Parricide

LAW EACH WEEK

What is parricide?

According to Article 246 of the Revised Penal Code, parricide is committed when a person kills his/her: a.) father or mother; b.) Child, legitimate or illegitimate; c.) legitimate ascendants, such as grandparents; d.) legitimate descendants, such as grandchildren; or e.) lawful spouse.

Is killing your livein partner considered parricide?

NO. Since live-in partners are not married then the crime committed may only be homicide or murder as the case may be.

In case of Muslim marriages, does the killing the 2nd, 3rd or 4th wife constitute as parricide?

NO. In case of Muslim marriages the killing of the 2nd, 3rd or 4th wife willing not constitute parricide because a Muslim would be punished and penalized more than a non-Muslim by reason of a marriage which the law allows him to contract. (People vs Subano)

If A has an illegitimate child named B who has a legitimate child named C, is parricide committed if A kills C?

NO. For the killing of descendants to be considered parricide the victim must be the legitimate descendant of the killer. In the example, C is the illegitimate grandchild of A. Therefore, the killing of C by A cannot be considered parricide since C is the illegitimate grandchild of A.

What if C was the one that killed A, did C commit parricide?

NO. For the killing of ascendants to be considered parricide the victim must be the legitimate ascendant of the killer. Since A is the illegitimate grandson of C, then C did not commit parricide by killing A.

What if A killed B, did A commit parricide?

YES. Legitimacy of children in the case of parricide does not have any effect. The killing of one’s child, whether legitimate or not, is considered parricide so long as the child is 3 days old and above.

What if B killed A, did B commit parricide?

YES. Legitimacy of parents in the case of parricide does not have any effect, just like in the case of killing one’s child.

If the killer did not mean to kill the victim, is it still considered parricide?

YES. In the case of People vs Recote, 96 Phil 980), the Husband, who, while struggling for the possession of the gun with his children, without intent to kill anyone, pulled the trigger of the gun which exploded and hit his wife who was approaching them, is guilty of parricide through reckless imprudence.