Parricide: What It Is and the Penalty

The crime turns on the relationship between the killer and the person killed:

• Father, mother or child, "whether legitimate or illegitimate". So a child born outside marriage is covered, and so is the killing of a parent by such a child.
• Other ascendants or descendants, such as grandparents and grandchildren.
• The spouse.

In People v. Lopez, Jr. (2018), the Supreme Court listed the elements this way: a person is killed; the accused killed him or her; and the victim is the father, mother or child, whether legitimate or illegitimate, or a legitimate other ascendant or descendant, or the legitimate spouse of the accused. So, as the Court reads the article, other ascendants and descendants, and the spouse, must be legitimate.

The relationship must be proven in court, like the killing itself. It may be shown, for example, with a birth or marriage certificate.

Article 246, in the wording of Republic Act No. 7659 (1993), sets "reclusion perpetua to death". Since 2006, Republic Act No. 9346 prohibits the imposition of the death penalty. Section 2 of that law says reclusion perpetua is imposed instead when the law uses the penalty names of the Revised Penal Code, as Article 246 does.

In Lopez, the Supreme Court's ruling imposed "the penalty of Reclusion Perpetua".

In People v. Jugueta (2016), the Supreme Court set standard amounts for murder, parricide and similar crimes. Where the penalty imposed is reclusion perpetua, the Court listed ₱75,000 as civil indemnity, ₱75,000 as moral damages and ₱75,000 as exemplary damages. Where the penalty would have been death but is reduced to reclusion perpetua because of RA 9346, each amount is ₱100,000. Which level applies is for the court to decide. See damages for death in a criminal case.

Both Article 248 and Article 249 apply to a person "not falling within the provisions of Article 246". So when the relationship is proven, the crime is parricide, even if treachery or another murder circumstance is also present. See homicide vs murder for the other two crimes.

Because the penalty is reclusion perpetua, bail is not a matter of right when the evidence of guilt is strong. The accused may ask for a bail hearing, and the court decides. The rule is explained in is murder bailable?.

These are made-up examples to show how the rules work. They are not advice for any real case.

Ramon and Lorna were married in church ten years ago. During a quarrel, Ramon hits Lorna with a heavy object and she dies. She was his legitimate spouse, so the charge would be parricide.

Jun and Mila have lived together for years but never married. If Jun kills Mila, she is not his spouse, so Article 246 does not apply. Depending on the facts, the crime may be murder or homicide.

Paolo was born outside marriage. If he kills his mother, Edna, the crime can be parricide, because the article covers the killing of a parent by a child "whether legitimate or illegitimate".

Under Article 90, crimes punishable by death, reclusion perpetua or reclusion temporal prescribe in twenty years. See prescription of crimes. The accused may raise self-defense or another justifying circumstance; see self-defense in the Philippines. A pending case can show up as a "hit" in an NBI clearance; see the NBI hit status guide.

An accused person needs a lawyer from the start, including at the inquest or preliminary investigation and the bail hearing. The family of the victim may also want a lawyer to follow the case and the claim for damages. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.