CDI3 Prefinal

Question 1

considered among the gravest offenses under the Philippine Revised
Penal Code (RPC).

They directly endanger life, bodily integrity, and personal security.

Answer 1

Crime against person

Question 2

uses specialized techniques such as crime scene processing, medico-legal examinations, and forensic analysis.

Answer 2

CSI

Question 3

the killing of one’s father, mother, child (legitimate or illegitimate), or spouse. This crime
is punished more severely than ordinary homicide because it involves betrayal of the closest family
ties, violating both the sanctity of human life and the bonds of kinship.

Answer 3

Parricide

Question 4

Article 246, RPC

Answer 4

Parricide

Question 5

Elements:

1. A person is killed.
   2.The deceased is killed by the accused.
2. The deceased is related to the accused as a parent, child (legitimate or illegitimate), or spouse.

Answer 5

Parricide

Question 6

In Parricide relationship must be proven by authentic evidence such as birth certificates or marriage
certificates because if not proven in court, the crime may be downgraded to homicide.

Answer 6

True

Question 7

The legal status of adopted children is important: under the Family Code, an adopted child is deemed a legitimate child of the adopter. Thus, if an adopted child kills the adoptive parent, or the adoptive parent kills the adopted child, the crime is also classified as parricide.

Answer 7

True

Question 8

unlawful killing of another person, qualified by specific circumstances that make the crime more heinous than simple homicide. These circumstances show greater perversity, cruelty, or a
deliberate intent to ensure the killing without risk to the offender.

Answer 8

Murder

Question 9

Elements of Murder:

Answer 9

1. A person is killed.
   – There must be a victim who is deprived of life.
2. The accused killed the person.
   – The act or omission of the accused directly caused the death.
3. The killing is attended by any of the qualifying circumstances under Article 248.

Question 10

The offender employs means or methods that ensure execution of the crime without risk to himself and without giving the victim any chance to defend himself.
Example: Shooting a sleeping victim, stabbing someone from behind.

Answer 10

Treachery (Alevosía)

Question 11

The offender planned the crime and decided to carry it out after enough time had lapsed to reflect on the consequences.
Example: A man harbors anger against his neighbor, waits for three days, and then attacks him at night after careful planning.

Answer 11

Evident premeditation

Question 12

The offender deliberately and inhumanly increases the victim’s suffering by causing unnecessary pain before killing.
Example: Tying up the victim, torturing him, burning parts of his body before finally killing him.

Answer 12

Cruelty

Question 13

Example: Setting a house on fire while the victim is inside; putting poison in food or drink.

Answer 13

Killing by means of fire, explosion, poison, or other means involving great risk.

Question 14

Example: Hiring a group of men to ambush the victim.

Answer 14

Killing with the aid of armed men or by employing men to ensure execution.

Question 15

Other circumstances under Art. 248 (as amended by RA 7659):

Answer 15

▪ On occasion of robbery, rape, arson, kidnapping, or destructive acts.
▪ If committed in consideration of a price, reward, or promise.
▪ By means of motor vehicles, aircraft, or motorized watercraft.
▪ If committed against persons of certain ranks (e.g., law enforcers, government officials, etc.) while in performance of duty.

Question 16

Killing of another person without qualifying circumstances.

Answer 16

Homicide

Question 17

Article 248, RPC)

Answer 17

Murder

Question 18

Art. 249)

Answer 18

Homicide

Question 19

Elements of homicide

Answer 19

1. A person is killed.
2. The accused killed the person without the qualifying circumstances of murder.
3. The killing is not parricide.

Question 20

Article 251, RPC)

Answer 20

Death Caused in a Tumultuous Affray

Question 21

This crime arises when several persons, not belonging to organized groups for mutual assault, engage in a chaotic fight (tumultuous affray) resulting in the death of one participant, but the exact killer cannot be identified. In such cases, the law imposes collective responsibility on those who inflicted serious injuries or, if none can be identified, on all those who used violence.

Answer 21

Death Caused in a Tumultuous Affray

Question 22

Elements of Death Caused in a Tumultuous Affray

Answer 22

1. Several persons (not organized into groups) engage in a fight.
   – A “tumultuous affray” means a chaotic brawl involving many participants, none of whom are
   acting in a concerted manner or as organized groups (otherwise, it could be murder,
   homicide, or physical injuries).
2. A person is killed in the course of the fight.
   – Death must result from the affray.
3. The killer cannot be identified.
   – If the prosecution can prove the identity of the killer, the proper charge is homicide or
   murder, not Art. 251.
4. Those who inflicted serious injuries can be identified.
   – If identifiable, they are liable for death caused in a tumultuous affray.
   – If no one can be identified as having inflicted serious injuries, all persons who used
   violence upon the deceased are liable for the lesser penalty.

Question 23

means a chaotic brawl involving many participants, none of whom are
acting in a concerted manner or as organized groups (otherwise, it could be murder, homicide, or physical injuries).

