ART.

246: PARRICIDE

Elements

a. A person is killed
b. The deceased is killed by the accused
c. The deceased is the accuseds (F-M-ILC-LOA-LOD-LS):
i. Father
ii. Mother
iii. Illegitimate or legitimate child
iv. Legitimate other ascendant
v. Legitimate other descendant
vi. Legitimate spouse

XPN:

a. If A is illegitimate grandfather or grandson of the Victim, A is only liable for homicide.

b. If A, father of D, kills D who is less than three days old, the proper offense is infanticide.

Questions and Answers to the Bar:

A, a young housewife, and B, her paramour, conspired to kill C. her husband, to whom she was lawfully
married, and B bought pancit and mixed it with poison. A gave the food with poison to C, but before C
could eat it. D, her illegitimate father, and E, her legitimate son, arrived. C. D and E shared the food in
the presence of A who merely watched them eating. C, D and E died because of having partaken of the
poisoned food. What crime or crimes did A and B commit?

SUGGESTED ANSWER: A committed the crime of multiple parricide for the killing of C, her lawful
husband, D, her illegitimate father, and E, her legitimate son.

All these killings constitute parricide under Article 246 of the Revised Penal Code because of her
relationship with the victims. B committed the crime of murder as a co-conspirator of A in the killing of C
because the killing was carried out by means of poison under Art. 248. par. 3, of the Revised Penal
Code.

But for feloniously causing the death of D and E, B committed two counts of homicide. The plan was
only to kill C.

ART. 248. MURDER

Elements

a. A person is killed.
b. The accused killed the person.
 c. The killing was attended by these qualifying circumstances:
i. with treachery, taking advantage of superior strength, with the aid or armed men,
or employing means to weaken the defense or of means or persons to insure or
afford impunity.
ii. in consideration of price, reward or promise.
iii. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a street car or locomotive, fall of airship, by means of
motor vehicles or with the use of any other means involving great waste or ruin.
iv. on occasion of an earthquake, eruption of a volcano, destructive cyclone, epidemic
or any other public calamity.
v. with evident premeditation.
vi. with cruelty, by deliberately and inhumanely augmenting the suffering of the
victim or outraging or scoffing at his person or corpse.

d. The killing is not parricide or infanticide.

Take Note:

Murder will exist with only one of the circumstances. The other circumstances are absorbed
or included in one qualifying circumstance. They cannot be considered as generic
aggravating circumstances
Any of the qualifying circumstances must be alleged in the information. Otherwise, they will
only be considered as generic aggravating circumstances
Treachery and premeditation are inherent in murder with the use of poison.

ART. 249. HOMICIDE

Elements

a. A person was killed.

b. The accused killed him without any justifying circumstances.
c. The accused had the intention to kill, which is presumed.
d. The killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.

Take Note:

Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
There is no crime of frustrated homicide through negligence
When the wounds that caused death were inflicted by 2 different persons, even if they were not
in conspiracy, each one of them is guilty of homicide
In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim