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    Elements of Crimes Part 1

    Uploaded by

    Tony Topacio
    The document defines several crimes under Philippine law including murder, homicide, parricide, theft/robbery, rape, arson, and swindling/estafa. Murder requires that a person was killed, the accused killed them, and the killing met qualifying circumstances like treachery or for financial gain. Homicide differs in that there was no intent to kill. Parricide specifically involves killing a family member. Theft/robbery involves taking property without consent, with or without violence. Rape involves non-consensual sex through various means. Arson requires intentionally burning an inhabited house. Swindling/estafa involves deceiving someone for financial gain and causing damage.

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    Elements of Crimes Part 1

    Uploaded by

    Tony Topacio
    20 views2 pages
    The document defines several crimes under Philippine law including murder, homicide, parricide, theft/robbery, rape, arson, and swindling/estafa. Murder requires that a person was killed, the accused killed them, and the killing met qualifying circumstances like treachery or for financial gain. Homicide differs in that there was no intent to kill. Parricide specifically involves killing a family member. Theft/robbery involves taking property without consent, with or without violence. Rape involves non-consensual sex through various means. Arson requires intentionally burning an inhabited house. Swindling/estafa involves deceiving someone for financial gain and causing damage.

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    The document defines several crimes under Philippine law including murder, homicide, parricide, theft/robbery, rape, arson, and swindling/estafa. Murder requires that a person was killed, the accused killed them, and the killing met qualifying circumstances like treachery or for financial gain. Homicide differs in that there was no intent to kill. Parricide specifically involves killing a family member. Theft/robbery involves taking property without consent, with or without violence. Rape involves non-consensual sex through various means. Arson requires intentionally burning an inhabited house. Swindling/estafa involves deceiving someone for financial gain and causing damage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    20 views2 pages

    Elements of Crimes Part 1

    Uploaded by

    Tony Topacio
    The document defines several crimes under Philippine law including murder, homicide, parricide, theft/robbery, rape, arson, and swindling/estafa. Murder requires that a person was killed, the accused killed them, and the killing met qualifying circumstances like treachery or for financial gain. Homicide differs in that there was no intent to kill. Parricide specifically involves killing a family member. Theft/robbery involves taking property without consent, with or without violence. Rape involves non-consensual sex through various means. Arson requires intentionally burning an inhabited house. Swindling/estafa involves deceiving someone for financial gain and causing damage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MURDER

    1) that a person was killed


    (2) that the accused killed him or her;
    (3) that the killing was attended by any of the qualifying circumstances mentioned in
    Article 248 of the RPC (A. With treachery, taking advantage of superior strength, with
    the aid of armed men, or employing means to weaken the defense or of means or
    persons to insure or afford impunity, B. In consideration of a price, reward or promise,
    C. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
    derailment or assault upon a street car or locomotive, fall of an airship, by means of
    motor vehicles, or with the use of any other means involving great waste and ruin, D.
    On occasion of any of the calamities enumerated in the preceding paragraph, or of an
    earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public
    calamity, E. With evident premeditation, F. With cruelty, by deliberately and inhumanly
    augmenting the suffering of the victim, or outraging or scoffing at his person or corpse
    (4) that the killing is not parricide or infanticide

    HOMICIDE
    (1) that a person was killed
    (2) the accused killed him without any justifying circumstance
    (3) the accused had the intention to kill, which is presumed
    (4) the killing was not attended by any of the qualifying circumstances of Murder, or
    by that of Parricide or Infanticide

    PARRICIDE
    (1) that a person was killed
    (2)the deceased is killed by the accused
    (3) That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
    legitimate other ascendant or other descendant, or the legitimate spouse of the accused

    THEFT / ROBBERY
    (1) the taking of personal property;
    (2) the property belongs to another;
    (3) the taking away was done with intent of gain;
    (4) the taking away was done without the consent of the owner;
    (5) the taking away is accomplished without violence / for Robbery, it is done “with
    violence”
    RAPE

    (1) By a man who shall have carnal knowledge of a woman under any of the following
    circumstances:
    a) Through force, threat, or intimidation;
    b) When the offended party is deprived of reason or otherwise unconscious;
    c) By means of fraudulent machination or grave abuse of authority; and
    d) When the offended party is under twelve (12) years of age or is demented, even though
    none of the circumstances mentioned above be present

    (2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
    commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice,
    or any instrument or object, into the genital or anal orifice of another person

    ARSON
    (1) there is intentional burning
    (2) what is intentionally burned is an inhabited house or dwelling

    SWINDLING OR ESTAFA
    (1) that an accused defrauded another by abuse of confidence, or by means of deceit
    (2) that damage and prejudice capable of pecuniary estimation is caused the offended
    party or third person.

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