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DEATH AND INJURY - Coggle Diagram
DEATH AND INJURY
CAUSES DEATH
Parricide
Who is killed?
- Father
- Mother
- Child (legitimate/illegitimate)
- Ascendant/descendant
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Murder
Qualifying Circumstances for Murder
- must be alleged in the Information
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What if a qualifying circumstance (not alleged in the Information) is appreciated against the accused? It would be against the constitutional right of the accused to be informed of the accusations against him.
What if there are two or more qualifying circumstances?
ONLY ONE will be appreciated as qualifying circumstance to murder. The rest will be treated as a generic aggravating circumstance.
Homicide
When is it homicide?
Offender also kills another person yet what distinguishes homicide is that:
- Not the father, mother, child, ascendant/descendant
- Not a child less than 72 hours old
- Not attended by any of the qualifying circumstances for murder
Is Intent To Kill an essential requisite in homicide?
NOT IN ALL CASES.
Examples: Praeter Intentionem (intentional felony)
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ABSOLUTORY CAUSE (Art. 247) Married person caught his spouse committing sex with another and kills the paramour upon either or both of them in the act or immediately thereafter
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Offending parties must not belong to the same gender
Example: does not apply in cases where wife is caught with another woman OR husband is caught with a man
What if the husband catches the wife with another woman?
Art. 247 does not apply, but husband can raise the defense of "defense of honor"
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"Immediately thereafter"
- this could be subjective
- in the case of Abarca, it doesn't matter if the killing happens an hour after; it is enough that the discovery formed part of one continuous act
- as long as the killing is the proximate result of the outrage
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CAUSES INJURIES
Physical Injuries
Slight Physical Injuries
- Hospitalized 1-9 days
- Even if not hospitalized, victim suffers physical pain
[SLAPPING] When is it slight physical injuries and ill treatment under Art. 268? and when is it slander by deed?
DEPENDS ON INTENT:
- If intent to cause physical pain - slight physical
- If intent to cause moral pain, subject him to ridicule, embarrasment and humiliation - slander by deed
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Taking advantage of one's gullibility, incredulity, weakness of mind (Art. 264)
Also causes physical injuries
Examples: Hypnotism, love potion
Mutilation
Committed in 2 ways:
- deliberately cuts or lops off part of the body which is essential for reproduction
- deliberatelyy cuts or lops off any part of the victim's body that is NOT essential for reproduction
How to distinguish from serious physical injuries?
If the cutting was intentional -- mutilation
If the cutting was incidental -- serious physical injuries
Abortion
2 types: BOTH ARE INTENTIONAL FELONIES
- Intentional abortion
- Unintentional abortion
Similarities in both types:
- Pregnant woman
- Fetus inside the womb is expelled therefrom
- Fetus dies
Differences:
[Manner of commission]
- Intentional - committed by using substances, employment of violence upon the woman
- Unintentional - done only through violence, never through substances
[Personal circumstance of the offender]
- Unintentional - 3rd person
- Intentional - 3rd person or the pregnant woman herself
[Intent to cause explusion of fetus]
- Unintentional - no intent
- Intentional - there's intent
[Awareness of pregnancy]
- Unintentional - may or may not be aware of pregnancy
- Intentional - aware of the pregnancy
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