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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 of 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 seducer, while the daughters are
living with their parents.
Any person who shall promote of facilitate the prostitution of his wife or daughter, or
shall otherwise have consented to the infidelity of their spouse shall not be entitled to the benefits
of this article.
i

Arguments:
1. Discrimination of women
In the Senate Bill of 2565, Senator Manny Villar proposed the repeal of Art. 247 of the Revised
Penal Code for it the said article discriminates against women. Specifically, the said provision
discriminates against women since it provides that the rules shall be applicable also to parents
with respect to their daughters under eighteen years of age, and their seducer, while the
daughters are living with their parents. It applies exclusively to daughters and not to the sons.
ii

Moreover, this provision is on violation of the following:
a) Convention of the Rights of the Child (International convention)
Article 19 which mandates our government to take all appropriate legislative,
administrative, social and educational measures to protect the child from all forms of
physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment
or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or
any other person who has care of the child
iii

b) Convention on the Elimination of Discrimination Against Women (International
convention)
In line with the existing laws in the country, CEDAW promotes equality and
protection of women against abuse and exploitation. Thus, CEDAW develops policy
measures and rights that guarantees the rights properly accorded to women.
The Philippines, as one of the various State Parties to CEDAW bears the
obligation to pursue, a policy of eliminating discrimination against women and to
this end, undertake to:
1. Embody the principle of equality in constitution and laws;
2. Ensure practical realization of the principle of equality;
3. Prohibit discrimination against women;
4. Refrain from discrimination;
5. Eliminate discrimination by any person, organization or enterprise;
6. Modify or abolish laws, regulations, customs and practices that constitute
discrimination; and
7. Repeal discriminatory penal provisions
iv

Moreover, as a state party to the said international convention, the Philippines is
mandated to comply with the provisions of CEDAW. Also, it was stated in the case of
Santos III v. Northwest Airlines that conventions are considered to be treaty
commitments voluntarily assumed by the Philippine government and, as such, has
the force and effect of law in this country
v

2. Death penalty and light felony

Death penalty has been outlawed in our country with the enactment of RA 9346 in 2006, but
Article 247 practically penalizes with death a spouse or daughter who is caught in the act of
committing sexual intercourse.
vi


i
An Act Revising the Penal Code and Other Penal Laws, [Revised Penal Code], Act No.3815, Art. 247 (1932).

ii
Sen. Manny Villar, Senate Bill No. 2565, available at http://www.senate.gov.ph/lisdata/103128830!.pdf (last
accessed July 22, 2014)

iii
Convention on the Rights of the Child, available at http://www.ohchr.org/en/professionalinterest/pages/crc.aspx
(last accessed July 22, 2014)

iv
State Obligations, available at http://pcw.gov.ph/international-commitments/cedaw/state-obligations (last
accessed July 22, 2014)

v
Santos III v. Northwest Orient Airlines, 210 SCRA 256, 261 (1992).

vi
Repealing Article 247 of the revised Penal Code, available at http://pcw.gov.ph/wpla/repealing-article-247-
revised-penal-code