Answer with brief explanations the following queries:
(a) If the slightest penetration of the female genitalia consummates rape by carnal knowledge, how does the accused commit attempted rape by carnal knowledge? (2%)
(b) What crime is committed by a capataz who enrolls two fictitious names in the payroll and collects their supposed daily wages every payday? (2%)
(c) What is now the age of doli incapax in the Philippines? (2%)
(d) Why is there no crime of frustrated serious physical injuries? (2%)
Suggested answer only. Not an official answer and not legal advice.
(a) Attempted rape occurs when penetration is attempted without touching the labia; (b) a capataz commits estafa through falsification of public documents; (c) doli incapax is 15 or under; and (d) physical injuries has no frustrated stage. Under Article 266-A,
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Quick check
How is attempted rape by carnal knowledge committed if any penetration of the labia consummates the crime?
Attempted rape occurs when overt acts towards carnal knowledge are commenced without the male organ touching the labia.
What complex crime is committed by a capataz who enters fictitious names in a payroll to collect their wages?
Enrolling fake names in a payroll to misappropriate wages constitutes estafa through falsification of documents.
What is the age of doli incapax or absolute exemption from criminal liability in the Philippines under RA 9344?
Under RA 9344 as amended, a child 15 years of age or under is conclusively presumed incapable of committing a crime.
Why is there no crime of frustrated serious physical injuries under the Revised Penal Code?
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When does a minor above fifteen but below eighteen years of age incur criminal liability under Philippine law?
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Learn more about these topics
1. Attempted Rape Stage
Under Article 266-A of the Revised Penal Code, consummated rape by carnal knowledge requires the slightest penetration of the female labia or genitalia by the male organ. If the male organ merely touches the labia majora or labia minora, the rape is already fully consummated. Consequently, attempted rape by carnal knowledge is committed when the offender commences the commission of the crime directly by overt acts, such as introducing his private organ or placing himself on top of the victim while unclothed, but fails to make physical contact with or touch the victim's labia.
2. Estafa Via Falsification
Under Article 171 and Article 172 in relation to Article 315 of the Revised Penal Code, when a capataz or supervisor enrolls fictitious names in an official or commercial payroll and collects their corresponding wages every payday, he commits the complex crime of estafa through falsification of public, official, or commercial documents under Article 48. The falsification of the payroll is the necessary means employed to commit the swindling or misappropriation of the payroll funds, resulting in a single complex offense that carries the penalty for the more serious crime in its maximum period.
3. Doli Incapax Age
Under Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act No. 10630, the age of doli incapax or conclusive legal presumption of incapacity to commit a crime in the Philippines is fifteen years of age or under. A child in conflict with the law who is fifteen years old or below at the time of the commission of the offense is completely exempt from criminal liability. Such child is subjected instead to an appropriate intervention program administered by local government units and social welfare officers.