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Chapter 1-Destruction of Life

(ART. 246) (ART. 248) (ART. 249) (ART. 255) (ARTS. 256, 257, 258 & 259) (ART. 260)
1. Offenders 1. Offenders 1. Offenders 1. Offenders 1. Offenders Formal or regular combat
F - Leg/Illeg. - Any person (not F, M, C, - Any person (not F, M, C, - Any person. previously
Dir M - Leg./Illeg. Sp.) Sp.) F&M - Parr. - Any person (W, Parents, approved/consented between
rels. C - Leg,/Illeg. Other pers - M/H Dr., Midwife, Pharm.) two parties in the presence of
Asc.- Leg. (Violent expulsion of a fetus two or more seconds of lawful
Desc.- Leg. or willful ages on each sides, who make
Coll. Sp.- Leg. killing of fetus) the selection or arms, fix all
rels. the condition of the fight to
settle antecedent quarrel.
2. Victims 2. Victims 2. Victims 2. Victims 2. Victims Death – RT
C (not less - Any person (not less than 3 - Any person (not less than 3 - Child less than 3 days old - Fetus (cannot subsist apart - PI - according to the nature.
than 3 days old). days old). (less than 72 hours). from the mother's womb). - seconds are accomplices.
days old) Leg./Illeg.
F Art. 261- Challenging to a
M Duel- incite him to accept a
- fight; scoff him when he
Desc. refused.
Asc. Leg.
3. Any mode of killing 3. Mode of killing 3. Mode of killing 3. Mode of killing Two kinds Ask him to come down for a
a.) Treachery. - Ordinary circs. - Any mode a) Intentional (Art. 256) fight – is Grave Threats (Art.
Exc. b.) Evid. Prem. - Use of violence upon the 282)
a.) Error en personae c.) Taking adv. of sup. Purpose: To kill. person of the pregnant
(Arts. 4 & 49) strength. Purpose is to abandon without (intent is to make the W
b.) Death under exceptional d.) Aid of armed men. int. to kill & Death results. abort)
circs. (Art. 247) e.) Employing means to - Not infanticide but -RT
c.) Reckless Imprudence weaken the defense. abandonment (Art. 276) - Without violence-
Resulting to Parricide (Art. f.) Consid. of price, reward or (1) by administrating
365) promise. - Loss of status drugs/beverages upon the
(AMa max to PC med) g.) Fire, poison. (Art. 347) woman without her consent-
h.) Calamities. Concealment of dishonor - PM.
i.) Cruelty. lower the pen. - PM - med - (2) with her consent
max per. (mother) -PC-med-max.
- Grandparents - RT (RA b) Unintentional Abortion
7659) - Cause the killing of the fetus
by violence but unintentional.
(PC- min-med.)
- Unintl. Abortion- Is
knowledge of the pregnancy
of the w necessary?
- US vs. Jeffrey- 15 Phil 391-
by SC - no.
- Pp vs. Carnaso-CA-
knowledge of the pregnancy
of the w is nec.-April 7 /64
Complex crime of Parricide
with Unintentional Abortion).
4. Pen – RP - D 4. Pen. RP-D 4. Pen. – RT Practised by: (Art. 258)
(RA 7659) Art. 250 - Pen. for Frust. P., (1) Woman herself or her
M, H. parents or any other persons
Att. - 1 deg.> with her consent.
2 deg. - Purpose is to conceal her
dishonor - carries a lower
(2) Physician, midwife take
advantage of their scientific
knowledge and skills (Art.
259)-Pen (Art 256-max)
Pharmacist –
dispensed w/ med.
without doctor's
prescription.-Pen- A
Ma & fine (1,000),

Therapeutic Abortion
(Doctor’s act to save

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.


1) Any legally married person, who having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any or both of them in the act or immediately thereafter, or shall inflict upon them
any serious physical injuries; and
2) Parents with respect to their daughters under 18 years old and their seducers, while the daughters are living with
with their parents.

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).