NOTES: BOADO

SECTION 1: PARRICIDE, MURDER, HOMICIDE

TITLE EIGHT – BOOK II
CRIMES AGAINST PERSONS
CHAPTER 1: DESTRUCTION OF LIFE ARTICLE 246. Parricide. — Any person who shall kill his
father, mother, or child, whether legitimate or illegitimate,
CRIMES COVERED: or any of his ascendants, or descendants, or his spouse, shall
be guilty of parricide and shall be punished by the penalty of
1. Parricide reclusión perpetua to death.
2. Murder
3. Homicide ELEMENTS:
4. Death caused in a tumultuous affray
5. Physical injuries inflicted in a tumultuous affray 1. A person is killed
6. Giving assistance to suicide 2. The deceased is killed by the accused
7. Discharge of firearms 3. The deceased is the father, mother, or child (legitimate
8. Infanticide or illegitimate), legitimate other ascendants,
9. Intentional abortion descendants or the legitimate spouse of the accused.
10. Unintentional abortion
11. Abortion practiced by the woman herself or by her  Based on the relationship of the offender and
parents offended party.
12. Abortion practiced by a physician or midwife and
dispensing of abortives a. Legitimate (if child either Leg or IL)
13. Duel b. Direct line (ascending or
14. Challenging to a duel descending)
15. Mutilation c. By blood (except for spouse)
16. Serious physical injuries
17. Administering injurious substances or beverages  No parricide in collateral and adopter by adopted.
18. Less serious physical injuries
19. Slight physical injuries and maltreatment
20. Rape
PARRICIDE INFANTICIDE
 Based on relationship Based on the age of the child
(less than 3 DAYS old)
Committed only by relatives May be committed by
enumerated strangers
Conspiracy not applicable Conspiracy is applicable
To conceal dishonor of the To conceal mother’s
mother is not a mitigating dishonor is mitigating
circumstance circumstance
 Parricide between spouses:
Any person who shall promote or facilitate the prostitution
of his wife or daughter, or shall otherwise have consented to
the infidelity of the other spouse shall not be entitled to the
benefits of this article.
 This article provides for a privilege.
 No criminal liability.
2 STAGES MUST BE MET BEFORE THE BENEFIT OF THIS
PROVISION MAY BE INVOKED

a. Marriage certificate a. Accused surprised his spouse

b. Oral evidence b. He inflicted injuries or killed the spouse or paramour
during the sexual intercourse or immediately thereafter
 Must be alleged in the INFORMATION.

ARTICLE 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.

If he shall inflict upon them physical injuries of any other

kind, he shall be exempt from punishment.

These rules shall be applicable, under the same

circumstances, to parents with respect to their daughters
under eighteen years of age, and their seducers, while the
daughters are living with their parents.
 6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.

ARTICLE 249. Homicide. — Any person who, not falling within

ARTICLE 248. Murder. — Any person who, not falling within
the provisions of article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusión temporal in its
maximum period to death, if committed with any of the
following attendant circumstances:
the provisions of article 246 shall kill another without the
attendance of any of the circumstances enumerated in the
next preceding article, shall be deemed guilty of homicide and
be punished by reclusion temporal.

1. 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.

2. In consideration of a price, reward or promise.

3. 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.

4. 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.

5. With evident premeditation.