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    Crimes Against Persons

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    Laurie Carr Landicho
    This document defines and distinguishes the crimes of parricide, infanticide, murder, and homicide under Philippine law. It provides details on the required elements and relationships between the victim and accused for each crime. For parricide, the relationship must be legitimate, while infanticide involves the killing of a child less than three days old outside the womb. Examples are given to illustrate how to determine which crime applies depending on the specific circumstances and facts involved.

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    Crimes Against Persons

    Uploaded by

    Laurie Carr Landicho
    47 views3 pages
    This document defines and distinguishes the crimes of parricide, infanticide, murder, and homicide under Philippine law. It provides details on the required elements and relationships between the victim and accused for each crime. For parricide, the relationship must be legitimate, while infanticide involves the killing of a child less than three days old outside the womb. Examples are given to illustrate how to determine which crime applies depending on the specific circumstances and facts involved.

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    This document defines and distinguishes the crimes of parricide, infanticide, murder, and homicide under Philippine law. It provides details on the required elements and relationships between the victim and accused for each crime. For parricide, the relationship must be legitimate, while infanticide involves the killing of a child less than three days old outside the womb. Examples are given to illustrate how to determine which crime applies depending on the specific circumstances and facts involved.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views3 pages

    Crimes Against Persons

    Uploaded by

    Laurie Carr Landicho
    This document defines and distinguishes the crimes of parricide, infanticide, murder, and homicide under Philippine law. It provides details on the required elements and relationships between the victim and accused for each crime. For parricide, the relationship must be legitimate, while infanticide involves the killing of a child less than three days old outside the womb. Examples are given to illustrate how to determine which crime applies depending on the specific circumstances and facts involved.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    CRIMES AGAINST PERSONS

    PARRICIDE INFANTICIDE MURDER HOMICIDE RAPE


    Victim = Victim = child
    parent or less than (3)
    child of the days of age
    accused (Article 255 of
    Relationshi RPC)
    p =
    legitimate or Requirements:
    illegitimate 1. Outside
    maternal
    Victim = womb
    spouse, 2. Viable
    grandparent fetus
    or 3. Less than
    grandchild three days
    Relationshi old
    p =
    legitimate

    PARRICIDE

    Legitimate Relationship

    The rule on not treating illegitimate grand relationship as a


    qualifying circumstance in parricide is based on social condition
    before where grandparents were usually not accepting illegitimate
    grandchild in the family. The act of killing committed against or by
    an illegitimate grandchild is not serious as an act of killing
    committed against or by a legitimate grandchild. Hence, illegitimate
    grand relationship under the law will not qualify the killing into
    parricide to upgrade the penalty.

    An offender, who killed his illegitimate grandchild, who was


    asleep, and taking his wallet afterward, is liable for murder
    qualified by treachery and aggravated by relationship, and theft.
    The crime is not parricide since the relationship of the offender in
    CRIMES AGAINST PERSONS

    this crime with his ascendant other than his child must be
    legitimate (2012 Bar Exam).

    In parricide involving spouses, the best proof of the legitimate


    relationship between the offender and victim is their marriage
    certificate. However, in proving the legitimate spousal relationship
    between the accused in parricide and the victim, the court may
    consider oral evidence, if the same is not contested (1978 Bar
    Exam), the admission of the accused (People v. Macal, G.R. No.
    211062, January 13, 2016) or the principle of semper praesumitur
    pro matrimonio or the presumption established by the Rules of
    Court that a man and a woman deporting themselves as husband
    and wife have entered into a lawful contract of marriage.

    Killing an adopted son is parricide because under Section 17


    of R.A. No. 8552, the adoptee shall be considered the legitimate son
    of the adopters “for all intents and purposes.”

    K is married to H, while D is their daughter. D, who was


    impregnated by H, gave birth to a baby boy named V. Exactly three
    days after birth, K killed V. What is the crime committed? (2012 Bar
    Exam)

    K is not liable for infanticide since V is not a child less than


    three days of age. Neither is K liable for parricide. V being the son of
    K’s daughter and K’s husband is the illegitimate grandson by
    consanguinity and the stepson (son by affinity) of K. However,
    illegitimate grand relationship and affinity relationship (except
    spousal relationship) is not a qualifying circumstance in parricide.
    K is liable for murder qualified by treachery.

    INFANTICIDE

    There are three requisites to make killing as infanticide, to wit:

    1. The infant must be killed outside the maternal womb. An


    unborn fetus is not an infant. Hence, killing an unborn fetus
    CRIMES AGAINST PERSONS

    regardless of its viability or intrauterine life is not infanticide,


    but abortion;

    2. The infant must be viable. Even though the fetus is born alive,
    if it is non-viable, it shall not be considered as an infant for
    purposes of the crime of infanticide. Killing a non-viable fetus
    outside the womb is still abortion; and

    3. The infant must be less than three days old. For medical
    purpose, a 3-month-old child is an infant. But for purpose of
    infanticide, an infant is a child less than 3 days old. A child
    with a life of three (3) days or more is not an infant; hence
    killing a child who is not an infant, is not infanticide but
    parricide or murder.

    Live-in partners killed their newly-born child to conceal


    dishonor. If the victim is a non-viable fetus, the crime committed is
    abortion; if the victim is a viable infant with a life of less than three
    days, the crime committed is infanticide. If a victim is a baby with a
    life of three days or more, the crime committed is parricide. (2006
    Bar Exam)

    Killing a three-day old baby is not infanticide since his life is


    not less than three days old. The crime committed is murder
    qualified by treachery. Minor children, who by reason of their
    tender years, cannot be expected to put a defense. When an adult
    person illegally attacks a child, treachery exists. (People v. Fallorina,
    G.R. No. 137347, March 4, 2004; 2012 Bar Exam)

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