Parricide: Meaning in Philippine Law
Quick answer
Parricide is the crime of killing one's father, mother or child, another ascendant or descendant such as a grandparent or grandchild, or one's spouse. It is defined in Article 246 of the Revised Penal Code. The penalty written in the article is reclusion perpetua to death, which today means reclusion perpetua because the death penalty is prohibited.
What does Article 246 say?
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.
See the full explanation of Article 246.
What are the elements of parricide?
In People v. Lopez, Jr. (2018), the Supreme Court said parricide is committed when:
- a person is killed;
- the deceased is killed by the accused; and
- the deceased is the father, mother or child, whether legitimate or illegitimate, or a legitimate other ascendant or descendant, or the legitimate spouse of the accused.
The relationship is what makes the crime parricide. It must be proved in court.
What is the penalty for parricide today?
Article 246, as amended by Republic Act No. 7659, punishes parricide with reclusion perpetua to death. Republic Act No. 9346 (2006) prohibits the death penalty and says that reclusion perpetua is imposed in its place when the law uses the penalty names of the Revised Penal Code. Section 3 of RA 9346 adds that persons convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to it by reason of that Act, are not eligible for parole under the Indeterminate Sentence Law.
On conviction, the court usually also orders civil indemnity and damages for the heirs. The standard amounts were set in People v. Jugueta (2016). See Damages for death in a criminal case.
How is parricide different from murder and homicide?
Article 248 on murder applies to a person who, "not falling within the provisions of Article 246", kills another with a circumstance such as treachery, evident premeditation or cruelty. A killing without such a circumstance and outside Article 246 is homicide under Article 249. See Homicide vs murder.
Example
Made-up illustration: Berto and Lina are legally married. During a quarrel, Berto kills Lina. Because Lina is his legitimate spouse, the crime is parricide, not homicide. If he is convicted, the penalty is reclusion perpetua, and the court would usually also order him to pay damages to Lina's heirs.
For more, see Parricide in the Philippines: penalty.
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is parricide in simple words?
It is the crime of killing a close family member: one's father, mother or child, another ascendant or descendant, or one's spouse. It is defined in Article 246 of the Revised Penal Code.
What is the penalty for parricide?
Article 246 says reclusion perpetua to death. Because Republic Act No. 9346 prohibits the death penalty, the penalty a court imposes today is reclusion perpetua.
What are the elements of parricide?
In People v. Lopez, Jr. (2018), the Supreme Court listed them: a person is killed; the accused killed him or her; and the person killed is the father, mother or child, legitimate or illegitimate, a legitimate other ascendant or descendant, or the legitimate spouse of the accused.
How is parricide different from murder?
Parricide depends on the relationship between the killer and the person killed. Murder under Article 248 covers killings that do not fall under Article 246 but are attended by circumstances such as treachery or evident premeditation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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