1

PARRICIDE
A. Concept: The crime committed by a person who kills his:
a). Father or mother
b). Child whether legitimate or illegitimate
c). Legitimate ascendant
d). Legitimate descendant
e). Lawful spouse
B. The spouse must be the lawful spouse
1). The spouses maybe separated by judicial decree or separated in fact
2). The fact of marriage must be alleged in the Information otherwise the killing is homicide or murder as the case maybe, even if the
fact of marriage was proved in the course of the trial.
3). The best evidence would be the marriage contract but evening the absence thereof, testimony witnesses may show the lawful
relationship as the presumption of marriage also applies, or if the accused does not object to the claim of marriage.
4). In case of Muslim marriages Article 27 of P.D. 1083” The Muslim Code of Personal Laws” s a Muslim to validly contract marriage
with four wives, but the killing of the 2nd, 3rd or 4th wife will not constitute parricide because a Muslim would be punished and
penalized more than a non-muslim by reason of a marriage which the law allows him to contract.
C. The child may be legitimate or illegitimate but should not be less than 3 days old. The father or mother maybe legitimate or not, but
in case of other ascendant or descendant, they must be legitimate
1). Question: GF has a bastard son named BS who has a legitimate son named L. Is parricide committed if:
(a) GF kills L (b) L kills GF
2). Question: Suppose BS is legitimate but L is illegitimate, would the answer be the same?
D. The basis of the classification is the blood relationship in the direct ascending and descending lines hence:
1). Killing of siblings (brother/sister) and other collateral relatives is not parricide
2) Non-relatives or strangers who participate in the killing will be liable for homicide or murder as the case may be
E. The killing maybe through negligence as when a father plays with his gun which went off and killed the wife
F. If the accused is not aware that the victim is his relative, he will be charged for the actual crime committed but Article 49 will be
applied to determine his penalty
G. The crime may be aggravated by the circumstances which qualify murder but they will be considered as ordinary aggravating
circumstances. For example: The husband may poison the wife or kill her by means of fire, or resort to treachery. Said circumstances
will be appreciated as generic aggravating circumstances.
DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
A. Introduction.
1. Concept: It is the killing or wounding by one who surprised the spouse in the act of sexual intercourse with another, (called
euphemistically Criminal Conversation or any illicit sex for that matter) or the minor daughter of the accused spouse and living with the
accused spouse, in the act of sexual intercourse with her seducer
2. Article 247 does not define a crime but grants a privilege or benefit amounting to an exemption from punishment. Thus the
commission of the crime under the situation contemplated would constitute an Absolutory Cause.
3. The killing or wounding is regarded as a justifiable outburst of passion.
4. The accused will be charged for parricide, Murder or Homicide or Physical Injuries, and it is up to the accused to prove the killing or
physical injuries were under the circumstances conceived by Article 247. This is a matter of defense.
5.The sexual intercourse must be voluntary on the part of the offending spouse or daughter, otherwise the intercourse would constitute
rape and the killing would become the justifying circumstance of defense of a relative.
B. Requirements for the Application of Article
1. The spouses must be legally married. If not the situation may only give rise to the mitigating circumstance of Passion or Obfuscation
2. In case the accused is the husband, he should not have promoted or facilitated the prostitution of his wife or daughter, or that the
accused spouses had not consented to the infidelity of the other spouse.
3. Meaning of the phrase” having surprised” (or element of surprise):
a). They were the offending spouses with the partner or the daughter and her seducer who were caught by surprise. The phrase does
not refer to the accused spouse
b). This includes the situation where the offended spouse had prior suspicion or knowledge of the infidelity but simply resorted to a
strategy to catch the guilty parties spouse in flagranti
c). The surprise must take place in the very act of sexual intercourse, during the criminal conversation, not during the preparatory acts
or after the sexual act
d). QUESTION: Must the guilty spouse and partner be aware that they were “discovered” as to be literally surprised, or does Article 247
include situations where the offending spouses and partners were killed without them being aware they were discovered and caught in
flagrante?
4. At what point must the killing of wounding take place? It must be either:
a). During the discovery: i.e simultaneously with the discovery
b). Or immediately thereafter:
(i). The strict traditional view held that there be no lapse of time from the discovery to the killing.
(ii). However, the better view is that Article 247 applies so long as there was no unnecessary interruption or break from the time of
discovery to the pursuit and then to the moment of the killing or wounding. The discovery, pursuit, and killing must be one continuous
process.
(iii). In the case of PP. vs. Abarca ( 153 SCRA 735) (one hour passed from the time of discovery to the time the accused went to look
for a weapon, returned to look for the accused until he saw him inside a house playing mahjong) Article 247 was applied because
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 2

