lowest)?
o 1. Incapacity of offended party is 1-9 days
o 2. Physical injuries do not prevent the victim from engaging in habitual work and did not require medical attendance
o 3. Maltreatment by deed
X slapped Y. Y did not sustain physical injury or
need medical attendance. What is the crime?
o Slight PI
o What if the purpose is to humiliate Y?
Slander by deed
What if the injury was not serious at the onset but
later on becomes serious?
o The crime committed can change on the ultimate injury caused
o Ex. frustrated can become consummated
o Ex. SPI can become homicide RAPE (266-A AND 266-B)
What is the nature of rape since RA 8353? o It is a crime against persons
o Thus, it may be filed by the public prosecutor. Consent of the offended party is no longer needed to file.
May husbands be liable for rape/sexual assault on
their lawful wives?
o Yes. While he has the right to use persuasion, he cannot use force, violence, or intimidation.
o Wife has the right to refuse, for instance, if they are legally separated or the husband has AIDS.
What are the two classifications under RA 8353? o 1. Rape
o 2. Sexual assault
o What if an offender inserts his organ and
then his finger in a woman’s vagina?
One count of rape, and one count of sexual assault
179 Who may be the offender and offended in rape
and sexual assault?
o Rape is always a man against a woman
What is the exception?
A woman may be guilty of rape as an accomplice or principal by indispensable cooperation
o Sexual assault may be committed by or against men or women
Is there frustrated rape or sexual assault?
o No. It is always in the attempted or consummated stage.
o It is enough that a part of the object or organ passes through the genitals, anal orifice, or mouth to consummate the crime.
What is the “instrument” covered by sexual assault?
o It can be a body part or other things
What are the means by which rape is committed? o 1. Force, threat, intimidation
What is the nature of “force”? Can be actual or constructive What is important is that the
offender was able to achieve his purpose
What is the nature of “fear”?
It includes fear of harm or death
What is the nature of “intimidation”?
It must be viewed in the eyes of the victim
And sufficient enough to cause fear on the part of the victim
A father raped his daughter, but
claimed the latter did not resist. Is it still rape?
Yes. Moral ascendancy and parental authority – substitute for violence.
The same rule applies for uncles, common law husband of mother, etc.
X injected a drug into Y’s body and forced sexual intercourse upon her. What is the crime?
Still rape. The drug took away her ability to resist.
o 2. Offended party is deprived of reason or unconscious
Deprived of reason:
Intellectually weak to the extent that she is not capable of giving consent to intercourse
What is the extent of deprivation of
reason?
Need not be complete
o 3. Fraudulent machination or grave abuse of authority
180
What is an example of fraudulent
machinations and grave abuse of authority?
The offender succeeds by pretending to be his twin brother is a fraudulent machination
Grave abuse of authority is one done by an employer to an employer, teacher to student, doctor to patient, etc.
o 4. Under 12 years old or demented
This is statutory rape. No need for force, threat, intimidation, or other circumstances to exist.
What are the qualifying circumstances? o [Weapons/military]
o 1. Use of deadly weapon or by 2 or more persons
It must be used to intimidate the woman, and not just mere possession
o 2. Victim is under custody of police or military
o 3. Committed by AFP, PNP, or other law enforcer
o [Adverse effect on the victim]
o 4. Victim became insane on occasion of rape
o 5. Victim suffered permanent physical mutilation or disability
o 6. Offender knows he has HIV, AIDS, or other STD
o [Relationship]
o 7. Victim is under 18 and offender is a parent, ascendant, step-parent, guardian, relative by blood or affinity to 3rd degree, common law spouse of parent of victim
o 8. In full view of the spouse, parent, children, or other relatives up to 3rd degree
o [Specially protected victims] o 9. Victim is under 7 years old
o 10. Victim has religious vocation or calling and it is known by the offender prior to the rape
o 11. Victim was pregnant and it is known by the offender
o 12. Victim has mental disability, emotional disorder, or physical handicap and it is known by the offender
How many circumstances are needed to qualify
rape?
o Just one.
o Are the other qualifying circumstances
treated as generic aggravating?
No.
What is the special complex crime?
o Homicide committed on occasion of rape or sexual assault
Homicide is used in its generic term
No such thing as Rape with Murder. It’s always Rape with Homicide.
181
There is logical connection between the rape and homicide.
There is no appreciable amount of time lapsed
What is the rule on pardon?
o The valid marriage between the offender and offended party shall extinguish the action or the penalty imposed.
o If the offender is already her husband, then subsequent forgiveness extinguish the action or penalty.
