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Death Or Physical Injuries Under Exceptional Circumstances


ART.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.

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
committed.

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
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.

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
   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.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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