3. CRIMES AGAINST PERSON
1. Rape through sexual
intercourse
2. Rape through sexual assault
3. Physical injuries
CRIMES AGAINST PROPERTY
1. Theft
2. Robbery
3. Malicious Mischief
CRIMES AGAINST CHASTITY
1. Acts of lasciviousness
2. Sexual harassment
3. Adultery
4. Concubinage
5. Anti-violence against women
and their children (VAWC)
4. CRIMES AGAINST PERSON
RAPE THROUGH SEXUAL INTERCOURSE
1. Offender is a Man;
2. Offender had Carnal knowledge of a
woman;
3. Such act is accomplished under any of the
following Circumstances:
a. By using Force, threat or intimidation;
b. When the woman is deprived of Reason
or is otherwise unconscious;
c. By means of fraudulent Machination or
grave abuse of authority; or
d. When the woman is under 16 years of
age (Statutory Rape) or is demented.
Amended
5. STATUTORY RAPE
GENERAL RULE : rape is committed by a
person who shall have a carnal
knowledge of another person, when the
offended party is under 16 yrs of age or is
demented.
EXCEPTION : no criminal liability
on the part of a person having
carnal knowledge of another
person under 16 yrs of age when
the age difference between the
parties is not more than 3 yrs and
the sexual act in question is
proven to be consensual, non-
abusive and non-exploitative.
EXCEPTION TO THE
EXCEPTION:
If the victim is under 13
yrs of age, this
exception shall not
apply.
6. CRIMES AGAINST PERSON
RAPE THROUGH SEXUAL ASSAULT
MEANS:
a. By inserting his Penis into
another person's mouth or
anal orifice; or
b. By inserting any Instrument
or object into the genital or
anal orifice of another
person;
CIRCUMSTANCES:
a. By using Force or
intimidation; or
b. When the woman is
Deprived of reason
or otherwise unconscious; or
c. By means of fraudulent
Machination or
grave abuse of authority; or
d. When the woman is under
12 years of
age or demented.
CRIMES AGAINST PERSON
7. QUESTION :
The complainant, an eighteen-year old mental
retardate with an intellectual capacity between
the ages of nine and twelve years, when asked
during the trial how she felt when she was raped
by the accused, replied “Masarap, it gave me
much pleasure.”
Was rape committed?
8. QUESTION:
A, a male, takes B, another male, to a motel
and there, through threat and intimidation,
succeeds in inserting his penis into the anus
of B.
What, if any, is A’s criminal liability? Why?
QUESTION:
9. QUESTION :
X, through force, inserted his finger on the
vaginal orifice of Y.
What crime did X commit?
10. QUESTION:
X, using his tongue, licked the outer lip of Ys
vagina while the latter unconscious .
What crime is committed?
11. X, 17 yrs old and acting with discernment, forced Y, 15
yrs old to have sexual intercourse with him, is X liable
for statutory rape?
QUESTION:
12. QUESTION:
X, 16 yrs old and acting with discernment, enticed Y, 15
yrs old to watch porn and thereafter induced her to
have sex with him.
Is X liable?
13. CRIMES AGAINST PERSON
PHYSICAL INJURIES
Serious physical injuries (more than 30 days)
Less serious physical injuries (10-30 days)
Slight physical injuries (1-9 days)
14. CRIMES AGAINST PERSON
SERIOUS PHYSICAL INJURIES
1. if the injured person shall become insane, imbecile, impotent,
or blind;
2. if the injured person shall have lost the use of speech or the
power to hear or to smell, or shall have lost an eye, a hand, a foot,
an arm, or a leg or shall have lost the use of any such member, or
shall have become incapacitated for the work in which he was
habitually engaged;
15. • 3. if the injured person shall have become deformed, or shall
have lost any other part of his body, or shall have lost the use
thereof, or shall have been ill or incapacitated for the
performance of the work in which he is habitually engaged for a
period of more than 90 days; or
4. if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than 30 days.
16. CRIMES AGAINST PERSON
LESS SERIOUS PHYSICAL INJURIES
- offended party is incapacitated for work or requires medical
attendance for 10 days or more but not more than 30 days.
