Parricide

A. Concept: The crime committed by a person who kills his:

a). Father or mother

b). Child whether legitimate or illegitimate

c). Legitimate ascendant

d). Legitimate descendant

e). Lawful spouse

B. The spouse must be the lawful spouse

1). The spouses maybe separated by judicial decree or separated in fact

2). The fact of marriage must be alleged in the Information otherwise the killing is homicide
or murder as the case maybe, even if the fact of marriage was proved in the course of the
trial.

3). The best evidence would be the marriage contract but evening the absence thereof,
testimony witnesses may show the lawful relationship as the presumption of marriage also
applies, or if the accused does not object to the claim of marriage.

4). In case of Muslim marriages Article 27 of P.D. 1083” The Muslim Code of Personal Laws”
s a Muslim to validly contract marriage with four wives, but the killing of the 2nd, 3rd or 4th
wife will not constitute parricide because a Muslim would be punished and penalized more
than a non-muslim by reason of a marriage which the law allows him to contract.
C. The child may be legitimate or illegitimate but should not
be less than 3 days old. The father or mother maybe
legitimate or not, but in case of other ascendant or
descendant, they must be legitimate

1). Question: GF has a bastard son named BS who has a legitimate son named L. Is parricide
committed if: (a) GF kills L (b)   L kills GF  

2). Question: Suppose BS is legitimate but L is illegitimate, would the answer be the same?

D. The basis of the classification is the blood relationship in

the direct ascending and descending lines hence:

1). Killing of siblings (brother/sister) and other collateral relatives is not parricide

2) Non-relatives or strangers who participate in the killing will be liable for homicide or
murder as the case may be

E. The killing maybe through negligence as when a father

plays with his gun which went off and killed the wife

F. If the accused is not aware that the victim is his relative,

he will be charged for the actual crime committed but Article
49 will be applied to determine his penalty
G. The crime may be aggravated by the circumstances which
qualify murder but they will be considered as ordinary
aggravating circumstances. For 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.


Murder

A. Concept: It is the crime committed by the killing of a

human being which does not constitute parricide or
infanticide and where it is both alleged and proven that
the killing was attended by any of the qualifying
aggravating circumstances under Article 248 of the
Revised Penal Code.

B. The concept of the qualifying circumstances are the

same as in Article 14

1. Except for “outraging or scoffing at the person or corpse”, which occurs

after the victim is already dead, all the other circumstances occur either
prior to or simultaneous with the act of killing. Scoffing or outraging includes
doing any act upon the corpse which adds to the mental suffering or
humiliation of the heirs of the victim or which offends the public.

Examples: (i) dismembering the corpse by cutting off the head (ii) urinating
on it (ii) putting it on a sack and throwing the sack in a garbage pit (iv)
stripping if off the clothes

2. Where the circumstance pertains to the means, methods or forms, it is

usually treachery which is preferred and the rest are absorbed; such as night
time, advantage of superior strength, aid of armed men.

3. Where treachery is present with other circumstances not relating to the

means, methods or forms, (e.g. price, reward or promise) it is treachery
which will be used to qualify and the rest will be considered as merely
generic aggravating, provided they were duly alleged in the Information

4. Where fire is used, the death of the victim must be the purpose or
objective of the accused, such as burning his person, throwing him into a fire
or pouring gasoline on his body and lighting it. If the intent or purpose was to
destroy property by means of fire and it was incidental that a person was
killed, the result is the special complex crime/composite crime of Arson
Resulting in Homicide.

5. Murder cannot be committed by negligence