although an interval of time elapsed, the law however does not require the killing to be instantly or simultaneous with the discovery, so
long as the killing was the proximate result of the outrage which overwhelmed the accused or that the killing was when the accused
was still acting under the influence of the infidelity
5. With respect to the killing of the daughter and her seducer, the daughter must be a minor and the sexual intercourse must be in the
dwelling of the accused parent and not elsewhere
C. Effect if third persons are killed or wounded:
1. Per PP. vs. Abarca, a complex crime does not arise if a third person is killed or wounded from the act of the accused in shooting at
the guilty spouse or the latter’s partner, but the accused may be held liable for reckless imprudence
2.Example: The accused shot at the offending spouse and partner but the bullet exited and killed a Peeping Tom. If it was proven the
killing falls under Article 247, the accused will be liable for the death of the Peeping Tom only if it was proven his presence was known
to the accused and who did not take precautions to see that other people will not be hit by the bullet.
D. Penalty:
1. If death or serious physical injuries resulted, the accused will be imposed the penalty of destierro, which is intended more to protect
him from the retaliation of relatives of the victim, than as a punishment.
2. If what were inflicted were less serious or slight physical injuries, there is no criminal liability
Offenses Against Decency and Good Custom
Art. 200. Grave Scandal
A. Concept: It is a crime consisting of the performance or doing any act which is highly scandalous as to offend against decency and
good custom.
1. The act, either a physical observable activity or audible noise, both of which scandalizes those who see or hear them. As for
instance the act of engaging in a torrid kissing, urinating or defecating or going around in scanty attire, or loud obscene sex noises
2. They must be done either: (a) In a public place i.e where people usually go or congregate such as in parks, movie houses,
bazaars, malls. In these places the presence of third persons is not required. (b) Within public knowledge or public view. This refers to
private houses, rooms, grounds, veranda, but the noises made are so loud or the acts can be seen by third persons. The third person
must not however be a Peeping Tom.
B. The act must not be punished under any other provision of the Code as this is a crime of last resort or a catch-all crime.
C. The scandalous acts affect public morals or sensitivity and have nothing to do with violations of public peace and tranquility. Thus
two persons fighting or shouting at each other in a public place would constitute Alarm and Scandal. But when these same two persons
engage in a strip tease contest in full view of people, the act would be Grave Scandal.
Art. 201 Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows.
A. Persons or acts punished:
1. Those who expound or proclaim doctrines contrary to public morals
a). As for instance advocating polygamy or wife-swapping or killing off the mental/physical retardates to improve the Filipino race
b). What about advocating same-sex marriage? Or opening an exclusive ”nudist camp”?
2. In reference to Obscene literature:
a). The authors if they had knowledge of the publishing of their works. Thus writing an obscene literature is not per se punished but if
the authors said works to be circulated to any third person, then they become liable. If the wok is stolen and circulated without their
knowledge, they are not liable.
b). The editors publishing such literature
c). The owners/operators of the establishment selling the same
3. In reference to obscene, indecent, or immoral plays, acts or shows:
a). The persons who exhibit them including the producers, actors, movie house/theater owners
b). These include plays, acts, shows which
(i) glorify criminals or condone crimes
(ii) serve no other purpose but to satisfy the market for violence, lust or pornography
(iii) offend any race or religion
(iv) tend to abet traffic in and sue of prohibited drugs
(v) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts
4. Persons who sell, give away, or exhibit films, prints, engravings, sculptures, or literature, which are offensive to morals. Hence mere
possession of pornographic literature is not per se punished. It is the act of distributing to people or circulating the same which is
punished. Letting one person borrow or read is not however distributing.
B. A prosecution for obscenity under this Article is the third limitation to the Freedom of Speech and Press
C. What is lewd is not necessarily obscene. Nudity is not by itself obscenity. What then is the test for obscenity? ( i.e that which offends
against chastity, decency or delicacy)
1. Per U.S. vs. Kottinger ( 1923):
a). Tendency to Corrupt Test- whether the matter has a tendency to deprave or corrupt those whose minds are open to such immoral
influence and into whose hands a publication or other article charged as obscene may fall.
(This test is too subjective and does not offer an objective criterion. A matter may corrupt one person but may have no effect on
another)
b). That which shocks the ordinary and common sense of man as indecency. (This is vague. Moral values vary according to
circumstances of time, place and occasion)
2. (Commercial or profit motive) PP vs. Go Pin ( 1955): In reference to pictures if these were used not exactly for art’s sake but
rather for commercial purposes, the pictures are not entitled to be protected
3. (Impure motive or theme of a picture) per PP. vs. Serrano a Court of Appeals case in l950
4. (Redeeming element) PP vs. Padan (1957) the work must have some redeeming element
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 3