Answer 23

Tumultuous Affray

Question 24

Penalty for those who used violence but did not cause serious injuries

Answer 24

Prisión correccional (6 months and 1 day to 6 years)

Question 25

for those who inflicted serious physical injuries.

Answer 25

Prisión mayor (6 years and 1 day to 12 years)

Question 26

• If the fight involves organized groups (e.g., gangs, fraternities), liability may shift to conspiracy-based crimes, not Art. 251.

Answer 26

True

Question 27

• If the fight involves organized groups (e.g., gangs, fraternities), liability may shift to conspiracy-based crimes, not Art. 251.

Answer 27

True

Question 28

Physical Injuries

Answer 28

Arts. 262–266)

Question 29

consists of the intentional act of depriving another person of a body part or rendering an essential organ useless. • It usually involves dismemberment or permanent disablement of a bodily function.

Answer 29

Mutilation (Art. 262, RPC)

Question 30

refer to crimes where the victim suffers bodily harm without resulting in death. The seriousness of the injury and its lasting effects determine the specific offense.

Answer 30

Physical Injuries (Articles 262–266, Revised Penal Code)

Question 31

e.g., cutting off an ear, hand, or eye.

Answer 31

Intentional mutilation of an essential organ –

Question 32

e.g., castration.

Answer 32

Intentional mutilation of the reproductive organ

Question 33

e.g., castration.

Answer 33

Intentional mutilation of the reproductive organ

Question 34

Mutilation penalty

Answer 34

Reclusion temporal to reclusion perpetua (depending on type of mutilation).

Question 35

Injuries are considered serious when they produce any of the following effects: • Incapacity for labor for more than 30 days. • Medical treatment lasting more than 30 days. • Permanent deformity (e.g., disfigurement of the face). • Loss of use of any body part. • Loss of eyesight, speech, hearing, or reproductive capability. • Insanity, imbecility, or impotence.

Answer 35

Serious Physical Injuries (Art. 263, RPC)

Question 36

Penalty of serious physical injuries

Answer 36

Prisión mayor to reclusión temporal depending on severity and intent.

Question 37

When the injuries result in: • Incapacity for labor for 10–30 days. • Medical attendance for the same duration.

Answer 37

Less Serious Physical Injuries (Art. 265, RPC)

Question 38

Penalty or less physical injury

Answer 38

Arresto mayor (1 month and 1 day to 6 months).

Question 39

When injuries cause: • Illness or incapacity for labor for 1–9 days only, or • Do not require medical attention but cause physical pain or visible injuries

Answer 39

Slight Physical Injuries (Art. 266, RPC)

Question 40

Penalty of slight physical injuries

Answer 40

Arresto menor (1–30 days imprisonment) or fine.

Question 41

Classification is based on the healing period and effect:

Answer 41

More than 30 days = serious o 10–30 days = less serious o Less than 10 days = slight

Question 42

is the crime of killing a child less than three (3) days old, whether the act is intentional or through neglect. The law punishes this more severely than homicide or murder due to the victim’s extreme helplessness and vulnerability.

Answer 42

Infanticide (Article 255, Revised Penal Code)

Question 43

Elements of and infanticide

Answer 43

1. The victim is a child less than three (3) days old. – The law specifically protects newborns in their most fragile stage of life. – Beyond three days old, the killing may qualify as parricide, murder, or homicide depending on the circumstances. 2. The child is killed. – Death must result, either from intentional acts (e.g., strangulation, abandonment) or neglect (e.g., failure to feed or provide medical care). 3. The accused is the parent of the child or another person responsible. – Liability extends not only to the mother or father, but also to any person (e.g., midwife, caregiver, relative) who causes the death.

Question 44

Penalty of infanticide

Answer 44

• Generally punished with the same penalty as parricide or murder (i.e., reclusion perpetua). • However, the mother herself may be given a lower penalty if: o She committed infanticide to conceal her dishonor (e.g., out-of-wedlock birth, fear of shame). o In such cases, penalty is prisión correccional in its medium and maximum periods. o This reflects a consideration of the “social stigma” historically attached to illegitimate births. 

Question 45

Only applicable to the mother and maternal grandparents, who may act out of shame.

Answer 45

Concealment of honor

Question 46

refers to destruction of the fetus before birth.

Answer 46

Abortion (Arts. 256–259)

Question 47

the termination of pregnancy resulting in the death of the fetus before it can survive outside the mother’s womb. Under the Revised Penal Code, abortion may be intentional or unintentional, and may also be committed by the woman herself, her parents, or medical professionals.

Answer 47

Abortion (Arts. 256–259, RPC)

Question 48

The deliberate act of causing the miscarriage of a pregnant woman.

