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Therapeutic Abortion
(Doctor’s act to save
mother)
PARRICIDE IS BASED ON THE RELATIONSHIP OF THE OFFENDER AND THE OFFENDED PARTY (LDB- legitimate, direct line and by blood except the spouse- collateral. No Parricide in the killing of brothers and
sisters, because the relationship is collateral.
Marriage can be proven by the Marriage Certificate. In its absence or non-availability, it can be proven by testimonies of the parties and their witnesses (confirmation of the semper praesumitur promatrimonio, if
not contradicted) – Pp. vs. Ignacio , March l997- 81 SCAD & Pp. vs. Malabago – December l996.
Penalty – Destierro
Other physical injuries (not serious) – exempted.
(Any person who shall promote or facilitate prostitution of his wife or daughter, or shall have consented to the
infidelity of the other spouse, shall not be entitled to the benefit of this article.
Article 247 does not define and penalize a felony, but provides for a privilege or benefit to the accused. It is an
an exempting circumstance. It’s a matter of defense and must be proved. The purpose of Destierro is for the
protection of the accused against the retaliation or vendetta from the relatives of the person killed (Pp. vs. Coricor-
79 Phil. 672).
The surprising must be at the moment the sexual intercourse is taking place. It it is only about to take place or has
already taken place, no benefit can be availed.
On the term “immediately thereafter” – as long as the killing is a continuous sequence. The killing must be motivated
by the same blind impulse and the direct by-product of the accused’s rage (Pp. vs. Araquel – 106 Phil. & Pp. vs. Abarca-
September, l987).