5. (If the performance elicits or arouses sexual reactions) as in PP vs. Aparici where the gyrations and erotic dancing by the woman
who was scantily dressed elicited shouts from the audience. This would apply to strip tease acts or bold shows or live sex acts
6. Gonzales vs. Katigbak (1985) followed the trend in the United States and adopted the test laid down in the case of Roth vs.
California which was later modified in Miller vs. California which set the following guidelines:
a). Whether the average person, applying contemporary standards, would find that the work taken as a whole, appeals to prurient
interest ( those which are dirty, intended to arouse sexual cravings, things which have something to do with unsafe or healthy sex).
b). Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable law
c). Whether the work lacks serious literary, artistic, political or scientific value
d). QUERRY: Can there be such a thing as “Art for Arts sake”?
(Personal opinion: Any human endeavor, especially in the field of arts must be to uplift or improve man either materially, spiritually or
aesthetically. They must contribute to what is universal, good, and beautiful)
6. May smut or pornographic materials be seized from vendors in the street? The case of Pita vs. Ct. of Appeals ( 178 SCRA 362) laid
down the following guidelines:
a). The authorities must apply for the issuance of a search warrant from a judge, if in their opinion, an obscenity rap is in order
b). The authorities must convince the Judge that the materials are obscene and pose a clear and present danger of an evil substantial
enough to warrant state interference and action
c). The Judge must determine on a case-to-case basis if the materials are obscene
d). If in his opinion the Judge finds probable cause he may issue the search warrant
e). The proper criminal case must then be filed in court.
Personal Opinion: If the magazines, comics or periodicals, pictures or VCD tapes being sold are however clearly pornographic, the
seller is actually violating Article 201 and hence he may be arrested in flagranti delicto and the article seized right on the spot. The Pita
case should not be made to apply to situations such as this, or where the vendor or the articles might disappear before the search
warrant is issued. Otherwise the Pita decision would stifle and defeat the intend of the law to prevent and punish pornography.
D. If a work, such as a movie, has been approved by a government agency for public viewing or reading, a charge under Article 201 will
not prosper
QUERY: If a woman who is scantily dressed poses and walks about in a public place, she may be charged for grave scandal. But when
she starts gyrating erotically, the charge would be Violation of Article 201 for obscene acts
ART. 202. VAGRANTS AND PROSTITUTES
I.( Is this a crime against status?) There are four kinds of Vagrants:
1. (The Lazy one). A person with no apparent means of subsistence, but physically able to work, neglect to apply himself to some
lawful calling
a). It is not being unemployed per se which is punished but the refusal to look for work
2. (The Tourist) Any person found loitering about public or semi public buildings or places, or tramping or wandering about the
country or streets without visible means of support
3. (The bugao and maton) An idle or dissolute (immoral, lax, unrestrained) person who lodges in houses of ill fame, ruffians
(barairongs in Ilokano) or one who habitually associates with prostitutes
a. Absence of visible means of support is not required hence wealthy people may be vagrants under this mode
4. ( The suspicious stranger) One found loitering in any inhabited or uninhabited place belonging to another without any lawful or
justifiable reason
a. The vagrant may have wealth
b. This is a preventive measure to prevent the commission of some other more serious offense
c. The estate is not fenced
II. Vagrancy is thus one of three crimes which may be committed when a person is found loitering inside the estate of another. The two
others are:
5. Trespass to property where the accused, without prior consent of the owner, entered a fenced estate and there is a clear
prohibition against entering
6. Attempted Theft if the estate is fenced and the purpose is to hunt or fish or to gather farm products
III. Prostitutes: a woman who habitually engages in (I) sexual intercourse or (2) or lascivious conduct, for money or profit
a. Habitually means not just an occasional intercourse or lascivious but it signifies that the woman resorts to sexual intercourse or
lascivious conduct as a means of livelihood
b. Profit may include being financed in a lady’s schooling, payment of rentals or by way of articles of value
c. If the lady agrees that she will not any more sleep with other men but will become the exclusive bed partner of one man, in
exchange for an apartment or house, she is still a prostitute. But when they become lovers, she is no longer a prostitute.
d. Example of Lascivious conduct: strip tease dancing before men, or kissing or fondling or being fondled
e. A man who engages in nude dancing for a fee, as well as call boys, cannot be charged for prostitution but for vagrancy
f. Question: Must the partner of the prostitute be a man in case of lasciviousness conduct?
IV. Related offense: Mendicancy under P.D. 1563 which punishes those who uses begging as a means of living as well as those giving
money.
V. Non applicability to CICLs
HOMICIDE
A. Concept: The unjustified killing of a human being which does not constitute murder, parricide, or infanticide The accused will be
convicted of Homicide in the following instances:
1. When in the commission thereof, there is absent any of the qualifying circumstances of murder or
2. None of the qualifying circumstance has been alleged in the Information or
3. Even if a qualifying circumstance is alleged but it was not proved.
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 4

B. Principles involved:
1. This may be committed by negligence. However where the victim does not die, the crime is either Reckless Imprudence Resulting in
Physical Injuries (Serious, Less Serious or Slight). There is no crime of Reckless Imprudence Resulting to Frustrated or Attempted
Homicide because intent is incompatible with negligence