SLIGHT PHYSICAL INJURIES
- Victim is incapacitated for work or requires medical attendance
for a period from 1 to 9 days.
17. QUESTION :
A repeatedly punched B for no reason. Because
of that, B sustained injuries which requires
medical attendance for 7 days.
18. CRIMES AGAINST PROPERTY
• THEFT
- taking of personal
property
- property belongs to
another
- without latter’s
consent
- intent to gain
- without violence
against or intimidation of
persons or force upon things.
19. CRIMES AGAINST PROPERTY
• ROBBERY
- taking of personal
property
- property belongs to
another
- intent to gain
- with violence against or
intimidation of any person OR
using force upon thing.
21. CRIMES AGAINST PROPERTY
MALICIOUS MISCHIEF
(1) That the offender deliberately caused damage
to the property of another;
(2) That such act does not constitute arson or other
crimes involving destruction;
(3) That the act of damaging another’s property be committed merely for the
sake of damaging it.
22. QUESTION:
• A entered the house of another without employing force or violence
upon things. He was seen by a maid who wanted to scream but was
prevented from doing so because A threatened her with a gun. A then
took money and other valuables and left. Is A guilty of theft or
robbery? Explain.
23. QUESTION
• Francis Garcia, a Jollibee waiter, found a gold bracelet in front of his working
place in Makati and, upon inspecting it, saw the name and address of the
owner engraved on the inside. Remembering his parents’ admonition that he
should not take anything which does not belong to him, he delivered the
bracelet to PO1 Jesus Reyes of the Makati quad precinct with the instruction to
locate the owner and return it to him. PO1 Reyes, instead, sold the bracelet
and misappropriated the proceeds. Subsequent events brought out the fact
that the bracelet was dropped by a snatcher who had grabbed it from the
owner a block away from where Francis had found it and further investigation
traced the last possessor as PO1 Reyes. Charged with theft, PO1 Reyes
reasoned out that he had not committed any crime because it was not he who
had found the bracelet, and moreover, it turned out to have been stolen.
Resolve the case with reasons
24. QUESTION:
On the way home from work, Rica lost her necklace to a snatcher. A week later, she
saw what looked like her necklace on display in a jewelry store in Raon. Believing
that the necklace on display was the same necklace snatched from her the week
before, she surreptitiously took the necklace without the knowledge and consent
of the store owner. Later, the loss of the necklace was discovered, and Rica was
shown on the CCTV camera of the store as the culprit. Accordingly, Rica was
charged with theft of the necklace. Rica raised the defense that she could not be
guilty as charged because she was the owner of the necklace and that the element
of intent to gain was lacking.
Is Rica correct?
25. QUESTION:
A, out of hatred to B, went to the latter’s car and
immediately scratch it with the use of broken
glass.
Was a crime committed?
26. CRIMES AGAINST CHASTITY
ACTS OF LASCIVIOUSNESS
1. Offender commits any Act of lasciviousness
or lewdness;
2. Act is committed against a Person of either
sex; and
3. It is done under any of the ff.
Circumstances:
a. By using Force or intimidation; or
b. When the offended party is Deprived of
reason or otherwise unconscious;
c. By means of Fraudulent machination or
grave abuse of authority
d. When the offended party is Under 12
years of age or is demented.
27. CRIMES AGAINST CHASTITY
SEXUAL HARASSMENT
1. Offender has authority, influence, or moral
ascendancy over victim
2. The authority, influence or moral
ascendancy exists in a work, training, or
education environment
3. The offender demands, requests or
otherwise requires any sexual favor from
the victim.
28. CRIMES AGAINST CHASTITY
ADULTERY CONCUBINAGE
Woman is Married Man is married
She has sexual intercourse with a man Not
her husband
He is either:
a. keeping a mistress in the conjugal
dwelling
b. having sexual intercourse under
scandalous circumstance with a woman not
his wife
c. cohabiting with her in any other place
As regards the man with whom she has
sexual intercourse: he Knows that she is
married.
As regards the woman she Knows that he is
married.
29. ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN
(VAWC)
- the victim is a woman with whom the offender has or
had marital, sexual or dating relationship and her
children.
