2007 II, (10%)

Tiburcio asked Anastacio to join their group for a "session".

Thinking that it was for a mahjong session, Anastacio
agreed. Upon reaching Tiburcio�s house, Anastacio discovered
that it was actually a shabu session. At that
precise time, the place was raided by the police, and
Anastacio was among those arrested.

What crime can Anastacio be charged with, if any? Explain your answer.

2736789

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)

(10%)

Macky, a security guard, arrived home late one night

after rendering overtime. He was shocked to see Joy,
his wife, and Ken, his best friend, in the act of having
sexual intercourse. Macky pulled out his service gun and shot
and killed Ken.

The court found that Ken died under exceptional

circumtances and exonerated Macky of murder but sentenced
him to destierro, conformably with Article 247 of the Revised
Penal Code. The court also ordered Macky to pay
indemnity to the heirs of the victim in the amount of P50,000.

a. Did the court correctly order Macky to pay indemnity

even though he was exonerated of murder? Explain
your answer.

b. While serving his sentenced, Macky entered the

prohibited area and had a pot session with Ivy (Joy�s
sister). Is Macky entitled to an indeterminate sentence
in case he is found guilty of the use of prohibited

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)

When does it apply?
Legally married person surprises his spouse in the act
of sexual intercourse with another person and kills
any or both of them in the act or immediately thereafter
Or under same circumstance, parents with respect to
minor daughters living with them, vis-�-vis seducers

? What must be the nature of intercourse?

o Sexual intercourse must be consensual

o Even if not consensual, Article 247 can still

apply if husband acted due to mistake of fact.

? Does Article 247 cover sexual assault?

o No, it only mentions actual intercourse.
RA 8353 did not amend Article 247.

? What if the killing happens an hour later?

o It is fine, if the killing was still proximate
and it must be the by-product of the spouse�s rage

? What if the spouses were living separately?

o It is not a required element so Article 247 can still apply.
o But for minor daughters, she must live with her parents.

? What is the punishment?

o Destierro, if there is death.
o None, if only physical injuries
o Must the court take into consideration mitigating
and aggravating circumstances?
? No, because destierro is not a punishment per se

? Who cannot benefit?

o One who prostitutes his spouse or daughter
? Is there civil liability for the killing of the paramour/spouse?

No, because Art. 247 is an absolutory cause � a crime

is committed but there is no criminal liability