Title 8 - [1/2] (246-254) Crimes Against Persons Flashcards
246
Parricide
How is parricide committed?
Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.
Distinguish Parricide and Infanticide
State elements of both
Elements of Parricide
- a person is killed
- deceased is killed by the accused
- deceases is the father, mother, child, whether legitimate or illegitimate, or a legitimate other ascendant, or other descendant, or legitimate spouse, of the accused
note
-‘cendant’ means directly related by blood
- cousins, nieces, nephews, ergo are not part
- siblings cannot be victims
In parricide between spouses, how will the relationship be proved?
Marriage Certificate
If, however, the oral evidence presented to prove the fact of marriage is not objected to, the said evidence may be considered by the court.
If the information failed to mention that the offender and the offended are married, can the former be convicted with parricide?
No, Relationship must be alleged. Spouse cannot be convicted of parricide if charged only with murder. However, relationship must be considered aggravating even if not alleged in the information
Art 247
Death or Physical Injuries Inflicted under Exceptional Circumstances
“Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro
…These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.”
Elements of 247
- That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person.
- That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter
- That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse
notes on 247
- What is required is that the killing is the proximate result of the outrage overwhelming the accused upon
- If an offender surprised a couple in sexual intercourse and believes the woman to be his wife, killed them, this article may be applied if the mistake of fact is proved.
- The trend is that it may include foreplay as long as there is a very clear indication that a prudent man can infer that sexual intercourse will happen
Does art. 247 define and penalize a felony?
No, Art. 247 does not define and penalize a felony. It merely provides a privilege or benefit amounting practically to an exemption from an adequate punishment.
What is the nature of the penalty of destierro on the innocent spouse
The penalty of destierro is not really intended as a penalty but to remove the killer spouse from the vicinity and to protect him or her from acts of reprisal principally by relatives of the deceased spouse.
If a period of time such as one hour passed
from the surprising to the killing, will the
benefit still be available?
Yes, as long as the killing must be the direct byproduct of the accused’s rage.
It only requires that the death caused be the proximate result of the outrage overwhelming the accused after chancing upon the spouse in the basest act of infidelity.
But the killing should have been actually motivated by the same blind impulse, and must not have been influenced by external factors. The killing must be the direct by-product of the accused’s rage.
When third persons (outsiders) are injured in the course of firing at the paramours, will the offended spouse be free from criminal liability?
Yes, the accused cannot be held liable for injuries sustained by third persons as a result thereof.
Inflicting death under exceptional circumstances is not murder. Therefore, the accused cannot be held liable for injuries sustained by third persons as a result thereof.
What are required before the benefit of this provision can be invoked?
state the elements
How should the requirements of the law be complied with?
The requisites of Art. 247 must be established by the evidence of the defense, because the prosecution will have to charge the defendant with parricide and/or homicide, in case death results; or serious physical injuries in the other case.
