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As this law provides, parents who surprise their minor daughter in the act of sexual intercourse

with another person and kill or injure their daughter and/or the seducer while in the act or
immediately thereafter, are exempt from punishment. While this law initially applies to married
persons who catch their spouse in the act of sexual intercourse, its applicability extends to
parents with respect to their minor daughters who are living with them. The law also provides
that this exemption applies only to parents who do not promote or facilitate the prostitution of
their daughter. Thus, in order to avail this exemption, your brother must prove that all of the
above circumstances provided by law are present in his situation.
It is opined that the reason for the exemption under this law is that the killing or injury was
committed without sufficient intelligence since it was caused by overwhelming passion (Leonor
D. Boado, Notes and Cases on the Revised Penal Code, 2008).
Furthermore, although there is no punishment of imprisonment in this case, the law provides that
if the parent killed or inflicted serious physical injuries on the daughter and/or the seducer, the
penalty of destierro shall be imposed upon the parent. In connection with this, it is important to
note that jurisprudence ruled that destierro is not really a punishment because there is nothing to
penalize. Rather, it is a protection to the accused against retaliation or vendetta by the injured
party (People vs. Abarca, G.R. No. 74433, September 14, 1987).
Thus, if a criminal complaint is filed against your brother, he may interpose his defense that the
injuries he inflicted where made under the exceptional circumstances discussed above. And as
long as he can prove that the circumstances surrounding the incident conform with the elements
of the above-discussed law, then he will be exempt from punishment.
Again, we find it necessary to mention that this opinion is solely based on the facts you have
narrated and our appreciation of the same. The opinion may vary when the facts are changed or