Professional Documents
Culture Documents
TITLE 8
CRIMES AGAINST PERSONS
Art. 246. Parricide. – Any person who shall kill his father, mother or child, whether legitimate
or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty of reclusion perpetua to death.
Notes: Parricide is the most terrible and unnatural of crimes. It is said that, in Romulus’ time,
there was no penalty for parricide because it was considered a crime too evil ever to be
committed. Parricide is differentiated from murder and homicide by the relationship between
the killer and his or her victim. The commission of parricide is punished more severely than
homicide since human beings are expected to love and support those who are closest to them.
Parricide is committed when: (1) a person is killed; (2) the deceased is killed by the accused; (3)
the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendants or other descendants, or the legitimate spouse of the accused. Among the
three requisites, the relationship between the offender and the victim is the most crucial. This
relationship is what actually distinguishes the crime of parricide from homicide. In parricide
involving spouses, the best proof of the relationship between the offender and victim is their
marriage certificate. Oral evidence may also be considered in proving the relationship between
the two as long as such proof is not contested
Art. 247. Death or physical Injuries inflicted under exceptional circumstances.1- 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, 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 exempted from
punishment.
These rules shall be applicable, under the same circumstance, to parents, with respect to their
daughters under 18 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.
Note: Article 247 is not a felony. It 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. This
penalty is mere banishment and, as held in a case, is intended more for the protection of the
accused than a punishment. 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
1Article 247 is also known as extraordinary mitigating circumstance. It however does not exempt the
culprit from civil liability.
Session 2 and 3 (Crimes Against Persons)
In order to invoke Article 247, the defense must prove the following:
1. That a legally married person (or a parent) surprises his spouse (or his
daughter, under 18 years of age and living with him), in the act of committing
sexual intercourse with another person.
2. That he or she kills any or both of them or inflicts upon any or both of them
any serious physical injury in the act or immediately thereafter.
3. That he has not promoted or facilitated the prostitution of his wife (or
daughter) or that he or she has not consented to the infidelity of the other
spouse.
WHY IS THE PENALTY ONLY VERY LIGHT IN CASES COMING UNDER ARTICLE 247? -
The vindication of a Man's honor is justified because of the scandal an unfaithful wife creates;
the law is strict on this, authorizing as it does, a man to chastise her, even with death. But
killing the errant spouse as a purification is so severe as that it can only be justified when the
unfaithful spouse is caught in flagrante delicto; and it must be resorted to only with great
caution so much so that the law requires that it be inflicted only during the sexual intercourse
or immediately thereafter.
Human life is valuable albeit sacred. Cain has been the object of unrelentless curse for
centuries and millennia and his name will always be remembered in shame as long as there
are human generation able to read the Genesis. Twenty centuries of Christianity have not been
enough to make less imperative the admonition that Thou shall not kill," uttered by greatest
pundit and prophet of Israel. Laws constitution world charters have been written to protect
human life. Still it is imperative that all men be imbued with spirit of the Sermon on the Mount
that the words of the gospels be translated into reality and that their meaning fill all horizon
with the eternal aroma of encyclical love of mankind (People vs. Ignacio Lagata)
Art. 248. Murder (assasinato) - Any person, who, not falling within the provisions of Article
246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua
to death if committed with any of the following attendant circumstances.
a. With treachery
b. Taking advantage of superior strength
c. With the aid of armed men
d. Employing means to weaken defense
Session 2 and 3 (Crimes Against Persons)
Murder, defined - Murder is defined in the Philippines as the unlawful killing of another with
the presence of any of the qualifying circumstances mentioned in article 248. If the killing is
not attended by any of those circumstances, the killing may be some other crime like
homicide.
ELEMENTS OF MURDER
Note: When the killing is perpetrated with treachery and by means of explosives, the latter
shall be considered as a qualifying circumstance. Not only does jurisprudence 31 support this
view but also, since the use of explosives is the principal mode of attack, reason dictates that
this attendant circumstance should qualify the offense instead of treachery which will then be
relegated merely as a generic aggravating circumstance
Art. 249. Homicide - A crime committed by any person who shall kill another without the
attendance of any of the circumstances mentioned in article 248.
