On

ARTICLE 247

ELEMENTS:
1. A legally married person or parent surprises his spouse or daughter (the
   latter must be under 18 and living with them) in the act of committing sexual
   intercourse with another person;
2. He/she kills any or both of them or inflicts upon any or both of them any serious
   physical injury in the act or immediately thereafter; and
3. He has not promoted or facilitated the prostitution of his wife or daughter,
   or that he has not consented to the infidelity of the other spouse.

Notes:

This article does not define or penalize a felony, the penalty is destierro.

Penalty of destierro for killer spouse is meant to protect him
from acts of reprisal by relatives of dead spouse.


It is not necessary that the parent be legitimate for the application of this article.

This article applies only when the daughter is single.

Surprise means to come upon suddenly or unexpectedly.

Article does not apply: If the surprising took place before any
actual sexual intercourse could be done or after the actual sexual
intercourse was finished.


Art. 247 is applicable even when the accused did not see his spouse in the act sexual
intercourse with another person. It is enough that circumstances reasonably show that the
carnal act is being committed or has been committed.

Sexual intercourse does not include preparatory acts.

Requisites must be established by evidence of the defense.

“living with parent” is understood to be in their own dwelling because of the
embarrassment and humiliation done to the parent and parental abode


“Immediately thereafter” means that the discovery, escape, pursuit and the killing
must all form parts of one continuous act.

immediately thereafter – may be an hour after proximate result of outrage
overwhelming accused after chancing upon spouse in basest act of infidelity.

The killing must be the direct by-product of the rage of the accused.

No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused
is not liable for physical injuries. The principle that one is liable for the consequences of his
felonious act is not applicable, because his act under Art.247 does not amount to a
felony.
       If done in a motel, article does not apply.

No criminal liability when less serious or slight physical injuries
are inflicted.

People v. Puedan
Evidence of the victim’s promiscuity is inconsequential to the
killing. The offender must prove that he actually surprised his wife and [her
paramour] in flagrante delicto, and that he killed the man during or
immediately thereafter.

People v. Abarca
The killing must be the direct result of the outrage suffered by the
cuckolded husband. Although about one hour had passed between the
time the accused discovered his wife having sexual intercourse with the
victim and the time the latter was actually killed, it was held that Article
247 was applicable, as the shooting was a continuation of the pursuit of
the victim by the accused. Inflicting death under exceptional
circumstances is not murder. Two other persons suffered physical
injuries as they were caught in the crossfire when the accused shot the
victim. A complex crime of double frustrated murder was not committed
as the accused did not have the intent to kill the two victims.
Here, the accused did not commit murder when he fired at the paramour of his wife.
No aberratio ictus because he was acting lawfully.