ARTICLE 247 of The Revised Penal Code

DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

THESE ELEMENTS MUST BE PRESENT:

1. The offender is any legally married person;

2. The offender surprises his spouse in the act of committing sexual intercourse;

3. The offender kills or seriously injures any or both of them; and

4. The offender kills or seriously injures during the act of sexual intercourse or immediately thereafter.

MEANING OF THE WORD “SURPRISE” IN THE PHRASE “HAVING SURPRISED HIS SPOUSE IN THE ACT OF COMMITTING SEXUAL INTERCOURSE WITH ANOTHER PERSON”.

the word “surprise” means “to come upon suddenly and unexpectedly”

THE TERM “IMMEDIATELY THEREAFTER”

The term “immediately thereafter” means that from discovery to the escape and the killing, there must be no interruption or interval of time. The pursuit and the killing must form part of one continuous act.

Article 247 is not applicable when the accused did not see his spouse in the act of sexual intercourse with another person.

DOES “SEXUAL INTERCOURSE” INCLUDE PREPARATORY ACTS?

There must be actual sexual intercourse.

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

ARTICLE 248 of The Revised Penal Code

MURDER

ELEMENTS OF MURDER:

1. That a person was killed2. That the accused killed him3. That the killing was attended by any of

the qualifying circumstances mentioned in Article248

4. The killing is not parricide or infanticide

RULES FOR THE APPLICATION OF THE CIRCUMSTANCES WHICH QUALIFY THE KILLING TO MURDER

(a)That murder will exist with only one of the circumstances described in Article 248

(b)That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating.

(c)That any of the qualifying circumstances enumerated in Article 248 must be alleged in the information

With treachery.

To constitute treachery, the means, methods or forms of attack must be consciously adopted by the offender.

Taking advantage of superior strength.

To qualify the killing, superior strength must be taken advantage of.

With the aid of armed men.

The armed men must take part in the commission of the crime directly or indirectly and the accused must avail himself of their aid or rely upon them when the crime is committed.

Employing means to weaken the defense.

Employing means or persons to insure or afford impunity.

When means or persons are employed by the accused who killed the deceased to prevent from being recognized, or to secure himself against detection and punishment.

In consideration of a price, reward, or promise.

the person who received the price is a principal by direct participation

the person who gave the price or reward is a principal by induction

By means of fire, poison, explosion, etc.

It is intended that there should be an actual design to kill.

On the occasion of inundation, shipwreck, etc., of an earthquake, eruption of a volcano, epidemic or any other public calamity.

Killing a person on the occasion of inundation, shipwreck, eruption of a volcano, epidemic or any other public calamity, when taken advantage of by the offender, qualifies the crime to murder.

With evident premeditation.

This circumstance is present and it qualifies the killing of a person to murder, when the prosecution proves:

(1) The time when the offender determined to kill his victim;

(2) An act of the offender manifestly indicating that he clung to his determination to kill his victim; and

(3) A sufficient lapse of time between the determination and the execution of the killing

With cruelty.

There is cruelty when other injuries or wounds are inflicted deliberately by the offender, which are not necessary for the killing of the victim.

Outraging or scoffing at the person or corpse of the victim.

“outraging”- to commit an extremely vicious or deeply insulting act

“scoffing”- to jeer, and implies a showing of irreverence

ARTICLE 249 of The Revised Penal Code

HOMICIDE

ELEMENTS:

1) That a person was killed;2) That the accused killed him without any

justifying circumstance;3) That the accused had the intention to

kill;4) That the killing was not attended by any

of the qualifying circumstance of murder, or by that of parricide or infanticide.

“Shall kill another.”

In homicide, the victim must be killed to consummate the crime. If the victim is not killed, it is either attempted or frustrated homicide.

Accidental homicide.

Accidental homicide is the death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent.

Corpus delicti in crimes against persons.

Corpus delicti – actual commission of the crime charged

--that a crime was actually perpetrated

In the absence of clear proof of any circumstance that would qualify as murder the killing of the deceased, the guilty person should be sentenced only for homicide.