III. The Revised Penal Code – Book Two

III. REVISED PENAL CODE – BOOK TWO

12 A. Title One - Crimes Against National Security and the Law of Nations (Articles 114-123)

13 B. Title Two - Crimes against the Fundamental Law of the State (Articles 124-133)

14 C. Title Three - Crimes against Public Order (Articles 134-160)

15 D. Title Four - Crimes against Public Interest (Articles 161-187)

16 E. Title Six - Crimes against Public Morals (Articles 200-201)

17 F. Title Seven - Crimes Committed by Public Officers (Articles 203-245)

18 G. Title Eight - Crimes Against Persons (Articles 246-266-D)

19 H. Title Nine - Crimes against Personal Liberty and Security (Articles 267-292)

20 I. Title Ten - Crimes against Property (Articles 293-332)

21 J. Title Eleven - Crimes against Chastity (Articles 333-346)

22 K. Title Twelve - Crimes against the Civil Status of Persons (Articles 347-352)

23 L. Title Thirteen - Crimes against Honor (Articles 353-364)

24 M. Title Fourteen - Quasi-Offenses (Article 365)

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Relationship of the offender with the victim is the essential element.

• Required to establish the relationship between the offender and victim; for a father, mother, or child, parricide applies whether the relationship is legitimate or illegitimate (Revised Penal Code, Art. 246);
• The following are excluded (i.e., the accused will not be guilty of parricide if they are killed by him/her)
• Adoptive relationship (adopting parent-adopted child); (REYES, BOOK TWO, p.507)
• Child Less than 3 days old (if so, infanticide);
• Relationship by Affinity (in-laws);
• Illegitimate other Ascendant/descendant; and
• Common-law spouse

Confession of guilt by the accused in open court

The confession in open court, upon which a defendant may be convicted for treason, is a confession of guilt. The section cannot be extended so as to include admissions of fact, from which his guilt may be inferred, made by the defendant in giving his testimony after a plea of not guilty. (US v Magtibay, GR No. L-1317)

Extrajudicial confession made before investigators is not sufficient. (REYES, BOOK TWO, p. 16)

Section 2. General Provisions

Art. 360. Persons Responsible for Libel

• The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means;
• The author or editor of a book or pamphlet;
• The editor or business manager of a daily newspaper magazine or serial publication; and
• The 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

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Paragraph 3

• Deformity means physical ugliness, or permanent and defining abnormality. It must be conspicuous and visible (i.e., depending on what part of the body);
• If scar is usually covered, then it’s not considered conspicuous or visible;
• Injury must be that which cannot be repaired by the action of nature (REYES, BOOK TWO, p. 586, citing People v. Balubar)
• Loss of fingers may fall under paragraph 2 if it results in the loss of the use of the hand itself; and
• Covers any member which is not a principal member of the body.

Scurrilous

It means low, vulgar, mean or foul (REYES, BOOK TWO, p. 113)

When inherent in robbery

Unlawful entry is one of the ways of committing robbery with force upon things under Art. 299, par. (a), and Art. 302 of the Code. It is inherent in this kind of robbery. (Reyes, Book I)