Parricide

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Definition

Parricide is defined in Article 246 of the Revised Penal Code:

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.

The crime of homicide must be carefully distinguished from homicide and murder, all of which involves the killing of another person.

Elements

To convict a person with the crime of parricide, the prosecution must prove the following elements:[1]

(1) the death of the deceased;
(2) that he or she was killed by the accused; and
(3) that the deceased was a legitimate ascendant or descendant, or the legitimate spouse of the accused.

The relationship between the offender and the victim is a key element in the crime of parricide,[2] which punishes any person “who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse.”[3] The key element in parricide is the relationship of the offender with the victim.[4] The relationship between the offender and the victim distinguishes the crime of parricide from murder[5] or homicide.[6] In the case of parricide of a spouse, the best proof of the relationship between the accused and the deceased would be the marriage certificate.[7]


References

  1. People vs. Castillo, Jr., G.R. No. 121768, 21 July 1997
  2. Pimentel vs. Pimentel, G.R. No. 172060, 13 September 2010, citing People vs. Dalag, 450 Phil. 304 (2003)
  3. Article 246 of the Revised Penal Code, cited in Pimentel vs. Pimentel, G.R. No. 172060, 13 September 2010
  4. People vs. Paycana, Jr., G.R. No. 179035, 16 April 2008
  5. Article 248 of the Revised Penal Code, cited in Pimentel vs. Pimentel, G.R. No. 172060, 13 September 2010
  6. Article 249 of the Revised Penal Code, cited in Pimentel vs. Pimentel, G.R. No. 172060, 13 September 2010
  7. People vs. Paycana, Jr., G.R. No. 179035, 16 April 2008
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