Title Eight

CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE
Section One. Parricide, murder, homicide
Art. 246. Parricide. Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall
be punished by the penalty of reclusion perpetua to death.
Art. 247. 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.S
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their daughters
under eighteen years of age, and their seducer, while the daughters are living with their parents. Any
person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.chanrobles
virtual law library
Art. 248. Murder. Any person who, not falling within the provisions of Article 246 shall kill another, shall
be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means
to weaken the defense or of means or persons to insure or afford impunity.chanrobles virtual law library
2. In consideration of a price, reward, or promise.chanrobles virtual law library
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.chanrobles virtual law library
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic or other public calamity.chanrobles virtual law library
5. With evident premeditation.chanrobles virtual law library
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.chanrobles virtual law library
Art. 249. Homicide. Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article, shall be
deemed guilty of homicide and be punished by reclusion temporal.
Art. 250. Penalty for frustrated parricide, murder or homicide. The courts, in view of the facts of the
case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined
and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed
under the provision of Article 50.
The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under
Article 51 should be imposed for an attempt to commit any of such crimes.