Note: passion and obfuscation is only a mitigating circumstance unlike in theUS where temporary insanity is absolutory.NO CRIMINAL LIABILITY IF: only inflicted less serious or slight physicalinjuries or when inflicted to a 3
person caught in the crossfire becauseaccused was not committing murder but inflicting death under exceptionalcircumstances.
Banishment not intended as penalty but to protect the killer spouse
from the acts of reprisals by relatives of the deceased.WHEN PARRICIDE NOT PUNISHED WITH RECLUSION PERPETUA TODEATH:1.Parricide committed through negligence2.committed by mistake3.committed under exceptional circumstancesCase:
People vs. Abarca 153 SCRA 735 (September 14, 1987)Facts:
Francisco Abarca caught his wife, Jenny, having sex with KhingsleyKoh. He stole an M16 from a PC soldier and opened fire at a mahjjongsession after warning others not involved to get out, killing Koh and injuringtwo others.
: Though one hour had passed between the time of thesexual intercourse and shooting, the shooting must be understood to be acontinuation of the pursuit of the victim. RPC only requires that the death bethe proximate result of the outrage overwhelming the accused after chancingupon his spouse in the basest act of infidelity. The killing must be the directby-product of the accused’s rage.
RPC does not say he should commit the killing instantly after witnessing the infidelity, it only requires that the killing be the direct result of the outrage suffered by the cuckolded husband.
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 punishedby
in its maximum period to death, if committed with anyof the following attendant circumstances:1. With
treachery, taking advantage of superior strength, withthe 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 theuse of any other means involving great waste and ruin
.Note: may be absorbed depending on the circumstances (e.g. bomb in car)4. On occasion of any of the
enumerated in the precedingparagraph, or of an
earthquake, eruption of a volcano, destructivecyclone, epidemic or other public calamity
.Note: not absorbed; this violates the moral expectation to lend assistanceand therefore makes the act more evil.5. With
, by deliberately and inhumanly augmenting thesuffering of the victim, or
outraging or scoffing at his person or corpse