Parricide
On Criminal Law
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.
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.
Relationship must be alleged and proved.
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.
Essential element: relationship of offender with the victim; except for spouses, only relatives by blood and in direct line (adopted are not included)
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. If not, relationship would only be considered
as aggravating circumstance.
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.
