Parricide

Category: Book 2- Crimes and Penalties

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.