Article 247 of the Revised Penal Code

Article 247 of the Revised Penal Code involves death or physical injuries inflicted
under exceptional circumstances. It states that:

“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 seducer, while
the daughters are living with their parents.

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.”

In the case of People vs. Araquel, the Supreme Court explained the rationale of
Article 247, to wit:

“As may readily be seen from its provisions and its place in the Code, the
above-quoted article, far from defining a felony, merely provides or grants a
privilege or benefit amounting practically to an exemption from an adequate
punishment to a legally married person or parent who shall surprise his spouse or
daughter in the act of committing sexual intercourse with another, and shall kill
any or both of them in the act or immediately thereafter, or shall inflict upon
them any serious physical injury. Thus, in case of death or serious physical
injuries, considering the enormous provocation and his righteous indignation, the
accused – who would otherwise be criminally liable for the crime of homicide,
parricide, murder, or serious physical injury, as the case may be – is punished
only with destierro. And where physical injuries other than serious are inflicted,
the offender is exempted from punishment. In effect, therefore, Article 247, or
the exceptional circumstances mentioned therein, amount to an exempting
circumstance, for even where death or serious physical injuries is inflicted, the
penalty is so greatly lowered as to result to no punishment at all.”
ELEMENTS that must be present for Article 247 to apply:

1. The offender is any legally married person;

2. The offender surprises his spouse in the act of committing sexual intercourse
with another person;

3. The offender kills or seriously injures any or both of them;

4. The offender kills or seriously injures during the act of sexual intercourse or
immediately thereafter.

The term “immediately thereafter” means that from discovery to the escape
and the killing, there must be no interruption or interval of time. The pursuit and
the killing must form part of one continuous act. However, it is not necessary that
the victim is to be killed instantly by the accused after surprising his spouse in the
act of intercourse with another person. What is required is that the death
caused must be the proximate result of the outrage overwhelming the accused
after chancing upon his spouse in the act of infidelity. This is because the
purpose of the law is to afford protection to a spouse who is considered to act in
a justified outburst of passion or a state of mental disequilibrium.

The act of committing sexual intercourse means that a carnal act is being
committed by the victims at the time they are killed or injured by the offender.
Thus, it does not apply when a man kills his wife just because he saw another
man jump out the window of his house upon his arrival or when his spouse and
another man are merely sleeping on the same bed. It also does not include acts
preparatory to sexual intercourse.

If death or serious physical injuries occur, the punishment is destierro. However,

the banishment is intended more for the protection of the offender rather than a
penalty.

This article cannot be availed by persons who have promoted or facilitated

prostitution of their wife or daughter nor by those who have consented to the
infidelity of the other spouse.
 Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section Two. - Violation of Parliamentary Immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor

shall be imposed upon any person who shall use force, intimidation, threats, or
fraud to prevent any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the Assembly (Congress) or of any of
its committees or subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his vote; and the penalty
of prision correccional shall be imposed upon any public officer or employee
who shall, while the Assembly (Congress) is in regular or special session, arrest or
search any member thereof, except in case such member has committed a
crime punishable under this Code by a penalty higher than prision mayor.

TWO ACTS PUNISHABLE

1) Using force, intimidation, threats, or frauds to prevent any member of the

National Assembly from (1) attending the meetings of the Assembly or of any of
its committees or subcommittees, constitutional commissions or committees or
divisions thereof, or from (2) expressing his opinions or casting his vote

ELEMENTS

1) The offender uses force, intimidation , threats or fraud

2) The purpose of the offender is to prevent any member of the National

Assembly from –

a) attending the meetings of the Assembly or of any of its committees or

constitutional commissions, etc.

b) expressing his opinions

c) casting his vote

The offender is any person.

2) By arresting or searching any member thereof while the National Assembly is
in regular or special session, except in case such member has committed a
crime punishable under the Code by a penalty higher than prision mayor

ELEMENTS

1) The offender is a public officer or employee

2) He arrests or searches any member of the National Assembly

3) The Assembly, at the time of arrest or search, is in regular or special session

4) The member arrested or searched has not committed a crime punishable

under the Code by a penalty higher than prision mayor

NOTE: It is not necessary that a member of the Assembly is actually prevented

from attending the meeting of the National Assembly. It is sufficient that the
offender, in using force, intimidation, threats or frauds has the purpose to
prevent a member from exercising any of his prerogatives.

PARLIAMENTARY IMMUNITY – guarantees the legislator complete freedom of

expression without fear of being made responsible in criminal or civil actions
before the courts or any other forum outside of the Congressional Hall.

Parliamentary immunity does not protect members of the National Assembly

from responsibility before the legislative body itself whenever his words and
conduct are considered by the latter disorderly or unbecoming of a member
thereof. He could be censured, committed to prison, suspended, and even
expelled by the votes of his colleagues.

The 1987 Constitution exempts members of Congress from arrest, while the
Congress is in session, for all offenses punishable by a penalty less than prision
mayor.

To be consistent with the 1987 Constitution, the phrase “by a penalty higher than
prision mayor” in Article 145 should be amended to read: “by penalty of prision
mayor or higher.”