1. Concept and legal basis Article 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…
1. Concept and legal basis Article 249. Homicide. – Any person who, not falling within the provisions 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. (Act 3815, Revised Penal Code) 2….
1. Concept and legal basis Article 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage…
1. Concept and legal basis Article 252. Physical injuries inflicted in a tumultuous affray. – When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the…
1. Concept and legal basis “Parricide” – refers to offense/crime of killing another who may be a spouse or a direct blood ascendant or descendant, as penalized under Article 246 of the Revised Penal Code. Parricide is the most terrible and unnatural of crimes. (People v. Tibon, G.R. No. 188320 29 June 2010) Violence between…
1. Concept Article 245. The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: 1) Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is…
1. Concept Article 244. Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to any person who, by…
1. Concept Article 243. Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos. (Act No. 3815, Revised Penal Code)…
1. Concept Article 242. Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to…
1. Concept Article 241. The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its…