CRIME: PARRICIDE
Cunanan, 29 Phil 6) For
PERIOD TO PREPARE COMPLAINT WHEN ARRESTED WITHOUT A
WARRANT: 36 hours
Elements of parricide:
1.A person is killed;
2.The deceased is killed by the accused;
3.The deceased is the -
a)father, mother, or;
b)child, whether legitimate or illegitimate, or
c)legitimate other ascendant or other descendant, or
d)the legitimate spouse of the accused.
Relationship must be in the direct line and by blood
The relationship of the offender with the victim is the essential element
of parricide. Except for spouse, the relationship must be in the direct
line and by blood. Adopted are not included. There is no parricide in the
killing of brothers and sisters because the relationship is collateral.
The other ascendant or descendant must be legitimate. The spouse
must also be legitimate (People vs. Subano, 73 Phil 692). On the other
hand, the father, mother or child may be legitimate or illegitimate.
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
considered by the court if such proof is not objected to or if the accused
does not object to the claim of marriage.
The child should not be less than 3 days old (72 hours); otherwise, the
offense is infanticide.
Muslim husbands with several wives can be convicted of parricide only
in case the first wife is killed. (People vs. Subano) The killing of the 2nd,
3rd or 4th wife will not constitute parricide because a Muslim should not
punished more than a non-Muslim by reason of a marriage which the law
allows him to contract.
A stranger who cooperates and takes part in the commission of the
crime of parricide, is not guilty of parricide but only homicide or murder,
as the case may be because of the absence of relationship. (People vs.
Patricio, 46 Phil 875)
Conspiracy cannot be applied in parricide because relationship is an
element of parricide. To illustrate: A mother asked her brother to kill her
child which he did. What crimes were committed?
If the child is less than 3 days old, the mother and the brother committed
infanticide. If for the mother it is to conceal dishonor, it is extenuating but
only in her case. Only one information will be filed.
If the child is 3 days old or more, the mother will be held liable for
parricide; the brother, for murder qualified by treachery. To conceal
dishonor is not mitigating for both mother and brother. Two informations
will be filed.
Relationship must be alleged and proved
The information failed to state that the offender and the deceased are
married. During the trial, the offender admitted his marriage to the
decease. Can the offender be convicted of parricide? No, because that will
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
considered generic aggravating in parricide. (US vs.
example: The husband may poison the wife or kill her by means of fire, or
resort to treachery. Said circumstances will be appreciated as generic
aggravating circumstances.
Parricide through negligence.
The killing maybe negligence as when a husband plays with his gun which
went off and killed his wife.
Parricide through reckless imprudence.
Husband, who, while struggling for the possession of the gun with his
children, without intent to kill anyone, pulled the trigger of the gun which
exploded and hit his wife who was approaching them, is guilty of parricide
through reckless imprudence. (People vs. Recote, 96 Phil 980)
Parricide through reckless imprudence is punished by arresto mayor in
its maximum period to prison correctional in its medium period. If
committed through simple imprudence or negligence, the penalty is
arresto mayor in its medium and maximum period. (Art. 365 in relation to
Art. 246)
Cases of parricide when the penalty shall not be reclusion perpetua to
death:
1.parricide through negligence (Art.365)
2.parricide by mistake [error in personae] (Art. 49)
3.parricide under exceptional circumstances (Art. 247)
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
Art. 11. Justifying circumstances. The following do not incur any
criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the
following circumstances concur;
First. Unlawful aggression.chanrobles virtual law library
Second. Reasonable necessity of the means employed to prevent or repel
it.chanrobles virtual law library
Third. Lack of sufficient provocation on the part of the person defending
himself.chanrobles virtual law library
2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the revocation was given by the
person attacked, that the one making defense had no part
therein.chanrobles virtual law library
3. Anyone who acts in defense of the person or rights of a stranger,
provided that the first and second requisites mentioned in the first
circumstance of this Art. are present and that the person defending be not
induced by revenge, resentment, or other evil motive.chanrobles virtual
law library
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
present;
First. That the evil sought to be avoided actually exists;
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
preventing it.chanrobles virtual law library
5. Any person who acts in the fulfillment of a duty or in the lawful exercise
of a right or office.chanrobles virtual law library
6. Any person who acts in obedience to an order issued by a superior for
some lawful purpose.chanrobles virtual law library