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Title 8. Crimes against persons  Killing of a child of tender years is murder.

Chapter 1. Destruction of life  The use of poison is not inherent in the crime of murder
 Killing a person on the occasion of inundation,
Art. 246. Parricide shipwreck, eruption of a volcano, epidemic, etc., or
 Essential element: relationship any other public calamity, when taken advantage of
 Law should read “any other ascendants or by the offender, qualifies the crime to murder.
o Who should be legitimate Art. 249. Homicide
 Father, mother, and child may be illegitimate  Homicide is the unlawful killing of any person, which is
 Child should not be less than 3 days old = infanticide neither parricide, murder, nor infanticide.
 This article only contemplates relationship by blood  The penalty for homicide shall be reclusion perpetua
 Spouse must be legit. when the victim is under 12 years of age.
o Best proof: marriage certificate  Intent to kill is conclusively presumed when death
o If none: oral evidence not objected to (PP v. resulted.
Cruz) o the penal law looks particularly to the material
 Marriages among Muslims and other members of results following the unlawful act and holds
ethnic cultural communities performed in accordance the aggressor responsible for all the
with their customs are valid consequences thereof.
 Parricide should be alleged in the information, if not,
however, it may still be considered as an aggravating
circumstance. Art. 250
 Parricide may be committed through reckless
imprudence. It is punishable by arresto mayor in its Art. 251. Death caused in a tumultuous affray
maximum period to prision correccional in its medium  Tumultuous affray exists when at least four persons took
period. If, however, it is committed only through simple part.
imprudence or negligence, the penalty is arresto o The word "tumultuous" as used in Art. 153
mayor in its medium and maximum periods. (Art. 365 in means that the disturbance is caused by
relation to Art. 246) more than three persons who are armed or
 Art. 49 applies in parricide are provided with means of violence
 Knowledge of relationship is not required  When there was confusion in the fight and the person
 Indemnity is also applicable who inflicted the wounds could not be identified, the
 A person who cooperates in the commission of crime is death caused in a tumultuous affray.
parricide is liable for murder or homicide as the case  If the one who inflicted the fatal wound is known, the
maybe crime is not homicide in tumultuous affray. It is a case of
homicide under Art. 249 against the one who inflicted
Art. 247. Death or physical injuries inflicted under exceptional the fatal wound.
 Article does not define a felony, but instead, if done Art. 252. Physical injuries inflicted in a tumultuous affray.
under the circumstance in the same article, the person  Note that only those who used violence are punished,
is exempted from 246, 249, and 263, and only liable for because if the one who caused the physical injuries is
247. known, he will be liable for the physical injuries actually
 The requisites of Art. 247 must be established by the committed (Arts. 263, 265 and 266), and not under this
evidence of defense article.
 The accused must be a legally married person
 The daughter may be legitimate or illegitimate Art. 253. Giving assistance to suicide
 Surprise – to come upon suddenly and unexpectedly  Art. 253 does not distinguish and does not make any
 Destierro is intended as a protection of the accused reference to the relation of the offender with the
from the family members of the victim person committing suicide.
 A person who attempts to commit suicide is not
Art. 248 – Murder criminally liable, because society has always
 Not falling within the provisions of Article 246. considered a person who attempts to kill himself as an
 In murder, the victim must be killed to consummate the unfortunate being, a wretched person more deserving
crime. If the victim is not killed, it is either attempted or of pity rather than of penalty.
frustrated murder.  What Art. 253 considers a felony or unlawful is assisting
 Killing a person by means of fire is murder, only when another to commit suicide. Since attempting to commit
there is actual design to kill on the part of the offender. suicide is not an unlawful act within the meaning of Art.
(U.S. vs. Burns, 41 Phil. 418) 253, the pregnant woman who suffers an abortion due
 But killing a person with treachery is murder even if to the poison she took to commit suicide should not be
there is no intent to kill. held liable for the abortion that resulted.
 Rules for the application of the circumstances which  Euthanasia — commonly known as mercy killing — is
