Homicide Is The Unlawful Killing of Any Person, Which Is Neither Parricide, Murder, Nor

BANTILAN, REGINE ROSE A.
CRIMINAL 2
LLB1
a. Differentiate HOMICIDE from MURDER
Homicide is the unlawful killing of any person, which is neither parricide, murder, nor
infanticide. Homicide occurred when that person was killed, that the accused killed him without
any justifying circumstances, that the accused had the intention to kill which is presumed and
that the killing was not attended by any of the qualifying circumstances of murder or by that of
parricide, or infanticide. Murder, on the other hand, is the unlawful killing of any person which is
not parricide or infanticide provided that the following circumstances are present namely with
treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons to insure or afford impunity; in
consideration of a price, reward or promise; by means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by
means of motor vehicles, or with the use of any other means involving great waste and ruin; and
on occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.
b. Differentiate PARRICIDE from INFANTICIDE
Parricide exist when any person who shall kill his father, mother, or child whether
legitimate or illegitimate or any of his ascendants or descendants or his spouse. Infanticide, on
the other hand, maybe defined as the killing of any of his child less than 3 days of age whether
the killer is the parent or grandparent, any other relative, or a stranger.
c. What is death under an exceptional circumstances?
Article 247 enumerates the requisites of death under exceptional circumstances such as
that a legally married person or a parent surprises his spouse or his daughter, the latter under
18 years of age and living with him, in the act of committing sexual intercourse with another
person; that he or she kills any or both, of them or inflicts upon any or both of them any serious
physical injury in the act or immediately thereafter; that he has not promoted or facilitated the
prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the
other spouse. Art. 247 is not applicable when the accused did not see his spouse in the act of
sexual intercourse with another person.
d. If A caught his wife B in the bedroom sleeping with their neighbor C and kills them, is A liable
for any Crime? Explain.
Yes A is liable for any crime of Parricide or Homicide.
Article 247 mentioned the 3 requisites when death is under exceptional circumstances.
First, That a legally married person or a parent surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in the act of committing sexual intercourse with
another person. Second, that he or she kills any or both, of them or inflicts upon any or both of
them any serious physical injury in the act or immediately thereafter. Third that he has not
promoted or facilitated the prostitution of his wife or daughter, or that he or she has not
consented to the infidelity of the other spouse.
In this case, Art. 247 is not applicable when the accused did not see his spouse in the act
of sexual intercourse with another person. The phrase "in the act of committing sexual
intercourse" does not include merely sleeping on the same bed. (People vs. Bituanan, 56 Phil.
23)
Therefore, A is liable for any crime.
e. Can a woman commit intentional abortion to herself?
Yes. Art. 258 covers three cases, namely, Abortion committed by the woman upon
herself or by any other person with her consent, Abortion by the woman upon herself to conceal
her dishonor, and Abortion by any of the parents of the woman with the latter's consent to
conceal her dishonor.
f. Differentiate Infanticide from Abortion
Abortion as the willful killing of the foetus in the uterus, or the violent expulsion of the
foetus from the maternal womb which results ih the death of the foetus. While Infanticide is the
killing of any of his child less than 3 days of age whether the killer is the parent or grandparent,
any other relative, or a stranger.
g. What are 2 ways in committing Rape?
Rape is committed by a man who shall have carnal knowledge of a woman under the
following circumstances namely through force, threat or intimidation; when the offended party is
deprived of reason or is otherwise unconscious; by means of fraudulent machination or grave abuse
of authority and when the offended party is under 12 years of age or is demented, even the others
mentioned are not present. There is also Rape when committing an act of sexual assault by inserting
his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or
anal orifice of another person.
h. A had sexual intercourse with B, 16 years old, against the latter’s will. Whenever charged for
Rape, A offered marriage to B. What is the legal effect of such offer?

Homicide Is The Unlawful Killing of Any Person, Which Is Neither Parricide, Murder, Nor

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Homicide Is The Unlawful Killing of Any Person, Which Is Neither Parricide, Murder, Nor

Uploaded by

Copyright:

Available Formats

BANTILAN, REGINE ROSE A.

a. Differentiate HOMICIDE from MURDER

b. Differentiate PARRICIDE from INFANTICIDE

c. What is death under an exceptional circumstances?

Yes A is liable for any crime of Parricide or Homicide.

e. Can a woman commit intentional abortion to herself?

f. Differentiate Infanticide from Abortion

g. What are 2 ways in committing Rape?

You might also like