1. Concept and legal basis Article 257. Unintentional abortion. – The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. (Act 3815, Revised Penal Code) 2. Elements of the offense Elements of the offense: 1) That there is a…
1. Concept and legal basis Article 256. Intentional abortion. – Any person who shall intentionally cause an abortion shall suffer: 1. 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 using violence, he shall act without the consent…
1. Concept and legal basis Article 255. 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…
1. Concept and legal basis Article 254. Discharge of firearms. – Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder,…
1. Concept and legal basis Article 253. 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…
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 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 “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…