246 - Parricide

Includes killing of illegitimate ascendants/descendants

What if illegit child kills illegit grandparent?

Not parricide. Between illegitimates, only between parents and children. Does not
include grandparents.

Between siblings - not parricide. Parricide involves between ascendants and

descendants, not collaterals.

Between adopted child and adopting parents - no parricide. Absence of blood

relationship, even if adoption is with a judicial decree.

Killing of live-in partner - not parricide. It must be between legally married

spouses.

Pending a case of declaration of nullity - parricide.

Once declaration of nullity is final - not parricide.

Marriage is void ab initio before declaration of nullity of judgment - parricide.

^^^^^^
QUESTION THIS!!!

In Muslim marriages, if one wife kills another wife of their husband = not
parricide. Murder or homicide rather

First marriage - judicial declaration of nullity even if it is void

Second bigamous marriage - according to judge, not parricide.

Even if the marriage is void ab initio it is presumed valid until a declaration of

nullity of marriage is obtained.

CABADO - if the wife kills his husband and the marriage is void ab initio, is it
parricide?

247 - People v Barca (leading case)

Even if the husband has been declared presumed dead and the wife marries another
man, if the first husband surprised his spouse having intercourse with the second
husband, Art. 247 would still apply.

The criminal mind of the accused must be considered.

Sodomy does not fall under sexual intercourse.

Civil liability - since 247 is not a crime, no civil liability.

Second contention - since 247 imposes a penalty, civil liability is incurred.

DJ - death under excempt circ is not a crime.

Self-defense - attacking under exempt circ is not unlawful aggression. so if the

paramour kills the attacking spouse, the paramour cannot invoke self-defense.