HOMICIDE, DEFINED - Murder is the killing of another which is not parricide or infanticide
and the killing is attended by any of the qualifying circumstances mentioned in article 248,
while homicide is the killing of another person without any qualifying circumstances. Absent
then of any qualifying circumstance, the crime committed is homicide.
ELEMENTS OF HOMICIDE:
ACCIDENTAL HOMICIDE, DEFINED- This is a homicide that results when the death of a
person is brought about by a lawful act performed with proper care and skill and absence of
criminal intent.
Article 251. Death caused in a tumultuous affray.- When, while several persons, not
composing groups organized for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the
course of the affray someone is killed, and it cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the
penalty of prision correccional in its medium and maximum periods shall be imposed upon all
those who shall have used violence upon the person of the victim.
Note: Article 251 becomes applicable when, several persons, not composing groups organized
for the common purpose of assaulting and attacking each other reciprocally quarrel and
assault each other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed the deceased, but the
person/s who inflicted serious physical injuries or those who used violence upon the person of
the victim can be identified
TUMULTUOUS AFFRAY - It is one which takes place when a quarrel occurs among several
persons not composing of organized groups, and these persons assaulted each other in a
confused and tumultuous manner. It takes place when a quarrel occurs between several
persons who engaged in a confused and tumultuous manner, in the course of which a person
is killed or wounded and the author thereof cannot be ascertained.
When the physical injuries inflicted are of a less serious nature and the person responsible
therefor cannot be identified, all those who appear to have used any violence upon the person
of the offended party shall be punished by arresto mayor from five to fifteen days.
Session 2 and 3 (Crimes Against Persons)
Article 253. Giving assistance to suicide - Committed by any person who shall assist another
to commit suicide, or lending his assistance to another to the extent of doing the killing
himself.
Note: One who commits or attempts to commit suicide is not liable under the law. Nullum
crimen nulla poena sine lege.
REASON WHY ONE WHO ATTEMPS SUICIDE IS NOT LIABLE – Because society has always
considered a person who attempts to kill himself as an unfortunate being, a wretched person
more deserving of pity rather than of penalty.
Analyze: A pregnant woman attempted to commit suicide by drinking poison. Instead of her
dying, it was the unborn child who died. Is the pregnant woman liable for the death of her
unborn child?
Art. 254. (Illegal) Discharge of firearm - Committed by any person who shall shoot at another
with any firearm.
Art. 255. Infanticide- is the killing of a child less than three (3) days old.
ELEMENTS OF INFANTICIDE
1. A child less than 3 days old (72 hours old or less) is killed;
2. The accused killed said child.
Note: There is no crime of infanticide if the child was born dead, or although alive, it could not
sustain an independent life when it was killed (example: the foetus killed was only 6 months
old.)
REASON WHY A MOTHER WHO KILLS HER CHILD LESS THAN THREE DAYS OLD TO
CONCEAL HER DISHONOR IS GIVEN LESS PENALTY – According to Salvador Viada, ―We
understand that the responsibility of the mother is mitigated when after giving birth to a baby
born out of illicit relationship, without time to reflect, excited and obfuscated solely by the fear
of her dishonor being made public, she desires to erase the traces of her mistake. but on the
day following, or on the third day when the disgraced child has been taken by the mother on
her lap, when the warmth of maternal love from the mother’s breast has been communicated to
it, when it has been given a kiss on its innocent cheek, honor cannot overcome filial love, a love
which has no equal on earth.‖
Art. 256. Intentional abortion - Committed by any person who shall intentionally cause an
abortion by:
ABORTION, DEFINED - The willful killing of the fetus in the uterus or violent expulsion of the
same from the maternal womb. The spontaneous or artificially induced expulsion of an embryo
or fetus.
