TITLE 8: CRIME

AGAINST PERSON
SECTION 1:
ART 246-254
CRIME AGAINST PERSON
In criminal law, the term offence against
the person or crime against the person
usually refers to a crime which is
committed by direct physical harm or
force being applied to another person
ART. 246 PARRICIDE
● Parricide is a criminal act
of killing his father,
mother, or child, whether
legitimate or illegitimate,
or any of his ascendants,
or descendants, or his
spouse, shall be punished
by the penalty of reclusion
Perpetua to death.
 ELEMENTS OF
PARRICIDE
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
a. father, mother, or
b. child, whether legitimate or illegitimate, or
c. legitimate other ascendant or other descendant,
or
d. legitimate spouse of the accused.
Cases of parricide when the
penalty shall not be reclusion
Perpetua to death:

1.parricide through negligence (art

.365)
2. parricide by mistake ( art. 249)
3. parricide under exceptional
circumstances ( art. 247)
If a person wanted to kill
a stranger but by mistake
killed his own father, will
it be parricide?
If a person killed another
not knowing that the
latter was his son, will he
be guilty of parricide?
 ART. 247 DEATH OR
PHYSICAL INJURIES
INFLICTED UNDER
EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS
1.That a legally married person or a parent surprises his
spouse or his daughter, the latter 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 others.
ART. 248 MURDER

Unlawful killing of any

person which is not
parricide or infanticide,
provided that any of the
following circumstances is
present:
ELEMENTS:
1. That a person was killed.
2.That the accused killed
him.
3.That the killing was
attended by any of the
qualifying circumstances
mentioned in Art. 248.
That the killing is not
parricide or infanticide.
 QUALIFIYING
AGGRAVATING
CIRCUMSTANCES
1. With treachery, taking
advantage of superior strength,
with the aid of armed men, or
employs 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,

shipwreck, stranding of a vessel, derailment
or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use
of any other means involving great waste and
ruin.
4.On occasion of any
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a
volcano, destructive cyclone,
epidemic, or any other public
calamity.

5.With evident premeditation.

6. With cruelty, by
deliberately and
inhumanly augmenting the
suffering of the victim, or
outraging or scoffing at his
person or corpse. (As
amended by R.A. no. 7659)
ART. 249
HOMICIDE

The unlawful killing

of any person, which
is neither parricide,
murder nor
infanticide.
ELEMENTS:
1.That a person was killed.
2. That the accused killed him without any
justifying circumstance.
3. That the accused had the intention to
kill, which is presumed.
4. That the killing was not attended by any
of the qualifying circumstances of murder,
or by that of parricide or infanticide.
 ART. 250 PENALTY FOR
FRUSTRATED PARRICIDE,
MURDER, OR HOMICIDE.
~Courts may impose a penalty two
degrees lower for frustrated parricide,
murder or homicide.

~Courts may impose a penalty three

degrees lower for attempted
parricide, murder or homicide.
 ART. 251 DEATH CAUSED
IN A TUMULTUOUS
AFFRAY.
ELEMENTS:
1.That there be several persons.
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally.
3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner.
4 .That someone was killed in the course of the
affray.
5 .That it cannot be ascertained who actually
killed the deceased.
6. That the person or persons who inflicted
serious physical injuries or who used violence
can be identified.
ART. 252 PHYSICAL
INJURIES INFLICTED
IN A TUMULTUOUS
AFFRAY.
ELEMENTS:

1. That there is a tumultuous affray as

referred to in Art. 251.
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only.
3. That the person responsible therefor
cannot be identified.
4 .That all those who appear to have used
violence upon the person of the offended
party are known.
ART. 253 - GIVING
ASSISTANCE TO
SUICIDE
 PUNISHABLE ACTS:

By assisting another to commit

suicide, whether the suicide is
consummated or not.

By lending his assistance to another

to commit suicide to the extent of
doing the killing himself.
EUTHANASIA

Mercy Killing, is a practice

of painlessly putting to death
a person suffering from some
incurable disease. It is
punishable under this article.
ART. 254
DISCHARGE
OF FIREARMS
ELEMENTS:

1. That the offender discharges a firearm

against or at another person.

2. That the offender has no intention to kill

that person.