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Parricide


ART.246

ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
   a. father, mother, or
   b. child, whether legitimate or illegitimate, or
   c. legitimate other ascendant or other descendant, or
   d. legitimate spouse of the accused.


The relationship of the offender with the
victim is the essential element of parricide.

Essential element: relationship of
offender with the victim; except for
spouses, only relatives by blood and
in direct line (adopted are not
included)


Parents and children are not included in the
term “ascendants” or “descendants”.

The other ascendant or descendant must be
legitimate. On the other hand, the father,
mother or child may be legitimate or
illegitimate.

The child should not be less than 3 days
old. Otherwise, the offense is infanticide.

Supreme Court ruled that Muslim
husbands with several wives can be
convicted of parricide only in case the
first wife is killed.

Relationship must be alleged and proved.
If not,relationship would only be considered
as aggravating circumstance.

A stranger who cooperates in committing
parricide is liable for murder or homicide.

Even if the offender did not know that the
person he had killed is his son, he is still
liable for parricide because the law does
not require knowledge of the relationship.

Cases of parricide when the penalty
shall not be reclusion perpetua to
death:
1. parricide through negligence (Art.365)
2. parricide by mistake (Art. 49)
3. parricide under exceptional circumstances
   (Art. 247)

People vs. Dalag
   A stranger who cooperates and
   takes part in the commission of the crime
   of parricide, is not guilty of parricide but
   only homicide or murder, as the case may
   be. The key element in parricide is the
   relationship of the offender with the
   victim.

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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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