Answer 48

Intentional Abortion (Art. 256)

Question 49

Elements of intentional abortion

Answer 49

1. A woman is pregnant. 2. She suffers a miscarriage. 3. The miscarriage is caused by the accused through violence, drugs, or other means. 4. The accused acted with intent to cause abortion

Question 50

Penalty of intentional abortion

Answer 50

Penalty: • Reclusion temporal (12 years and 1 day to 20 years) if violence is used. • Prision mayor (6 years and 1 day to 12 years) if without the consent of the woman. • Prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years) if with the consent of the woman.

Question 51

A miscarriage resulting from violence inflicted upon a pregnant woman, without the intention of causing abortion.

Answer 51

Unintentional Abortion (Art. 257)

Question 52

Elements of an unintentional abortion

Answer 52

1. A pregnant woman suffers a miscarriage. 2. The miscarriage was caused by violence inflicted upon her person. 3. The accused did not intend to cause the miscarriage.

Question 53

Penalty of unintentional abortion

Answer 53

• Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).

Question 54

Abortion caused by the woman herself, or by her parents with her consent, to conceal dishonor.

Answer 54

Abortion by the Woman or by Her Parents (Art. 258)

Question 55

Elements of Abortion by the Woman or by Her Parents (

Answer 55

1. The woman is pregnant. 2. She causes her own miscarriage, or her parents cause it with her consent. 3. In the case of the parents, the purpose is to conceal dishonor.

Question 56

Penalty for abortion of woman or her parents

Answer 56

• For the woman: Prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years). • For the parents, if done to conceal dishonor: Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).

Question 57

When a medical professional intentionally causes abortion, or when a pharmacist dispenses abortive substances without proper prescription. Elements: 1. The offender is a physician, midwife, or pharmacist. 2. The physician or midwife intentionally causes abortion, OR the pharmacist dispenses abortives without a valid prescription. 3. The act results in miscarriage.

Answer 57

Abortion by a Physician or Midwife; Dispensing of Abortives (Art. 259)

Question 58

Penalty for abortion by physician or midwife

Answer 58

• Prision mayor in its medium and maximum periods (8 years and 1 day to 12 years). • If the offender is a physician or midwife, the penalty is increased by 1 degree (reclusion temporal). • If the offender is a pharmacist, fine and liability attach for dispensing abortives without prescription.

Question 59

is a crime against persons that violates the victim’s dignity, bodily integrity, and liberty. It is committed by: 1. 2. Sexual intercourse with a woman under coercive or prohibited circumstances; OR Sexual assault by inserting a penis into another person’s mouth/anal orifice, or inserting any object into another person’s genital/anal orifice.

Answer 59

Rape (Arts. 266-A to 266-C, RPC as amended by R.A. 8353 & R.A. 11648)

Question 60

1. Offender had carnal knowledge of a woman. 2. Achieved under any of the following circumstances: o By force, threat, or intimidation. o When the woman is deprived of reason or unconscious. o By means of fraudulent machination or grave abuse of authority. o When the woman is under 16 years of age (statutory rape, per R.A. 11648). ▪ ✅ Exception: If both are at least 13 but below 16 years old, and the age difference is not more than 3 years, and the sexual act is consensual and non-abusive, it is NOT rape.

Answer 60

Rape By Sexual Intercourse (Art. 266-A, par. 1)

Question 61

Examples of rape, by sexual intercourse

Answer 61

• A 25-year-old man having sex with a 14-year-old girl → Statutory rape even if consent was given. • A teacher threatening a 15-year-old student into sexual intercourse → Rape by abuse of authority. • Sexual intercourse with an unconscious woman → Rape by unconsciousness.

Question 62

Elements: 1. Offender committed an act of sexual assault by either: o Inserting penis into another person’s mouth or anal orifice, OR o Inserting any object or instrument into genital or anal orifice. 2. Act was against the will of the offended party or when the victim could not give valid consent. Examples: • Forcing a victim to perform oral sex. • Inserting a bottle into a woman’s vagina without her consent.

Answer 62

Rape, by sexual assault

Question 63

Penalties rape by sexual assault

Answer 63

 Penalties (Art. 266-B as amended) • Reclusion perpetua (20 years and 1 day to 40 years) – for simple rape. • Higher penalty if committed: o By a parent, ascendant, step-parent, guardian, teacher, or person with moral ascendancy. o Against a victim under 18, combined with offender’s authority or relationship. o With use of deadly weapon or by two or more persons. o When rape results in homicide. 👉 Note: The death penalty is abolished (R.A. 9346), but crimes qualified with extreme circumstances still impose reclusion perpetua without parole. 📜 Civil Liabilities (Art. 266-C) • Civil indemnity, moral damages, exemplary damages. • Courts also award psychological damages in cases involving minors or abuse of authority.

Question 64

Special Investigative Notes in Rape Cases

Answer 64

1. Sensitivity: Always respect dignity and privacy of victim (especially minors). 2. Immediate medico-legal exam: DNA collection, genital exam, swabs. 3. Evidence handling: Clothes, objects, digital communications (grooming evidence). 4. Psychological assessment: Trauma impact, especially for minors. 5. Child witness rules: Interviews should follow child-sensitive protocols