R.A. 9262 – VAWC
What are the punishable acts?
o 1. Physical harm to woman or her child
o 2. Threatening to cause such physical harm
o 3. Attempting to cause such physical harm
o 4. Placing woman or her child in fear of imminent physical harm
o 5. Attempting to have the woman or her child do something they can refuse to do, stop doing what they have the right to do, or restrict freedom of movement. Non-exclusive list:
A. threaten to deprive custody
B. threaten to deprive financial support
C. threaten to deprive a legal right
D. preventing woman from engaging in lawful profession
o 6. Inflicting or threatening to inflict physical harm to control woman’s actions or decisions
o 7. Using force or intimidation to have the woman or child perform non-rape sexual activity
o 8. Acts that cause emotional or psychological distress to the woman or her child. Ex:
A. stalking
B. peering or lingering
C. entering dwelling against their will
D. destroying property or harming animals or pets
E. harassment or violence
o 9. Causing mental or emotional anguish, public ridicule, or humiliation to the woman or her child
R.A. 9775 – ANTI-CHILD PORNOGRAPHY LAW Who is a “child” under RA 9775?
o 1. Below 18
o 2. Mentally incapacitated
o 3. Person of age, but depicted as a child
o 4. Computer generated child What is child pornography?
o Representation, visual, audio, or written, of child engaged in real or simulated explicit sexual activities.
182
1. Genital-genital, genital-oral, anal- genital, whether heterosexual or homosexual
2. Bestiality
3. Masturbation
4. S&M
5. Lascivious exhibition of genitals, buttocks, breasts, pubic area, or anus
6. Use of object or instrument for lascivious acts
What are the unlawful or prohibited acts? o [Producing]
o 1. Hiring or using child in porn
o 2. Produce, direct, manufacture child porn
o 3. Intentionally provide venue for commission of prohibited acts (cinemas, dens, private rooms, etc.)
o [Selling/distributing]
o 4. Sell, distribute, publish, or broadcast child porn
o 5. Possess such with intent to sell, distribute, publish, or broadcast
When is there prima facie evidence of
intent to do such acts?
Possession of at least 3 copies of child porn in the same form
o 6. Distributors, theaters, telecom companies distributing child porn
o 7. Pandering child porn
Selling or distributing material causing another to believe that the material contains child porn, regardless of actual content
o [Corrupting children]
o 8. Parent or guardian knowingly permitting the child to engage in porn
o 9. Luring or grooming a child
Luring: communicating through computer with child to facilitate sexual activity or production of porn
Grooming: preparing child for sexual activity by communicating child porn
o [Accessing child porn]
o 10. Willfully accessing child porn
o 11. Possession of child porn
o [Conspiracy]
o 12. Conspiracy to commit any of the prior acts When is there a syndicate for child porn?
o At least 3 or more persons conspiring or confederating with one another
R.A. 8049 – ANTI-HAZING LAW What is hazing?
o Placing recruit in some embarrassing or humiliating situation such as forcing him to do menial, silly, foolish, and other similar tasks or subjecting him to physical or psychological suffering or injury
183 Requisites of valid initiation rites?
o 1. Include no physical violence
o 2. Prior written notice to school authorities or head of the organization (ex. AFP) 7 days before the initiation.
The school/organization sends a representative to the rites
Notice contains:
1. Names of all those subjected to activities
2. Time period
o 3. Initiation must not exceed 3 days. Liable as principals:
o 1. Officers and members who actually participated in the infliction of physical injury or death
What is prima facie evidence of
participation?
Merely being present there
o 2. Officers or alumni who planned the hazing although not present
o 3. Parents of member whose house is used, if they knew but did not prevent such acts from happening
Liable as accomplices:
o 1. Owner of the place where it was done, if he has actual knowledge of what is happening
o 2. School authorities who consented to the hazing or knew, but did not prevent
Which MC does RA 8049 not allow? o Praeter intentionem
What are the qualifying circumstances?
o 1. Recruitment accompanied by force, violence, threat, intimidation, or deceit on the recruit
o 2. Recruit consented to join but wanted to quit upon learning about hazing, but was not allowed to quit
o 3. Recruit was prevented from reporting to parents or authorities through force, violence, threat, intimidation
o 4. Hazing committed outside school or institution
o 5. Victim is below 12 years old
R.A.9344 – JUVENILE JUSTICE AND WELFARE ACT
What are the prohibited acts by competent
authorities?
o 1. Branding or labeling the child as young criminal, juvenile delinquent, prostitute, or attach other derogatory names
o 2. Making discriminatory remarks as to child’s class or ethnic origin
o 3. Employment of threats of whatever kind or nature
o 4. Using abusive, coercive, and punitive measures (cursing, beating, stripping, etc.)
184
o 6. Compelling child to perform involuntary servitude
IX:CRIMESAGAINSTPERSONALLIBERTYAND SECURITY
KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)