- physical, psychological, sexual and or economic
violence
30. • PHYSICAL VIOLENCE
- committed by a person who shall cause physical
harm to the woman, with whom he has marital, sexual
or dating relationship or her child, provided that the
acts of violence do not constitute attempted, frustrated
or consummated parricide or murder or homicide or
mutilation.
31. • PSYCHOLOGICAL VIOLENCE
- includes an act made to control the woman or
her child or act that caused substantial emotional or
psychological distress; or emotional mental anguish to
the woman.
32. • SEXUAL VIOLENCE
-the acts which are sexual in nature committed against a
woman or her child. It includes, but is not limited to:
*Rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual parts
of the victim’s body, forcing him or her to watch obscene
publications and indecent shows or forcing the woman or her child
to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser.
*Causing or attempting to make the woman or her child to
perform sexual acts (that do not constitute Rape) by use of force,
threats, intimidation directed against the woman, her child, or her
immediate family.
*Prostituting the woman or her child.
33. • ECONOMIC VIOLENCE
- Acts that make or attempt to make a woman
financially dependent upon her abuser, which
includes, but is not limited to the following:
* Preventing the woman from engaging in any
legitimate profession, occupation, business or
activity except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
*Controlling the woman’s own money or
property; or solely controlling the conjugal or
common money/properties;
34. Battered woman syndrome (BWS)
- is characterized by a “cycle of violence”,
which is made up of three phases. For the BWS to be
available as a defense, it must be proven that there has
been more than one cycle.
Phases:
1. Tension Building Phase
2. Acute Battering incident
3. Tranquil period
35. QUESTION:
Braulio invited Lulu, his 11-year old stepdaughter,
inside the master bedroom. He pulled out a knife and
threatened her with harm unless she submitted to his
desires. He was touching her chest and sex organ when
his wife caught him in the act.
What is the crime committed? Explain.
36. QUESTION:
D brought his maid E to his room. After raising his cane
D compelled her to take off her clothes and dance
before him.
Was a crime committed?
37. QUESTION:
A, a married woman, had sexual intercourse with a man
who was not her husband. The man did not know she
was married.
What crime, if any, did each of them commit? Why?
38. QUESTION:
Dion and Talia were spouses. Dion always came home drunk since he
lost his job a couple of months ago. Talia had gotten used to the verbal
abuse from Dion. One night, in addition to the usual verbal abuse, Dion
beat up Talia. The next morning, Dion saw the injury that he had
inflicted upon Talia and promised her that he would stop drinking and
never beat her again. However, Dion did not make good on his promise.
Just after one week, he started drinking again. Talia once more endured
the usual verbal abuse. Afraid that he might beat her up again, Talia
stabbed Dion with a kitchen knife while he was passed out from
imbibing too much alcohol. Talia was charged with the crime of
parricide.
May Talia invoke the defense of Battered Woman Syndrome to free
herself from criminal liability? Explain
39. QUESTION:
For the past five years, Ruben and Rorie had been living together as husband
and wife without the benefit of marriage. Initially, they had a happy relationship
which was blessed with a daughter, Rona, who was born on March 1, 2014.
However, the partners’ relationship became sour when Ruben began indulging in
vices, such as women and alcohol, causing frequent arguments between them.
Their relationship got worse when, even for slight mistakes, Ruben would lay his
hands on Rorie. One day, a tipsy Ruben barged into their house and, for no
reason, repeatedly punched Rorie in the stomach. To avoid further harm, Rorie
ran out of the house. But Ruben pursued her and stripped her naked in full view
of their neighbors; and then he vanished.
40. Ten days later, Ruben came back to Rorie and pleaded for forgiveness.
However, Rorie expressed her wish to live separately from Ruben and
asked him to continue providing financial support for their daughter
Rona. At that time, Ruben was earning enough to support a family. He
threatened to withdraw the support he was giving to Rona unless Rorie
would agree to live with him again. But Rorie was steadfast in refusing
to live with Ruben again, and insisted on her demand for support for
Rona. As the ex-lovers could not reach an agreement, no further
support was given by Ruben.
41. What crimes did Ruben commit:
a. For beating and humiliating Rorie?
b. b. For withdrawing support for Rona?
