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CRIME: PARRICIDE considered generic aggravating in parricide. (US vs.

Cunanan, 29 Phil 6) For


example: The husband may poison the wife or kill her by means of fire, or
PERIOD TO PREPARE COMPLAINT WHEN ARRESTED WITHOUT A resort to treachery. Said circumstances will be appreciated as generic
WARRANT: 36 hours aggravating circumstances.

Elements of parricide: Parricide through negligence.


1.A person is killed; The killing maybe negligence as when a husband plays with his gun which
2.The deceased is killed by the accused; went off and killed his wife.
3.The deceased is the -
a)father, mother, or; Parricide through reckless imprudence.
b)child, whether legitimate or illegitimate, or Husband, who, while struggling for the possession of the gun with his
c)legitimate other ascendant or other descendant, or children, without intent to kill anyone, pulled the trigger of the gun which
d)the legitimate spouse of the accused. exploded and hit his wife who was approaching them, is guilty of parricide
through reckless imprudence. (People vs. Recote, 96 Phil 980)
Relationship must be in the direct line and by blood Parricide through reckless imprudence is punished by arresto mayor in
its maximum period to prison correctional in its medium period. If
The relationship of the offender with the victim is the essential element committed through simple imprudence or negligence, the penalty is
of parricide. Except for spouse, the relationship must be in the direct arresto mayor in its medium and maximum period. (Art. 365 in relation to
line and by blood. Adopted are not included. There is no parricide in the Art. 246)
killing of brothers and sisters because the relationship is collateral.
Cases of parricide when the penalty shall not be reclusion perpetua to
The other ascendant or descendant must be legitimate. The spouse death:
must also be legitimate (People vs. Subano, 73 Phil 692). On the other 1.parricide through negligence (Art.365)
hand, the father, mother or child may be legitimate or illegitimate. 2.parricide by mistake [error in personae] (Art. 49)
3.parricide under exceptional circumstances (Art. 247)
The best proof of the marriage would be the marriage contract but in
the absence thereof, oral evidence of the fact of marriage may be JUSTIFYING CIRCUMSTANCES
considered by the court if such proof is not objected to or if the accused AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
does not object to the claim of marriage. Art. 11. Justifying circumstances. The following do not incur any
criminal liability:
The child should not be less than 3 days old (72 hours); otherwise, the 1. Anyone who acts in defense of his person or rights, provided that the
offense is infanticide. following circumstances concur;
First. Unlawful aggression.chanrobles virtual law library
Muslim husbands with several wives can be convicted of parricide only Second. Reasonable necessity of the means employed to prevent or repel
in case the first wife is killed. (People vs. Subano) The killing of the 2nd, it.chanrobles virtual law library
3rd or 4th wife will not constitute parricide because a Muslim should not Third. Lack of sufficient provocation on the part of the person defending
punished more than a non-Muslim by reason of a marriage which the law himself.chanrobles virtual law library
allows him to contract. 2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or
A stranger who cooperates and takes part in the commission of the sisters, or his relatives by affinity in the same degrees and those
crime of parricide, is not guilty of parricide but only homicide or murder, consanguinity within the fourth civil degree, provided that the first and
as the case may be because of the absence of relationship. (People vs. second requisites prescribed in the next preceding circumstance are
Patricio, 46 Phil 875) present, and the further requisite, in case the revocation was given by the
person attacked, that the one making defense had no part
Conspiracy cannot be applied in parricide because relationship is an therein.chanrobles virtual law library
element of parricide. To illustrate: A mother asked her brother to kill her 3. Anyone who acts in defense of the person or rights of a stranger,
child which he did. What crimes were committed? provided that the first and second requisites mentioned in the first
circumstance of this Art. are present and that the person defending be not
If the child is less than 3 days old, the mother and the brother committed induced by revenge, resentment, or other evil motive.chanrobles virtual
infanticide. If for the mother it is to conceal dishonor, it is extenuating but law library
only in her case. Only one information will be filed. 4. Any person who, in order to avoid an evil or injury, does not act which
causes damage to another, provided that the following requisites are
If the child is 3 days old or more, the mother will be held liable for present;
parricide; the brother, for murder qualified by treachery. To conceal
dishonor is not mitigating for both mother and brother. Two informations First. That the evil sought to be avoided actually exists;
will be filed. Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of
Relationship must be alleged and proved preventing it.chanrobles virtual law library
5. Any person who acts in the fulfillment of a duty or in the lawful exercise
The information failed to state that the offender and the deceased are of a right or office.chanrobles virtual law library
married. During the trial, the offender admitted his marriage to the 6. Any person who acts in obedience to an order issued by a superior for
decease. Can the offender be convicted of parricide? No, because that will some lawful purpose.chanrobles virtual law library
violate the offender's right to information of the nature of the charged
against him. Offender can be convicted only of murder or homicide as the
case may be, aggravated by relationship since he is accused of
murder/homicide and not parricide where relationship is inherent.

Relationship must be alleged and proved. If not, relationship would only


be considered as aggravating circumstance. (People vs. Jumawan, 116
SCRA 739)

Qualifying circumstances in murder

The presence of any of the qualifying circumstances in murder will be