8.

CRIMES AGAINST PERSONS

(246-266)
Note that parricide is premised on the relationship
between the offender and the offended. The victim is
three days old or older. A stranger who conspires with
the parent is guilty of murder.
In infanticide, the victim is younger than three days or
72 hours old; can be committed by a stranger. If a
stranger who conspires with parent, both commit the
crime of infanticide.
 Article 246. Parricide
• Elements
• 1. A person is killed;
• 2. The deceased is killed by the accused;
• 3. The deceased is the father, mother, or child,
whether legitimate or illegitimate, or a
legitimate other ascendant or other
descendant, or the legitimate spouse, of the
accused.
 Article 247. Death or Physical Injuries
Inflicted under Exceptional Circumstances

• Elements
• 1. A legally married person, or a parent, surprises his
spouse or his daughter, the latter under 18 years of age
and living with him, in the act of committing sexual
intercourse with another person;
• 2. He or she kills any or both of them, or inflicts upon
any or both of them any serious physical injury in the
act or immediately thereafter;
• 3. He has not promoted or facilitated the prostitution
of his wife or daughter, or that he or she has not
consented to the infidelity of the other spouse.
 Article 248. Murder
• Elements
• 1. A person was killed;
• 2. Accused killed him;
• 3. The killing was attended by any of the following qualifying circumstances –
• (a) 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;
• (b) In consideration of a price, reward or promise;
• (c) By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any

• other means involving great waste and ruin;

• (d) On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
• (e) With evident premeditation;
• (f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.
• 4. The killing is not parricide or infanticide.
• Homicide is qualified to murder if any of the qualifying circumstances under Article 248 is present.
It is the unlawful killing of a person not constituting murder, parricide or infanticide.
 Article 249. Homicide
• Elements
• 1. A person was killed;
• 2. Offender killed him without any justifying
circumstances;
• 3. Offender had the intention to kill, which is
presumed;
• 4. The killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or
infanticide.
• Homicide is the unlawful killing of a person not
constituting murder, parricide or infanticide.
 Article 254. Discharge of Firearms

• 1. Offender discharges a firearm against or at

another person;
• 2. Offender had no intention to kill that
person.
 Article 255. Infanticide
• Elements
• 1. A child was killed by the accused;
• 2. The deceased child was less than 72 hours old.

• This is a crime based on the age of the victim. The

victim should be less than three days old.
• The offender may actually be the parent of the child.
But you call the crime infanticide, not parricide, if the
age of the victim is less than three days old. If the
victim is three days old or above, the crime is parricide.
 Article 256. Intentional Abortion
• Elements
• 1. There is a pregnant woman;
• 2. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon
such pregnant woman;
• 3. As a result of the use of violence or drugs or
beverages upon her, or any other act of the accused,
the fetus dies, either in the womb or after having been
expelled therefrom;

• 4. The abortion is intended.

 Intentional Abortion
• Acts punished
• 1. Using any violence upon the person of the
pregnant woman;
• 2. Acting, but without using violence, without the
consent of the woman. (By administering drugs
or beverages upon such pregnant woman
without her consent.)
• 3. Acting (by administering drugs or beverages),
with the consent of the pregnant woman.
Article 257. Unintentional Abortion

• 1. There is a pregnant woman;

• 2. Violence is used upon such pregnant woman
without intending an abortion;
• 3. The violence is intentionally exerted;

• 4. As a result of the violence, the fetus dies,

either in the womb or after having been expelled
therefrom.
 Article 258. Abortion Practiced by the
Woman Herself or by Her Parents

• Elements
• 1. There is a pregnant woman who has suffered
an abortion;
• 2. The abortion is intended;
• 3. Abortion is caused by –
• (a) The pregnant woman herself;
• (b) Any other person, with her consent; or
• (c) Any of her parents, with her consent for the
purpose of concealing her dishonor.
Article 259. Abortion Practiced by A Physician or
Midwife and Dispensing of Abortives
• Elements
• 1. There is a pregnant woman who has
suffered an abortion;
• 2. The abortion is intended;
• 3. Offender, who must be a physician or
midwife, caused or assisted in causing the
abortion;
• 4. Said physician or midwife took advantage of
his or her scientific knowledge or skill.