Session 2 and 3 (Crimes Against Persons)
1. Violence is exerted, or any drugs or beverages be administered or the accused acts upon a
pregnant woman;
2. As a result thereof, the fetus dies, in the womb or after having been expelled therefrom;
3. The act is intended.
Art. 257. Unintentional abortion - Committed by any person who shall cause an abortion by
violence, but unintentionally
Analyze: A pregnant woman was suffering from severe stomach ache. The husband saw this
and in order to help her wife gave her a certain medicine in good faith. Unknown to both of
them, the medicine had abortifacient contents. The fetus was expelled and the wife suffered an
abortion. What is the crime committed by the husband?
Q: What crime is committed by one who would strike at a pregnant woman causing the
latter an abortion?
A: __________
Q: What crime is committed by one who would point a gun against a pregnant woman and
as a result of such gun poking the pregnant woman suffered an abortion because of the
shock that she suffered?
A: _________
Q: What crime is committed by one who would strike at a pregnant woman and as a result
of which both the woman and the unborn child died?
A: __________
Q: What crime is committed by a husband who would strike at his lawfully wedded wife
and as a result both the wife and the unborn child died?
A: __________
Note: A pharmacist who knew that the drug is to be used for abortion is liable as an
accomplice in the crime of abortion. If he does not have such knowledge but he sold
abortive without prescription, the crime is dispensing of abortives.
Session 2 and 3 (Crimes Against Persons)
DUEL, DEFINED- A combat agreed between two parties in the presence of seconds who
makes the selection of arms and fixes the conditions of the fight. A duel implies or means
an agreement to fight under determined conditions and with the participations and
intervention of seconds, who fix such conditions.
Art. 261. Challenging to a duel - Committed by any person who shall challenge another, or
incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly
for refusing to accept a challenge to fight a duel.
Art. 262. Mutilation - Committed by any person who shall intentionally mutilate another by
depriving him, either totally or partially, of some essential organ of reproduction (castration) .
Any other intentional mutilation is also punished (known as mayhem)
MUTILATION, DEFINED – In general, mutilation in criminal law is the depriving a man of the
use of any of those limbs which may be useful to him. It may also be defined as the lopping or
clipping off some part of the body.
Notes: Mutilation has two types. First is mutilation castration - A type of mutilation committed
by any person who shall intentionally mutilate another by depriving him, either totally or
partially, of some essential organ of reproduction. The word ―castration‖ is defined as the
removal of the testies or ovaries. Mutilation castration has these requisites: 1) that there be
a castration, that is, mutilation of organs necessary for generation; and 2) that the mutilation is
caused purposely and deliberately, that is, to deprive the offended party of some essential
organ for reproduction. Another type of mutilation is mutilation mayhem – which is committed
by any person who shall intentionally mutilate another of any part of his body except organ for
reproduction. According to Viada: ―At the head of these crimes, according to their order of
gravity, is the mutilation known by the name of "castration" which consists of the amputation
of whatever organ is necessary for generation. The law could not fail to punish with the utmost
severity such a crime, which, although not destroying life, deprives a person of the means to
transmit it. But bear in mind that according to this article in order for "castration" to exist, it is
indispensable that the "castration" be made purposely. The law does not look only to the result
but also to the intention of the act. Consequently, if by reason of an injury or attack, a person
is deprived of the organs of generation, the act, although voluntary, not being intentional to
that end, it would not come under the provisions of this article.‖
2 KINDS OF MUTILATION
1. Mutilation castration – Intentional cutting of any organ of the human body which is
essential for reproduction (reclusion temporal to reclusion perpetua).
2. Mutilation mayhem – Intentional cutting of any part of the human body which is is not
essential for reproduction (prision mayor medium and maximum periods)
Session 2 and 3 (Crimes Against Persons)
Note: Mutilation must be made purposely. if a mutilation is not caused purposely and
deliberately so as to deprive the offended party of a particular part of his body, the case will be
considered physical injuries.
HOW TO DETERMINE IF THE ACCUSED HAD THE INTENT TO KILL - The following factors
determine the presence of an intent to kill: (1) the means used by the malefactors; (2) the
nature, location, and number of wounds sustained by the victim; (3) the conduct of the
malefactors before, at the time, or immediately after the killing of the victim; and (4) the
circumstances under which the crime was committed and the motives of the accused. We also
consider motive and the words uttered by the offender at the time he inflicted injuries on the
victim as additional determinative factors
Art. 263. Serious Physical Injuries - Committed by any person who shall wound, beat or
assault another causing the offended party to become:
REQUISITES OF DEFORMITY
Q: A cut off the long hair of B while the latter was sleeping. What crime was committed by A?