2. Where there are two or more persons who inflicted injuries on the person, all are liable for the death if:
a). There is conspiracy
b). There is no conspiracy but the wounds inflicted by each of the assailants are mortal wounds
c). There is no conspiracy but it cannot be determined who inflicted the mortal wounds
3. As in all other killings, the accused may be convicted of homicide even if the body of the victim has not been found, so long as the
corpus delicti has been proven
ROBBERY WITH HOMICIDE
A. This is committed “ When by reason or on the occasion of robbery, the crime of homicide shall have been committed”. This phrase
requires that there is a causal connection between the robbery and the death, had it not been for the robbery, there would have been
no death.
B. Both the robbery and the homicide should be consummated to be penalized by Reclusion Perpetua to Death.
1. If it was the Robbery which was not consummated, but there was a killing, it is still a special complex crime of Attempted or
Frustrated Robbery with Homicide but the penalty is as provided for under Article 297
2. If both the robbery and the killing are either attempted or frustrated, the result is either a complex crime of Attempted/Frustrated
Robbery with Attempted/Frustrated Homicide under Article 48, or as separate crimes depending on the circumstances
3. If the Robbery is consummated but the homicide is attempted or frustrated, they may be ordinary complex crimes or separate crimes
depending on the circumstances
C. The term “Homicide” is used in its generic sense and it includes any kind of killing whether it be murder, parricide or infanticide, and
irrespective of how many killings were there. The following are not proper terms:
1. Robbery with Murder: if there is any qualifying circumstance which was present, such as treachery, it will be considered as an
ordinary aggravating circumstance
2. Robbery with Double, Triple or Multiple Homicide:
D. The killing may be intentional, or accidental. The killing may be by the acts of the robber, or by the act of the victim, or act of a third
person. The person killed may be the victim of the robbery or his friend, or family member. The person killed may even be one of the
robbers themselves, or a person wanting to assist or even a total stranger.
E. The following will constitute robbery with homicide:
1. The robber fired his gun upwards to frighten the victim but the bullet killed a person who was hiding in the ceiling
2. The victim drew a gun to defend but his aim was deflected and instead hit his companion
3. It was a responding policeman who was killed by a robber.
4. The responding policeman fired a shot but missed and killed the victim of robbery
5. The several robbers fought over the loot and one killed another, even if this took place after the taking had taken place and the
robbers had fled the scene of robbery
6. One of the victims suffered a stroke due to the tension and dies
7. The gun of a robber accidentally fell and killed a person outside the house
F. The killing may be before, during, or immediately after the taking provided that the original intent of the robbers must have been to
rob and not to kill, which need not be the sole motive either.
Example: X pointed a knife at Y and divested him of his cell phone. X turned and ran whereupon Y chased him so that X stabbed and
killed Y.
G. If the original intention was to kill and the idea of taking came only thereafter, there results two separate crimes of theft and murder
or homicide. Example: The accused shot to death his enemy. Then he decided to take the victim’s necklace.
H. All those who conspired in the robbery will be liable for the death unless he proved he endeavored to prevent the killing. Physical
absence in the place where the killing took place is not a defense, or that the accused was not aware his co-accused would resort to a
killing.
Example: A, B, C and D conspired to rob a housel with D acting as look-out at the road. Jose, an occupant refused to give money so A
leveled his gun at him. B shielded Jose with his body as he did not like any killing A pushed B aside and shot Jose. C was then at the
rooms ransacking it. A, C and D will be liable for Robbery with Homicide, but not B, who tried to prevent it.
ROBBERY WITH VIOLENCE
A. The penalties are determined and based on the extent or gravity of the violence employed, its degree of intensity, and the resulting
injury or harm
B. There are several special complex crimes ( also known as Composite Crimes or Special Indivisible Crimes) involving consummated
robbery, which according to the order of severity are as follows:
1. Robbery with Homicide
2. Robbery with Rape
3. Robbery with Intentional Mutilations
4. Robbery with Arson
5. Robbery with Physical Injuries
6. Robbery with Unnecessary Violence

“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.

 5

C. In cases where there was death, rape, or physical injuries inflicted, the foregoing Order of Severity must be followed in giving the
name of the crime. There will only be one crime and one specific penalty but the rape and lesser injuries will be utilized as aggravating
circumstances.
ROBBERY IN GENERAL
I. Concept: the taking, with intent to gain, of personal property belonging to another, by means of violence against or intimidation of
persons, or by using force upon things.
A. The two major classifications are based on the manner by which the robbery was committed. The first is commonly called “hold-up”
while the second is robbery by “breaking –in”
B. If none of these two methods are used, the taking will constitute theft.
C. If both methods were used, the result is complex a crime i.e. robbery with Force Upon things complexed with Robbery with Violence.
D. In robbery with violence, the violence need not be present at the start of the taking so long as it was resorted to before the taking
was complete.
II. Elements Common to Robbery and Theft
A. The subject matter must be a personal property
1. These include licit as well as illicit articles such as drugs and unlicensed firearms as well as stolen articles
2. The term” Personal Property” does not follow the meaning provided for by the Civil Code. It means such property, whether tangibles
or those with physical appearance and form or intangibles, as long as they maybe subject of appropriation and may be carried away
without altering its nature.
a. Thus this includes those considered as Real Property by Immobilization or destination” or those attached to the soil or building for so
long as they were detached there from and carried away. Such as trees, machineries, statutes, soil, stones and rocks.
b. Accessories of real properties such as fruits of trees, fishes, paintings
3. In theft the article must have a value because the penalty, and jurisdiction over the offense, is based on the value of the article taken

