Procesos en celdas electroquímicas

o Legally married person surprises his spouse in the act of sexual intercourse with another person and kills any or both of them in the act or immediately thereafter

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o Or under same circumstance, parents with respect to minor daughters living with them, vis-à-vis seducers

 What must be the nature of intercourse? o Sexual intercourse must be consensual

o Even if not consensual, Article 247 can still apply if husband acted due to mistake of fact.  Does Article 247 cover sexual assault?

o No, it only mentions actual intercourse. RA 8353 did not amend Article 247.

 What if the killing happens an hour later?

o It is fine, if the killing was still proximate and it must be the by-product of the spouse’s rage  What if the spouses were living separately?

o It is not a required element so Article 247 can still apply.

o But for minor daughters, she must live with her parents.

 What is the punishment?

o Destierro, if there is death.

o None, if only physical injuries

o Must the court take into consideration

mitigating and aggravating circumstances?

 No, because destierro is not a punishment per se

 Who cannot benefit?

o One who prostitutes his spouse or daughter  Is there civil liability for the killing of the

paramour/spouse?

o No, because Art. 247 is an absolutory cause – a crime is committed but there is no criminal liability

 H caught his W in the act and told her to leave. W

went inside the bedroom to take her jewelries. H said W should just leave and not take the jewelry. W tried to stab H, H stabbed W. Does Art 247 apply?

o No; NOT Art. 247 because he was protecting himself. This was self-defense (Article 11).  Can a relative invoke Article 247?

o No. But he can invoke Article 11, defense of honor – but the act must be reasonable.

 What if in the course of firing upon his spouse

and the paramour, the offended spouse accidentally injures a third party caught in the crossfire. What is the crime?

o Article 365 applies: SPI/LSPI through simple imprudence

o It cannot be attempted homicide because there is no intent to kill and moreover, the accused was not committing a crime in killing his spouse and the paramour

MURDER (248)

 When is homicide qualified to murder?

o 1. Treachery, superior strength, aid of armed men, employing means to weaken the defense

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o 2. Price, reward, or promise

o 3. Inundation, fire, poison, explosion, etc., or by means of motor vehicles

o 4. On occasion of a calamity

o 5. Evident premeditation

o 6. Cruelty, scoffing at the corpse

 What if the killing is not homicide (ex. parricide or

infanticide)?

o Then the qualifying circumstances above just become generic aggravating circumstances

o It must be homicide

 What if there is more than one qualifying

circumstance for homicide to become murder?

o It only takes one to qualify it to murder

o The other will become a generic aggravating circumstance (but since the DP has been abolished, so the penalty will not be affected – murder is already RP)

 May treachery apply in abberatio ictus?

o Yes, if the unintended victims were helpless to defend themselves

 What about dwelling and nocturnity?

o They are not qualifying per se, but they can be instrumental in treachery, which can qualify HOMICIDE (249)

 What is homicide?

o Killing of any person which does not constitute parricide, murder, or infanticide, and without justifying circumstance

 What is the rule on intent to kill?

o When consummated, it is presumed and hence need not established

o When the victim did not die, intent to kill becomes a specific criminal intent which must be established BRD

 Otherwise, just physical injuries

o When death supervenes, intent to kill is presumed from voluntary commission of an unlawful act

 Is there frustrated homicide through reckless

imprudence?

o No. Homicide means there is intent. Fall back on the concept that if there is no death, no homicide is presumed.

 What is the special aggravating circumstance for

those who commit murder, homicide, SPI, or intentional mutilation and the victim is under 12, under RA 7610?

o The punishment is RP regardless

 When does VAWC apply, and when does

homicide/murder apply?

o If there is intent to kill, it’s attempted or frustrated murder/homicide.

 Of course, if the victim dies, murder/homicide.

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o For acts of violence without intent to kill, VAWC applies.

 Under RA 8294, when does illegal possession of

firearms become aggravating?

o For murder and homicide.

 Nepomuceno: included parricide in this provision, because it also involves taking of life

o Whereas for rebellion/insurrection, sedition, attempted coup, it’s just absorbed as an element of the crime.

o N.B. Simple illegal possession of firearms can only be committed if no other crime is committed with such firearm. If there is some other crime committed, the illegal possession is absolved (ex. alarms and scandal, attempted homicide, etc.)

o What is an unlicensed firearm?  1. One without a license

 2. One with expired license

 3. Unauthorized use of licensed firearm in the commission of a crime

o What about the use of unlawfully manufactured, acquired, or possessed explosives?

 If used to commit ANY of the crimes in the RPC and it results to injury or death of any person, it is an aggravating circumstance

 Except in furtherance of political crimes, which absorbs the use of explosives  What if a person is killed in the course of or in the

occasion of carnapping?

o It becomes qualified carnapping. Article 48 does NOT apply.

DEATH IN TUMULTUOUS AFFRAY (251) AND PHYSICAL