A: __________
Art. 265. Less serious physical injuries - Committed by any person who shall inflict injuries
upon another which shall incapacitate the offended party for labor for 10 days or more, or
shall require medical attendance for the same period.
Session 2 and 3 (Crimes Against Persons)
Art. 266. Slight Physical Injuries- committed by any person who shall inflict physical injury
upon another which shall incapacitate another for labor from 1-9 days or shall require medical
attendance for the same period or any injury which does not prevent the offended party from
engaging in his habitual work nor require medical attendance, or shall ill treat another by deed
without causing any injury (maltreatment).
MALTREATMENT, DEFINED – The ill or wrong treatment of another person without causing
the victim any visible injury.
1. by a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a. through force or intimidation;
b. woman is deprived of reason or unconscious;
c. fraudulent machination or grave abuse of authority;
d. offended party is under 12 or is demented
2. By any person who, under any of the circumstances mentioned in par. 1 shall commit
an act of sexual assault by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person. 3
Note: Rape is now a genderless crime. It can be committed by both men and women. The
victim likewise can either be a man or woman. Rape under article 266-A is more of an
enumeration of how rape can be committed rather than a definition of it. Under paragraph 1,
known as rape by sexual intercourse, rape can be committed by a man against a woman, under
paragraph 2 (rape by sexual assault) rape can be committed by both men and women and the
victim could also be a man or a woman. In general rape by sexual intercourse carries a greater
penalty than rape by sexual assault. Rape under the second paragraph of Article 266-A is also
known as "instrument or object rape," "gender-free rape," or "homosexual rape." The gravamen
of rape through sexual assault is "the insertion of the penis into another person’s mouth or
anal orifice, or any instrument or object, into another person’s genital or anal orifice
RAPE, DEFINED – Unlawful sexual activity and usu. sexual intercourse carried out forcibly or
under threat of injury against the will usu. of a female or with a person who is beneath a
certain age or incapable of valid consent because of mental illness, mental deficiency,
intoxication, unconsciousness or deception.
CARNAL KNOWLEDGE, DEFINED - Carnal knowledge has been defined as the act of a man
having sexual bodily connections with a woman; sexual intercourse
1. When the victim is under 18 years of age and the offender is a parent, ascendant, step
parent, guardian relative within the 3rd degree, or the common law spouse of the parent
of the victim.
2 Amazingly in People vs. dela Torre 419 SCRA 18- Both husband and wife was found guilty of raping
their female maid.
3 In People vs. Soriano 388 SCRA 140, Supreme Court ruled that inserting a finger inside the genital of a
2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution
3. When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the 3rd degree of consanguinity
4. When the victim is a religious engaged in legitimate religious vocation personally known
by the offender
5. When the victim is below 7
6. When the offender knows that he is afflicted with HIV or AIDS
7. When committed by any member of the AFP or para military units or PNP or any law
enforcement agency or penal institution.
8. When the offender knew of the pregnancy of the offended party
9. When the offender knew of the mental disability, emotional disorder or physical
handicap of the offended party.
GRAVAMEN OF RAPE - The gravamen of the crime of rape is carnal knowledge of a woman
against her will.
Art. 266-C Effect of pardon - The subsequent valid marriage between the parties4 shall
extinguish the criminal action or the penalty imposed. The forgiveness by the wife shall
extinguish the criminal action or the penalty.
REQUIRED LEVEL OF RESISTANCE OF VICTIM IN RAPE CASES - Any physical overt act
manifesting resistance against the rape in any degree from the victim is admissible as evidence
of lack of consent. Tenacious resistance, however, is not required. Neither is a determined and
persistent physical struggle on the part of the victim necessary.
4But the pardon will not benefit the accomplices and the accessories. But in crimes against chastity
pardon benefits even the accomplices and the accessories.
Session 2 and 3 (Crimes Against Persons)