a. The value must be proved as courts will not take judicial notice thereof. If no value is proved, the court uses the lowest value in the
law value as basis
B. The property must belong to another
1. This means the property does not belong to the accused. Hence there is no robbery or theft of one’s own property. The offenses are
either Grave Coercion instead of robbery and Impossible Crime of Theft instead of the ordinary crime of theft.
2. The victim need not be the owner. He may be a mere possessor or even a robber or thief himself. Thus robbery or theft may be
committed against another criminal robber or thief. It is enough that the accused is not the owner of the property.
C. There must be an act of taking or “apoderamiento”, which is the physical act of divesting another of the possession of a thing, or to
separate and remove the property from the actual or constructive possession or custody or control of the victim
1. The accused must hold the thing in a manner sufficient to enable him to dispose of it had he wanted to
2. The possession may be permanent, temporary or transitory
D. There must “Animus Lucrandi” or intent of gain
1. The gain need not be in terms of financial or material gain as this includes: intent to obtain some utility, enjoyment, satisfaction, or
pleasure. Example: X boxed Y so that Y will hand over the magazine for X to see the nude pictures. X returned the magazine
thereafter.
2. If there is no animus lucrandi but force was used to get an object, the crime is coercion.
3. Robbery and theft maybe a continuous offense as in the case of robbery of several persons. The accused entered a classroom and
robbed the 20 students of their money at the point of a gun. Or, when the several robberies are component parts of a general plan to
rob within a specific place or area. Example: Robbery of several houses in subdivision or robbery of the various stalls in side the
shopping mall.
MURDER
A. Concept: It is the crime committed by the killing of a human being which does not constitute parricide or infanticide and where it is
both alleged and proven that the killing was attended by any of the qualifying aggravating circumstances under Article 248 of the
Revised Penal Code.
B. The concept of the qualifying circumstances are the same as in Article 14
1. Except for “outraging or scoffing at the person or corpse”, which occurs after the victim is already dead, all the other circumstances
occur either prior to or simultaneous with the act of killing. Scoffing or outraging includes doing any act upon the corpse which adds to
the mental suffering or humiliation of the heirs of the victim or which offends the public.
Examples: (i) dismembering the corpse by cutting off the head (ii) urinating on it (ii) putting it on a sack and throwing the sack in a
garbage pit (iv) stripping if off the clothes
2. Where the circumstance pertains to the means, methods or forms, it is usually treachery which is preferred and the rest are
absorbed; such as night time, advantage of superior strength, aid of armed men.
3. Where treachery is present with other circumstances not relating to the means, methods or forms, (e.g. price, reward or promise) it is
treachery which will be used to qualify and the rest will be considered as merely generic aggravating, provided they were duly alleged
in the Information
4. Where fire is used, the death of the victim must be the purpose or objective of the accused, such as burning his person, throwing him
into a fire or pouring gasoline on his body and lighting it. If the intent or purpose was to destroy property by means of fire and it was
incidental that a person was killed, the result is the special complex crime/composite crime of Arson Resulting in Homicide.
5. Murder cannot be committed by negligence.
2. Homicide - when used in its general sense it denotes that the death of a person was not due to a suicide or because of an accident
or to natural causes but because of the act of a person. The term “homicidal death” refers to a death which was caused by another
either intentionally or by negligence.
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 6

3. The following are the terms used depending on who the victim was:
a). Parricide- the killing of one’s father
b). Matricide- the killing of one’s mother
c). Filicide- the killing of a child
d). Fratricide- the killing of one’s brother or sister
e). Uxoricide- the killing of one’s wife
f). Prolicide- the killing of one’s offspring
g). Hosticide- the killing of an enemy
h). Hospiticide- the killing of one’s host or guest
i). Feminicide- the killing of a woman
j) Infanticide- the killing of an infant
k). Suicide- the killing of one’s self
l) Regicide- the killing of a king or queen
m). Genocide- the massacre of a people
ARTICLE 251 - DEATH CAUSED IN TUMULTUOUS AFFRAY
Elements:
(1) There are several persons;
(2) They do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
(3) These several persons quarreled and assaulted one another in a confused and tumultuous manner;
(4) Someone was killed in the course of the affray;
(5) It cannot be ascertained who actually killed the deceased;
(6) The person or persons who inflicted serious physical injuries or who used violence can be identified.
Tumultuous affray – is a commotion in a confused manner to an extent that it would not be possible to identify who the killer is if death
results, or who inflicted the serious physical injury, but the person or persons who used violence are known. It exists when at least four
persons took part [Reyes].
 The groups must not be organized to mutually assault or fight each other, otherwise the hostilities would not be considered as a
tumultuous affray. [People v. Abiog (1920)]
Who are liable?
(a) The person or persons who inflicted the serious physical injuries
(b) If it is not known who inflicted the serious physical injuries on the deceased, all persons who used violence upon the person of the
victim are liable.
If there is conspiracy, this crime is not committed. The crime would be murder or homicide.
The crimes committed might be disturbance of public order, or if participants are armed, it could be tumultuous disturbance, or if
property was destroyed, it could be malicious mischief.
Death Caused In A Tumultuous Affray

ELEMENTS:
1. That there be several persons;
2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased; and
6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

PERSONS LIABLE:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

Tumultuous affray exists when at least 4 persons take part in it.

When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray.

