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
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.
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.
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
Sexual intercourse does not include preparatory acts.
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
“Immediately thereafter” means that the discovery, escape,
pursuit and the killing must all form parts of one
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
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.
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
- If done in a motel, article does not apply.
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
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.