Title Eight

CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE
Section One. Parricide, murder, homicide
Art. 246. Parricide. Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be punished by the penalty of reclusion
perpetua to death.
Art. 247. Death or physical injuries inflicted under exceptional
circumstances. Any legally married person who having surprised his
spouse in the act of committing sexual intercourse with another person,
shall kill any of them or both of them in the act or immediately thereafter,
or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.chanrobles virtual law library
If he shall inflict upon them physical injuries of any other kind, he shall be
exempt from punishment.chanrobles virtual law library
These rules shall be applicable, under the same circumstances, to parents
with respect to their daughters under eighteen years of age, and their
seducer, while the daughters are living with their parents.chanrobles
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Any person who shall promote or facilitate the prostitution of his wife or
daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.chanrobles
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Art. 248. Murder. Any person who, not falling within the provisions of
Article 246 shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.chanrobles virtual law library
2. In consideration of a price, reward, or promise.chanrobles virtual law
library
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of
a vessel, derailment or assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin.chanrobles virtual law library

4. On occasion of any of the calamities enumerated in the preceding

paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.chanrobles virtual law library
5. With evident premeditation.chanrobles virtual law library
6. With cruelty, by deliberately and inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his person or corpse.chanrobles
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Art. 249. Homicide. Any person who, not falling within the provisions of Article
246, shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide and
be punished by reclusion temporal.
Art. 250. Penalty for frustrated parricide, murder or homicide. The
courts, in view of the facts of the case, may impose upon the person guilty
of the frustrated crime of parricide, murder or homicide, defined and
penalized in the preceding articles, a penalty lower by one degree than
that which should be imposed under the provision of Article 50.chanrobles
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The courts, considering the facts of the case, may likewise reduce by one
degree the penalty which under Article 51 should be imposed for an
attempt to commit any of such crimes.chanrobles virtual law library
Art. 251. Death caused in a tumultuous affray. When, while several
persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the course of the
affray someone is killed, and it cannot be ascertained who actually killed
the deceased, but the person or persons who inflicted serious physical
injuries can be identified, such person or persons shall be punished by
prision mayor.chanrobles virtual law library
If it cannot be determined who inflicted the serious physical injuries on
the deceased, the penalty of prision correccional in its medium and
maximum periods shall be imposed upon all those who shall have used
violence upon the person of the victim.chanrobles virtual law library
Art. 252. Physical injuries inflicted in a tumultuous affray. When in a
tumultuous affray as referred to in the preceding article, only serious
physical injuries are inflicted upon the participants thereof and the person
responsible thereof cannot be identified, all those who appear to have
used violence upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for the physical injuries
so inflicted.chanrobles virtual law library
When the physical injuries inflicted are of a less serious nature and the
person responsible therefor cannot be identified, all those who appear to

have used any violence upon the person of the offended party shall be
punished by arresto mayor from five to fifteen days.chanrobles virtual law
library
Art. 253. Giving assistance to suicide. Any person who shall assist
another to commit suicide shall suffer the penalty of prision mayor; if such
person leads his assistance to another to the extent of doing the killing
himself, he shall suffer the penalty of reclusion temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in its medium
and maximum periods, shall be imposed.chanrobles virtual law library
Art. 254. Discharge of firearms. Any person who shall shoot at another
with any firearm shall suffer the penalty of prision correccional in its
minimum and medium periods, unless the facts of the case are such that
the act can be held to constitute frustrated or attempted parricide,
murder, homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.chanrobles virtual law
library chan robles virtual law library