The person killed need not be a participant in the affray

Those who used violence are liable for death caused in a tumultuous affray only if it cannot be determined who inflicted the serious
physical injuries on the deceased

“Tumultuous” in Article 153 – more than three persons who are armed or provided with means of violence

Tumultuous affray is a commotion in a confused manner to an extent that it would not be possible to identify who the killer is if death
results, or who inflicted the serious physical injury, but the person or
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 7

persons who used violence are known.

If there is conspiracy, this crime is not committed.

If nobody could still be traced to have employed violence upon the victim, nobody will answer. The crimes committed might be
disturbance of public order, or if participants are armed, it could be
tumultuous disturbance, or if property was destroyed, it could be malicious mischief.
ARTICLE 252 - PHYSICAL INJURIES CAUSED IN TUMULTUOUS AFFRAY
Elements:
 There is a tumultuous affray;
 A participant or some participants thereof suffered serious physical injuries or physical injuries of a less serious nature only;
 The person responsible thereof cannot be identified;
 All those who appear to have used violence upon the person of the offended party are known.
Unlike in Article 251, the injured party in this article must be one or some of the participants in the affray.
All those who appear to have used violence shall suffer the penalty next lower in degree than that provided for the serious physical
injuries inflicted. For less serious physical injuries, the penalty is arresto mayor from five to fifteen days.
Physical injury should be serious or less serious.
No crime of physical injuries resulting from a tumultuous affray if the physical injury is only slight because slight physical injury is
considered as inherent in a tumultuous affray.
PHYSICAL INJURIES
Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall
intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.
Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious
physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the
person injured 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 there for habitually
engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person
injured 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 as habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall
have caused the illness or incapacity for labor of the injured person for more than thirty days.
If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the
circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period
to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum
periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by
excessive chastisement.
Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be
applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.
Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same
period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under
circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be
imposed.
Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank,
or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of
persons in authority, the deed does not constitute the crime of assault upon such person.
Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to
nine days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent
the offended party from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without
causing any injury.

Philippines’s Abortion Provisions

“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.

 8

Constitution of the Republic of the Philippines (1987), Article II, Section 12

The Revised Penal Code of the Philippines, Act. No. 3815 of December 8, 1930, Articles 256 - 259

Constitution of the Republic of the Philippines (1987), Article II, Section 12

Section 12

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents
in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

The Revised Penal Code of the Philippines, Act. No. 3815 of December 8, 1930, Articles 256 - 259

Section Two. - Infanticide and abortion.

[…,]

Art. 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Art. 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period shall be imposed upon any
person who shall cause an abortion by violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in its medium and maximum
periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and
medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives.- The penalties provided in Article 256 shall be
imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill,
shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine
not exceeding 1,000 pesos.
What is rape and sexual assault?

Rape or sexual assault is a serious crime. Find out more below about rape and sexual assault, what constitutes consent, and some of
the common myths around rape, sexual assault and reporting these offences.

Rape and sexual assault

All rape and sexual assault is serious. The terms rape and 'sexual assault' are used simply to differentiate between two types of
offence. So what's the difference?

Rape is when a person intentionally penetrates another's vagina, anus or mouth with a penis, without the other person's consent.
Assault by penetration is when a person penetrates another person's vagina or anus with any part of the body other than a penis, or by
using an object, without the person's consent.

The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual
act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual
acts.

“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.

 9

Not all cases of sexual assault involve violence, cause physical injury or leave visible marks. Sexual assault can cause severe distress,
emotional harm and injuries which can't be seen – all of which can take a long time to recover from. This is why we use the term
'assault', and treat reports just as seriously as those of violent, physical attacks.

Consent

What separates sex, or a gesture of affection, from sexual assault? It's a matter of consent. That is, both people agreeing to what's
happening by choice, and having the freedom and ability to make that choice.

Common myths about rape

It's widely thought that in most cases of rape, the offender is a stranger. The truth is the majority of people who commit rape know their
victims and, in some cases, are relatives, friends or work colleagues.

Rape within marriage and relationships can also occur. Remember, sex is about consent. If your partner or husband has forced you
into having sex with them, this is rape. We treat this as seriously as any other rape or sexual assault.

You are not to blame

Sometimes people are afraid to speak to the police because they were voluntarily taking drugs or drinking alcohol before the offence
happened. Sometimes they have little or no recollection of what has happened. They may have a criminal record, and worry that the
authorities won't treat them fairly. They might be worried that no one will believe them.

Remember, no matter who you are, how long ago the assault happened or what took place, our prime concern is to give you the
support you need. We'll listen, understand and guide you through the investigation process at a pace you're comfortable with, whilst
respecting your wishes.

Republic Act 8353

The Anti-Rape Law of 1997
Files: 
Republic Act 8353
"AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE, AND FOR THE PURPOSES"
Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."
 
Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons under Title
Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title
Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
"Chapter Three"
"Rape"
"Article 266-A. Rape: When And How Committed. - Rape is committed:
 
      "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.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua
to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua
to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying
circumstances:
 
"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by

“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.

