makes use of Force or Intimidation against such person coming to the aid of the victim of direct assault

Resistance or Serious Disobedience and Direct Assault, Distinguished

Rules regarding treachery

• Applicable only to crimes against persons.
• Means, methods or forms need not insure accomplishment of crime but only its execution.
• The mode of attack must be consciously adopted. (Reyes, Book I)

Unlawful entry is not aggravating in trespass to dwelling

Trespass to dwelling is committed when a private individual shall enter the dwelling of another against the latter's will and may be committed by means of violence. (Art. 280, RPC)

If the offender entered the dwelling of another through an opening not intended for the purpose, like the window, the unlawful entry was an integral part of the circumstance of violence with which the crime of trespass was committed. (U.S. vs. Barberan, 17 Phil. 509, 511-512)

“Be deliberately augmented by causing other wrong"

This phrase means that the accused at the time of the commission of the crime had a deliberate intention to prolong the suffering of the victim. (Reyes, Book I)