TITLE 8-CRIMES AGAINST PERSONS

Chapter 1-Destruction of Life

PARRICIDE MURDER HOMICIDE INFANTICIDE ABORTION DUEL
(ART. 246) (ART. 248) (ART. 249) (ART. 255) (ARTS. 256, 257, 258 & (ART. 260)
259)
1. Offenders 1. Offenders 1. Offenders 1. Offenders 1. Offenders Formal or regular combat
F - Leg/Illeg. - Any person (not F, M, C, - Any person (not F, M, C, - Any person. previously
Dir M - Leg./Illeg. Sp.) Sp.) F&M - Parr. - Any person (W, Parents, approved/consented
rels. C - Leg,/Illeg. Other pers - M/H Dr., Midwife, Pharm.) between two parties in the
Asc.- Leg. (Violent expulsion of a presence of two or more
Desc.- Leg. fetus or seconds of lawful ages on
Coll. Sp.- Leg. willful killing of fetus) each sides, who make the
rels. selection or arms, fix all the
condition of the fight to
settle antecedent quarrel.
2. Victims 2. Victims 2. Victims 2. Victims 2. Victims Death – RT
C (not less - Any person (not less than - Any person (not less than - Child less than 3 days old - Fetus (cannot subsist - PI - according to the
than 3 3 days old). 3 days old). (less than 72 hours). apart from the mother's nature.
days old) Leg./Illeg. womb). - seconds are accomplices.
F
M Art. 261- Challenging to
a Duel- incite him to
Desc. accept a - fight; scoff
Asc. Leg. him when he refused.
Sp.
3. Any mode of killing
Exc.
a.) Error en personae
(Arts. 4 & 49)
b.) Death under
exceptional circs. (Art.
247)
c.) Reckless Imprudence
Resulting to Parricide (Art.
365)
(AMa max to PC med)
3. Mode of killing
a.) Treachery.
b.) Evid. Prem.
c.) Taking adv. of sup.
strength.
d.) Aid of armed men.
e.) Employing means to
weaken the defense.
f.) Consid. of price, reward
or promise.
g.) Fire, poison.
h.) Calamities.
i.) Cruelty.
3. Mode of killing 3. Mode of killing
- Ordinary circs. - Any mode
Purpose: To kill.
Purpose is to abandon
without int. to kill & Death
results.
- Not infanticide but
abandonment (Art. 276)
- Loss of status
(Art. 347)
Concealment of dishonor -
lower the pen. - PM - med -
max per. (mother)
- Grandparents - RT (RA
7659)
Two kinds Ask him to come down for
a) Intentional (Art. 256) a fight – is Grave Threats
- Use of violence upon the (Art. 282)
person of the pregnant
(intent is to make the W
abort)
-RT
- Without violence-
(1) by administrating
drugs/beverages upon the
woman without her
consent-PM.
(2) with her consent
-PC-med-max.
b) Unintentional Abortion
- Cause the killing of the
fetus by violence but
unintentional.
(PC- min-med.)
- Unintl. Abortion- Is
knowledge of the
pregnancy of the w
necessary?
- US vs. Jeffrey- 15 Phil
391- by SC - no.
- Pp vs. Carnaso-CA-
knowledge of the
pregnancy of the w is nec.-
April 7 /64
Complex crime of Parricide
with Unintentional
Abortion).
4. Pen – RP - D 4. Pen. RP-D 4. Pen. – RT Practised by: (Art. 258)
(RA 7659) Art. 250 - Pen. for Frust. P., (1) Woman herself or her
M, H. parents or any other
Att. - 1 deg.> persons with her consent.
2 deg. - Purpose is to conceal her
dishonor - carries a lower
pen-
PC-min-med.
(2) Physician, midwife take
advantage of their
scientific knowledge and
skills (Art. 259)-Pen (Art
256-max)
Pharmacist –
dispensed w/ med.
without doctor's
prescription.-Pen- A
Ma & fine (1,000),

Therapeutic
Abortion
(Doctor’s act to
save mother)

PARRICIDE IS BASED ON THE RELATIONSHIP OF THE OFFENDER AND THE OFFENDED PARTY (LDB- legitimate, direct line and by blood except the spouse-
collateral. No Parricide in the killing of brothers and sisters, because the relationship is collateral.
Marriage can be proven by the Marriage Certificate. In its absence or non-availability, it can be proven by testimonies of the parties and their witnesses (confirmation of the
semper praesumitur promatrimonio, if not contradicted) – Pp. vs. Ignacio , March l997- 81 SCAD & Pp. vs. Malabago – December l996.

ARTICLE 247- DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES.

1) Any legally married person, who having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any or both of them in the act or immediately thereafter, or shall inflict upon them
any serious physical injuries; and
2) Parents with respect to their daughters under 18 years old and their seducers, while the daughters are living with
with their parents.

Penalty – Destierro
Other physical injuries (not serious) – exempted.

(Any person who shall promote or facilitate prostitution of his wife or daughter, or shall have consented to the
infidelity of the other spouse, shall not be entitled to the benefit of this article.

Article 247 does not define and penalize a felony, but provides for a privilege or benefit to the accused. It is an
an exempting circumstance. It’s a matter of defense and must be proved. The purpose of Destierro is for the
protection of the accused against the retaliation or vendetta from the relatives of the person killed (Pp. vs. Coricor-
79 Phil. 672).

The surprising must be at the moment the sexual intercourse is taking place. It it is only about to take place or has
already taken place, no benefit can be availed.

On the term “immediately thereafter” – as long as the killing is a continuous sequence. The killing must be motivated
by the same blind impulse and the direct by-product of the accused’s rage (Pp. vs. Araquel – 106 Phil. & Pp. vs. Abarca-
September, l987).