 10

consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of
consanguinity;
 
"4) When the victim is a religious engaged in legitimate religious vocation or calling and  is personally known to be such by the offender
before or at the time of the commission of the crime;
 
"5) When the victim is a child below seven (7) years old;
 
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
 
"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National
Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission
of the crime;
 
"8) When by reason or on the occasion of the rape, the  victim has suffered permanent physical mutilation or disability;
 
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
 
"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of
the commission of the crime.
 
"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
 
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to
reclusion temporal.
 
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
 
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal
to reclusion perpetua.
 
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
 
"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in
this article.
 
"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the
penalty imposed.
 
"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is
void ab initio.
 
"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the offended
party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence
in the prosecution of the acts punished under Article 266-A."
 
Sec. 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof not
affected thereby shall remain valid.
 
Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or
repealed accordingly.
 
Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general
circulation.
Approved: September 30, 1997.
What’s virginity?
A virgin is someone who’s never had sex. But people define “sex” and “losing virginity” in many different ways.
What does it mean to be a virgin?
A virgin is someone who’s never had sex — but it’s not quite as simple as it seems. That’s because sex means different things to
different people, so virginity can mean different things, too.
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 11

A lot of people think that having penis-in-vagina sex for the first time is how you lose your virginity. But this leaves lots of people and
other types of sex out of the picture.
Some people haven’t had penis-in-vagina sex, but they’ve had other kinds of sex (like oral sex or anal sex) — and they may or may not
see themselves as virgins. And there are lesbian, gay, bisexual or pansexual people who may never have penis-in-vagina sex at all.
But they probably don't see themselves as lifelong virgins just because they haven’t had penis-in-vagina sex.
Many people believe rape and sexual assault aren’t sex — it’s only sex if both partners have consent. So if someone was forced or
pressured the first time they had vaginal sex, oral sex, or anal sex, they may not see that as “losing their virginity.”
Bottom line: the definition of virginity is complicated, and it’s really up to you to decide what you believe. Some people don't even care
what “virginity” means or think it matters. Stressing about whether you’re a virgin is way less important than how you feel about your
sexual experiences. Ask yourself: are you happy with the sexual experiences you've had or decided not to have?
What’s a hymen?
The hymen is a thin, fleshy tissue that’s located at the opening of your vagina.
There’s a lot of confusion about hymens out there. Many people think the hymen totally covers the opening of your vagina until it’s
stretched open, but that’s not usually the case. Most of the time, hymens naturally have a hole big enough for period blood to come out
and for you to use tampons comfortably. Some people are born with so little hymenal tissue that it seems like they don’t have a hymen
at all. In rare cases, people have hymens that cover the entire vaginal opening, or the hole in their hymen is very small — they may
need to see a doctor for a minor procedure to remove the extra tissue. Just like other parts of our body, hymens are a little different for
everyone.
Your hymen can be stretched open the first time you have vaginal sex, which might cause some pain or bleeding. But this doesn’t
happen to everyone. And there are other ways that a hymen can be stretched open: riding a bike, doing sports, or putting something in
your vagina (like a tampon, finger, or sex toy). Once your hymen is stretched open, it can’t grow back.
Does having a hymen mean you’re a virgin?
Some people believe that you’re not a virgin if your hymen is stretched open. But having a hymen and being a virgin are not the same
thing.
Some people are born with hymens that are naturally open. And many other activities besides sex can stretch your hymen. So you
can’t tell if someone has had sex by the way their hymen looks or feels.
What’s the average age people lose their virginity?
The average age when people have sex for the first time is 18. Sometimes it may seem like everybody at your school is doin’ it, but
that’s usually not true. Only about half of high school students have ever had vaginal sex. And most teens who have had sex don’t do it
very often.
Choosing to have sex for the first time is a big decision that’s very personal. People think about lots of different things: religious,
spiritual, and moral beliefs; family and personal values; desire; love; and/or relationships. Whatever your reason is, it's important to wait
until you're sure you're ready to have sex.
Lots of teens who've had sex say they wish they had waited. If you’ve already started having sex and want to stop, that's totally okay —
just because you've had sex before doesn't mean you have to do it again. People can be abstinent (not have sex) at any time, for any
reason. And some people choose to never have sex — that’s totally okay, too.
Try not to worry too much about what other people do. When you lose your virginity isn’t as big a deal as making sure you and your
partner are ready for sex. If you have sex just to fit in, it probably won’t be a very good experience. It’s better to wait to have sex until
you feel totally ready — and are prepared for some of the possible consequences of sex (like pregnancy or STDs).
What happens the first time you have sex?
Everyone’s “first time” is different. But one of the most important parts of being prepared for sex is making sure you use birth control
and condoms to help prevent pregnancy and STDs. Here’s what happens when you lose your virginity.
Does it hurt to lose your virginity?
The first time you have vaginal sex, it may hurt, or feel good, or both. There might be pain and bleeding the first time a penis or fingers
go into your vagina, but it doesn’t happen to everybody. Some people naturally have more hymenal tissue than others — this pain and
bleeding can happen when their hymen gets stretched.
If pain and bleeding doesn’t get better after the first time you have vaginal sex (penis-in-vagina), you can slowly stretch your hymen
tissue with your fingers over time to make it less painful. In rare cases, people may need to see a doctor for a small procedure to open
their hymen. If you're worried about your hymen or have pain during sex, talk with your doctor or visit your local Planned Parenthood
health center.
You may also have pain or irritation during vaginal sex if your vagina isn’t lubricated (wet) enough. It’s totally normal to not have a lot of
vaginal lubrication, and it doesn’t mean anything’s wrong with you or your partner. Using lube can help make sex more comfortable. It
may also help to wait until you’re fully turned-on before putting anything in your vagina.
For people with a penis, penis-in-vagina sex isn’t usually painful. Sometimes friction during sex causes irritation on your penis, but
using lube can fix this. If you have pain in your penis or genitals during sex, it could be a sign that something’s wrong. Go to a nurse,
doctor, or your local Planned Parenthood health center to get checked out.
Anal sex may hurt the first time (and every time) if you don’t use lube. The skin on your anus and rectum is delicate, and it doesn’t
make its own lubrication the way vaginas do. So using lube reduces friction, which helps prevent pain and tearing.
Going slowly and making sure you’re relaxed are also important. Some people don’t ever like the way anal sex feels, even if they do all
these things — that’s totally normal and okay.

