Title VIII - Crimes Against Persons

The speaker introduces Title 8 of the Revised Penal Code, covering crimes against persons. He notes that this title, along with crimes against property, typically involves extensive discussions. Key crimes include destruction of life (murder, homicide, parricide, infanticide, abortion) and physical injuries.

Parricide is defined as the killing of a parent, child, or spouse, regardless of legitimacy. This also includes ascendants (grandparents, great-grandparents) and descendants (grandchildren, great-grandchildren). The key element is the relationship between the offender and the victim, which can be proven through a marriage certificate or oral evidence. The penalty for parricide is reclusion perpetua to death.

This article discusses cases where a legally married person surprises their spouse committing sexual intercourse with another, leading to killing one or both, or inflicting serious physical injuries. The penalty for such acts is 'destierro,' which prohibits the offender from entering a certain radius (25 to 250 km) from the crime scene, rather than imprisonment. If only slight or less serious physical injuries are inflicted, the offender is exempted from punishment. Similar provisions apply if a parent surprises their underage daughter (under 18 years old) living with them committing sexual intercourse. However, these benefits do not apply if the aggrieved party promotes or consents to the infidelity or prostitution.

Murder is committed by killing someone not falling under parricide, with specific aggravating circumstances (e.g., treachery, superior strength, price/reward, means involving great waste and ruin, calamity, evident premeditation, cruelty). Homicide is plain killing without these qualifying circumstances and not amounting to parricide, infanticide, or murder. Both murder and homicide involve intent to kill, differentiating them from physical injuries. Intent to kill is determined by factors like the weapon used, wound location, and seriousness of injuries.

This article covers deaths resulting from a confused and tumultuous fight (rumble, not gang wars) where the killer cannot be identified, but those who inflicted serious physical injuries can be. The penalty is prision mayor for those who inflicted serious injuries. If those who inflicted serious injuries cannot be identified, those who used violence are punished with prision correccional. Article 252 extends this to physical injuries caused in a tumultuous affray.

While suicide itself is not a crime, assisting someone to commit suicide is. If assistance is given and the suicide is consummated, the helper receives prision mayor. If the assistant directly causes the death (e.g., pushing the person off a cliff), the penalty escalates to reclusion temporal. If the suicide is not consummated, the penalty is arresto mayor.

Discharging firearms at another person with the intent to scare, not kill, is punishable by prision correccional. However, if there was intent to kill, it would be attempted or frustrated parricide, murder, or homicide. If the firearm malfunctions, it is frustrated discharge. If the shot causes injury but without intent to kill, it becomes illegal discharge with physical injuries. If no person is targeted, it might fall under alarms and scandals.

Infanticide is the killing of a child less than three days old. The penalty is similar to parricide or murder. If the mother commits infanticide to conceal her dishonor, the penalty is reduced to prision correccional. For maternal grandparents, it's prision mayor. Abortion (intentional and unintentional) is also discussed, with varying penalties depending on the use of violence, consent of the pregnant woman, and whether the abortion is performed by medical practitioners (e.g., physician, midwife) or through dispensing abortive drugs. Abortion is illegal in the Philippines.

This section covers dueling, an archaic practice, but still codified. If one combatant in a duel dies, the other receives reclusion temporal; if physical injuries, the penalty depends on the severity. If no one is harmed, the penalty is arresto mayor. Seconds (assistants) are punished as accomplices. Challenging or inciting someone to a duel also carries penalties (prision correccional).

Mutilation involves intentionally depriving someone of an essential organ for reproduction (e.g., penis), carrying a penalty of reclusion temporal to reclusion perpetua. Other forms of intentional mutilation (e.g., finger) carry lesser penalties (prision mayor).

Physical injuries are classified into serious, less serious, and slight based on their consequences. Serious physical injuries include causing insanity, impotence, blindness, loss of an organ, or incapacitating a person for more than 90 days. Less serious injuries incapacitate for 10-29 days. Slight physical injuries involve incapacitation for 1-9 days or simple maltreatment without injury. Penalties vary accordingly, with higher penalties for serious injuries.

Rape, formerly a crime against chastity, is now classified as a crime against persons by Republic Act 8353 (Anti-Rape Law of 1997). It refers to a man having carnal knowledge of a woman under circumstances like force/threat, unconsciousness, fraudulent machinations/abuse of authority, or if the victim is under 12 (now under 16) or demented. 'Sexual assault' (rape by sexual assault) extends to inserting a penis, instrument, or object into the mouth, anus, or genitals. The law was amended to consider victims under 16 as unable to consent. The amendment also includes provisions for an exemption if the age difference is not more than 3 years and the act was consensual and non-abusive/non-exploitative, provided the victim is not under 13. The discussion also covers aggravating circumstances, the effect of marriage on criminal liability, the sufficiency of victim testimony, and other relevant legal principles like who can commit rape (man only for traditional rape, any person for sexual assault) and the concept of attempted rape.