Crimes Against Persons

What crimes are covered by Title Eight?

What Kinds of felonies comprise crimes against persons?

They are those which involve

  1. Killing
  2. Inflicting physical injuries; and
  3. Rape

How is intent to kill determined?

Factors considered:

  1. Means used used by the malefactors
  2. Nature, location, and number of wounds sustained by the victim
  3. The conduct of the malefactors before, during, and after the killing of the victim
  4. The circumstances under which the crime was committed and the motives of the accused

What is the corpus delicti in taking a human life?

Corpus delicti - actual offense committed a. that human life was committed, and b. that the death was occasioned by the accused’s criminal act or agency

When indictment is on the basis of proximate cause, what evidence on the nature of wound is required?

Should lead to the determination as to when the wound was inflicted, what the degree of danger of the wound is, with its dangers to life or function, whether the wound was given by the man himself, ir by someone else, and what manner of instrument was produced.

When there are other possible causes of death aside from the proximate cause, what should be duly established?

Evidence must establish beyond reasonable doubt that the criminal act was the proximate cause. No man is convicted on a probability.


How is parricide committed?


  1. A person is killed
  2. The deceased is killed by the accused
  3. The deceased is the father, mother, child, whether legitimate or illegitimate, or a legitimate other descendant or ascendant, or the legitimate spouse of the accused

What is the basis of the crime of parricide?

  1. Legitimate - except for parent/child
  2. Direct line
  3. By blood - except for spouses

In killing of a spouse, how will the relationship be proved?

Best: Marriage Certificate In absence: oral evidence, if not objected to

If the information failed to mention that the offender and the offended are married, can the formaer be conviceted with parricide?

No. Relationship is a qualifying circumstance; failure to allege, it is a fatal mistake.

If the killing of the child less than three days old was committed by the parent, is the crime parricide or infanticide?


Why is the rule on conspiracy that the act of one is the act of all not applicable in parricide?

Relationship is a condition sine non qua non that applice to whom such circumstances are attendant.

Does Article 247 define and penalize a felony?

No. It grants a privilege or benefit to the accused, akin to an exempting circumstance.

What is the nature of the “penalty” of destierro?

Not a penalty because there is no criminal liability; there is nothing to penalize. It is imposed for the protection of the accused against the retaliation or vendetta. Where physical injuries other than serious is inflicted, the offender is exempted from punishment.

Should qualifying circumstances be appreciated in inflicting death under exceptional circumstances?

No. No punishable act to be modified by aggravating or mitigating qualifying circumstances.

How should the requirments of the law be complied with?


When third persons are injured in the course of firing at the paramours, will the offender be free from criminal liability?

No. Although he cannot be liable for frustrated murder, since his act is not a felony, he can still be liable under Article 365 for simple imprudence resulting to serious physical injuries.

How is murder committed?

Murder is homicide plus one qualifying circumstance under Article 248.

How many circumstances are necessary to qualify homicide to murder?

Only one. Others will operate as generic aggravating.

Can homicide be upgraded to murder by a subsequent act of the offender?

Yes, by outraging the corpse of the victim.

When the qualifying circumstances were not those proved in the trial, can the accused be convicted for murder?

Circumstances must be both alleged and proved in the trial. The right of the accused to be informed in the charge against him must not be violated.

Give some instances when the treachery is not apprecuaed to qualify killing to murder?

If aggressors did not employ means tending directly and especially to insure the execution of the crime without risk to themselves arising from the defense which the offended parties might make.

May treachery be appreciated in aberration ictus?

Yes. When the offender fired at his adversary by missed, the unintended victims were helpless to defend themselves. (People v. Flora (2000))

Are dwelling and nocturnity qualifying circumstances?

No, but they can be a method or form of teachery. As such, it is treachery, not nighttime that is qualifying.

When the qualifying circumstance is the use of fire, what variant crimes may result?

If the use of fire is:

  1. To conceal killing - 2 crimes, homicide/murder and arson
  2. To kill - even if property burned, no arson, if other houses burned, generic aggravating
  3. To burn but somebody died - arson with homicide
  4. To joke but somebody died - homicide (Pugay(1988))

Is arson with homicide a complex crime?

No. The homicide in “arson with homicide” refers to any kind of killing and is an element of the composite or special complex crime.

What determines whether the offense committed?

The nature of the wound. Superficial v. Mortal Wound.

What is homicide and what are its elements?

Killing of any person, which does not constitute parricide, murder, or infanticide and is not attended by any justifying circumstances.


  1. A person was killed
  2. The accused killed the deceased without any justifying circumstances
  3. The accused had intention to kill, which is presumed; and
  4. The killed was not attended by any of the qualifying circumstance or murder, parricide, or infanticide.

What is the rule on intent to kill when the victim dies?

Presumed. No need to be establised.

What determines whether the offense is attempted or frustrated homicide rather than physical injuries?

ITK, as shown by the weapon and wounds.

Can attempted or frustrated homicide be committed through imprudence or negligence?

No. Culpa is always in the consummated stage.