qualify the killing to murder. the practice of painlessly putting to death a person
o That murder will exist with only one of the suffering from some incurable disease. A doctor who
circumstances described in Art. 248. resorts to mercy-killing of his patient may be liable for
o That when the other circumstances are murder.
absorbed or included in one qualifying
circumstance, they cannot be considered as Art. 254. Discharge of firearms
generic aggravating.  The act constituting the offense is shooting at another
o That any of the qualifying circumstances with any firearm, without intent to kill him.
enumerated in Art. 248 must be alleged in the  Discharge towards the house of victim is not illegal
information. discharge of firearm. not sufficient proof that the shot
 The qualifying circumstances of murder, except was aimed or fired at him.
"outraging or scoffing at his person or corpse," are
among those defined in Art. 14.
 Firing a gun against the house of the offended party at  Unintentional abortion is committed only by violence
random, not knowing in what part of the house the  The violence must be intentionally exerted
people inside were, is only alarm under Art. 155  Unintentional abortion through imprudence is possible
 If the discharge of the firearm at the offended party is  author of the abuse which caused the miscarriage, he
coupled with intent to kill him, the felony should be is liable not only for such maltreatment but also for the
classified as frustrated or attempted parricide, murder consequences thereof, to wit, for the abortion
or homicide, and not merely illegal discharge of  husband, who, with violence kills his pregnant wife, thus
firearm. occasioning the death of the fetus, is guilty of parricide
 In discharge of firearm under Art. 254, the purpose of with unintentional abortion.
the offender is only to intimidate or to frighten the 
offended party.
 Distance may determine intent to kill, as well as number Art. 258. Abortion by the woman herself
of shots fired  The woman is liable if she "shall consent that any other
 If in the illegal discharge of firearm the offended party person should do so."
is hit and wounded, there is a complex crime of
discharge of firearm with physical injuries when the Art. 259
physical injuries are serious or less serious.
 The crime is discharge of firearm, even if the gun was Art. 260
not pointed at the offended party when it fired, as long
as it was initially aimed by the accused at or against Art. 261
the offended party
Art. 262
Art. 255. Infanticide
 Infanticide may be denned as the killing of any child Art. 263
less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, Art. 264
or a stranger.
 Other person who kills a child less than three days old, Art. 265
to suffer the penalty for murder.
 The purpose of concealing the dishonor is not an Art. 266
element of infanticide; it merely mitigates the liability of
the mother or maternal grandparents who committed Rape
the crime
 Reason for mitigation for mother: We understand that Art. 266A
the responsibility of the mother is mitigated when, right
after giving birth to a baby born out of an illicit
relationship, without time to reflect, excited and
obfuscated solely by the fear of her dishonor being
made public, she desires to erase the traces of her
mistake. Within that same day, we understand that
obfuscation, but on the day following, or on the third
day, when that disgraced child has been taken by the
mother on her lap, when the warmth of maternal love
from the mother's breast has been communicated to it,
when it has been given a kiss on its innocent cheek,
honor cannot overcome filial love, a love which has no
equal on earth.
 The delinquent mother must be of good reputation and
good morals, in order that concealing dishonor may
mitigate her liability.
 Stranger cooperating with the mother in killing a child
less than three days old is guilty of infanticide also but
the penalty is that for murder.
 No crime of infanticide is committed where the child
was born dead, or although born alive, it could not
sustain an independent life when it was killed.

Art. 256. Intentional Abortion

 Carrara has denned abortion as the willful killing of the
fetus in the uterus, or the violent expulsion of the fetus
from the maternal womb which results in the death of
the fetus. (Guevara)
 If the fetus survives in spite of the attempt to kill it or the
use of violence, abortion is not consummated.
 If abortion is intended and the fetus does not die, it is
frustrated intentional abortion when all the acts of
execution have been performed by the offender.
 If abortion is not intended and the fetus does not die, in
spite of the violence intentionally exerted, the crime
may be only physical injuries. No frustrated
unintentional abortion

Art. 257. Unintentional Abortion