Nobody should have sex that feels uncomfortable or painful. If something hurts, stop. And if you’re having pain during any type of sex
that doesn’t go away, visit your doctor or your local Planned Parenthood health center.
Can you get pregnant when you lose your virginity?
YES!
“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.
 12

Whenever semen (cum) or pre-cum gets in your vagina, pregnancy can happen — whether it's your first time or your hundredth time
having sex. Pregnancy can also happen if cum gets on or near your vulva (your outside genitals), or if fingers that have wet cum on
them touch your vulva or vagina. Remember: it only takes one tiny sperm to cause pregnancy. Read more about how pregnancy
happens.
That’s why lots of people use birth control and condoms whenever they have sex. Using birth control is the best way to prevent
pregnancy if you have penis-in-vagina sex. Adding condoms gives you extra pregnancy protection and — BONUS — helps protect you
from STDs, too.
Is it possible for a penis to not fit into a vagina?
It's possible, but it’s not very common. Vaginas are pretty stretchy. Most vaginas are between 3 and 7 inches long. And vaginas can
stretch much longer and wider during sex and childbirth. But rarely, some penises won’t fit comfortably into some vaginas.
If a penis goes very deep in your vagina and hits your cervix or other areas, it can feel uncomfortable or painful. You can usually avoid
it by trying different positions, going slower, or asking your partner not to put their penis in as deep.
VIRGINITY-
Is a condition of a female who has not experienced sexual intercourse and whose genital organs have not altered by carnal connection.
KINDS OF VIRGINITY:
1.Moral Virginity - the state of not knowing the nature of sexual life and not having experienced sexual relation. Moral virginity applies to
children below the age of puberty and whose sex organs and secondary sex characters are not yet developed.
2.Physical Virginity - a condition whereby a woman is conscious of the nature of sexual life but has not experienced sexual intercourse.
a.True Physical Virginity- a condition where the hymen is intact
b.False Physical Virginity- a condition where the hymen is unruptured but the orifice is wide and elastic to admit two or more
fingers.
3.Demi-Virginity - this term refers to a condition of a woman who permits any form of sexual liberties as long as they abstain from
rupturing the hymen by sexual act.
4.“Virgo Intacta”- literally the term refers to a truly virgin woman; that there are no structural changes in her organ to infer previous
sexual intercourse and that she is a virtuous woman.
PARTS OF THE FEMALE BODY TO BE CONSIDEREDIN DETERMINATION OF THE CONDITION OFVIRGINITY:
1.Breasts
2.Vaginal Canal
3.Labia Majora and Labia Minora
4.Forchette- a V-shape appearance as the two labia minora unite posteriorly.
5.Hymen
DEFLORATION-Is the laceration or rupture of the hymen as a result of sexual; intercourse. All other lacerations of the hymen which are
not caused by sexual act not considered as defloration.
PROSTITUTES-are woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct.
PREGNANCY-is the state of a woman who has within her body a growing product of conception or a fecundated germ.
LEGAL IMPPORTANCE OF THE STUDY OFPREGNANCY:
1.Pregnancy is a ground for suspension of the execution of the death sentence in a woman, Art 83 of the RPC2. A conceived child is
capable of receiving donation, Art 742 of the Civil Code3. A conceived child may exercise civil rights. For civil purposes, the foetus is
considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra unterine
life of less than seven months, it is deemed born if it dies within 24hours after its complete delivery from the maternal
womb.4.Concealment of a woman that she is pregnant at the time if the marriage is a ground for annulment of marriage.
DURATIONOF PREGNANCY: The average duration of pregnancy is 270 to 280 days from the onset or the last menstruation.
PUERPERIUM-is the interval between the terminations of labor (delivery) to the complete return of their productive organ to its normal
non pregnant state. Puerperium usually last from 6 to 8 weeks.

“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.

 13

“YOUR SUCCESS IS ALSO MY GREAT SUCCESS” Sir G.