Article 246 of the Revised Penal Code: Parricide
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 7659 (Wording as amended by this law.)
- Amended by: Republic Act No. 9346 (Republic Act No. 9346 prohibits the imposition of the penalty of death (Sec. 1). In its place, reclusion perpetua is imposed when the law violated uses the nomenclature of the penalties of the Revised Penal Code (Sec. 2). Where this article mentions death, read it with that Act.)
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.
What does it mean in plain language?
Article 246 says that killing one's father, mother or child, one's other ascendants or descendants, or one's spouse is parricide. The penalty written in the article is reclusion perpetua to death. Because Republic Act No. 9346 prohibits the death penalty, the penalty a court imposes today is reclusion perpetua.
The full text:
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.
How does it work in real life?
Ramon: a quarrel at home
Ramon and his wife, Lorna, were married in church ten years ago. During a quarrel, Ramon hits Lorna with a heavy object and she dies. Lorna was his legitimate spouse, so the charge would be parricide.
Jun: a live-in partner
Jun and Mila have lived together for years but never married. If Jun kills Mila, she is not his spouse, so the article on parricide does not cover the killing. Depending on the facts, it may be murder or homicide.
Edna: an illegitimate son
Edna's son Paolo was born outside marriage. If Paolo kills Edna, the crime can be parricide, because the article covers the killing of a mother by her child "whether legitimate or illegitimate".
What does this mean in practice?
- The prosecutor files the case. The charge must state the relationship, and the prosecution must prove it, for example with a marriage or birth certificate.
- [Bail](/law/glossary/bail) is not a matter of right when the evidence of guilt is strong, because the penalty is reclusion perpetua. See is murder bailable?, which explains the same rule.
- Prescription. Parricide prescribes in twenty years under Article 90. See prescription of crimes.
- Defenses. The accused may raise self-defense or another justifying circumstance under Article 11. The court decides on the evidence.
- A pending case can show up as a "hit" when the accused applies for an NBI clearance. See the NBI hit status guide.
- For a question-and-answer guide, see parricide: what it is and the penalty.
Who can be the victim of parricide?
The crime turns on the relationship between the killer and the person killed. The article names:
- Father, mother or child. The article says "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. For example, grandparents and grandchildren.
- The spouse. The husband or wife of the offender.
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, the word "legitimate" applies to ascendants and descendants other than parents and children, and to the spouse.
The relationship must be proven in court, like the killing itself.
What is the penalty for parricide today?
The article says "reclusion perpetua to death". This wording comes from Republic Act No. 7659 (1993). 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.
Reclusion perpetua lasts from 20 years and 1 day to 40 years:
The penalty of reclusion perpetua shall be from twenty years and one day to forty years.
Section 3 of RA 9346 adds that people convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to reclusion perpetua because of that law, are not eligible for parole under Act No. 4103. In Lopez, the Supreme Court's own 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. See damages for death in a criminal case.
How is parricide different from murder and homicide?
All three are the killing of a person. The difference is what makes the crime:
| Crime | What makes it this crime | Penalty in the article |
|---|---|---|
| Parricide (Art. 246) | The relationship: parent, child, other ascendant or descendant, or spouse | Reclusion perpetua to death |
| Murder (Art. 248) | A circumstance such as treachery, a price or reward, or evident premeditation | Reclusion perpetua, to death |
| Homicide (Art. 249) | A killing with none of those circumstances | Reclusion temporal |
Both Article 248 and Article 249 say they 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. For the side by side view of the other two crimes, see homicide vs murder.
Which Supreme Court rulings are relevant?
- People v. Jugueta (G.R. No. 202124)People v. Jugueta explained: the 2016 ruling that set standard civil indemnity, moral, exemplary and temperate damages for murder and homicide cases.
- People v. Genosa (G.R. No. 135981)People v. Genosa explained: how the Supreme Court weighed battered woman syndrome as self-defense, why the defense failed, and why the penalty was cut.
Frequently asked questions
What is parricide in the Philippines?
Under Article 246 of the Revised Penal Code, parricide is the killing of one's father, mother or child, whether legitimate or illegitimate, or of one's other ascendants or descendants, or of one's spouse.
What is the penalty for parricide?
Article 246 says reclusion perpetua to death. Republic Act No. 9346 prohibits the death penalty, so the court imposes reclusion perpetua, which runs from 20 years and 1 day to 40 years. RA 9346 also says people sentenced to reclusion perpetua under it are not eligible for parole.
Is killing a live-in partner parricide?
The article names the spouse. In People v. Lopez, Jr. (2018), the Supreme Court listed the victim as the legitimate spouse of the accused. A partner who is not a spouse is not on that list, so such a killing may be charged as murder or homicide, depending on the circumstances.
What is the difference between parricide and murder?
Parricide depends on the relationship between the killer and the victim. Murder depends on circumstances such as treachery or evident premeditation. Article 248 on murder applies only to killings that do not fall under Article 246.
How long does the State have to file a parricide case?
Article 90 says crimes punishable by death, reclusion perpetua or reclusion temporal prescribe in twenty years. Parricide is punishable by reclusion perpetua to death.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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