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Parricide is committed when a person kills his or her father, mother, child
(legitimate or illegitimate), ascendant, descendant or spouse (legitimate).
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ART 247. The requisites for the death or physical injuries under exceptional cir-
cum-stances are:
ART 248. Murder is the unlawful killing of any person which is not parricide or
infanticide, provided that any of qualifying circumstances is present:
ART 249. Homicide is the unlawful killing of any person, which is neither
parricide, murder nor infanticide.
ART 250.The penalty for frustrated parricide, murder, or homicide is two
degrees lower and one degree lower for attempted attempted parricide,
murder or homicide.
ART 251. The elements of death caused in a tumultuous affray are the
following:
1. several persons
2. not composing of groups organized for the common purpose of assaulting
and attacking each other reciprocally
3. quarreled and assaulted one another in a confused and tumultuous
manner
4. someone was killed in the course of the affray
5. it cannot be ascertained who actually killed the deceased
6. person or persons who inflicted serious physical injuries or who used
violence can be identified.
The person killed in the course of the affray need not be one of the
participants in the affray.
ART 252. The elements of physical injuries inflicted in a tumultuous affray are
the following:
1. several persons, not composing of groups organized for the common
purpose of assaulting and attacking each other reciprocally, quarreled and
assaulted one another in a confused and tumultuous manner
2. a participant or some participants thereof suffer serious physical injuries
or physical injuries if a less serious nature only
3. the person responsible therefor cannot be identified
4. all those who appear to have used violence upon the person of the
offended party are known.
ART 253: Any person who shall assist another to commit suicide:
1. whether the suicide is consummated or not (mode 1)
2. to the extent of doing the killing himself (mode 2)
ART 254. Any person who shall shoot another with any firearm with no intention
to kill that person.
ART 255. Infanticide is the killing of any child less than three days of age, whether
the killer is the parent or grandparent, any other relative of the child or stranger.
ART 258. The elements of abortion by the woman herself or by her parents are
the following:
1. that there is a pregnant woman who has suffered an abortion;
2. that the abortion is intended;
3. that the abortion is caused by –
a. the pregnant woman herself (mode 1);
b. any other person, with her consent (mode 2); or
c. any of her parents, with her consent for the purpose of concealing her
dishonor (mode 3).
ART 259. Any physician or midwife, who taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription, from a physician, shall
dispense any abortive.
ART 262. Mutilation is the intentional lopping or the clipping off of:
Mode 1: an essential organ for reproduction (totally or partially).
Mode 2: any other part of the body to deliberately deprive a person of that
part of his body.
ART 263. Any person who shall wound, beat, assault or administer injurious
substance to another shall be guilty of the crime of serious physical injuries.
Note: there must be no intent to kill. Otherwise, the crime would be frustrated or
attempted murder, parricide, or homicide.
Par 2: injured person loses s2-h2-e-f-a-l (speech, smell, hear, hand, eye, foot,
arm, leg );or
loses use of any such member; or
incapacitated to work in which he was habitually engaged in.
Par 3: injured person becomes deformed; or
Loses any other member of his body; or
Loses the use thereof; or
Becomes ill or incapacitated to work for more than 90 days in a job he was
habitually engaged
Par 4: becomes ill or incapacitated for labor for more than 30 days
ART 264. Any person who, without intent to kill, shall inflict upon another any
serious physical injury, by knowingly administering to him any injurious substances
or beverages or by taking advantage of his weakness of mind or credulity.
ART 265. Any person who shall inflict upon another physical injuries not described
in the preceding articles, but which shall incapacitate the offended party for labor
for ten days or more, or shall require medical attendance for the same period,
shall be guilty of less physical injuries.
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