Murder in itself is a heavy and unforgivable crime. This can cause greater devastation to the deceased’s loved ones if the crime was done by their family. Parricide is defined as the crime of killing a family member. Thus, this is considered a terrible and unnatural crime. Under the Philippine laws, it is placed under crimes against persons. Although it may be essentially similar to murder and homicide, what sets this crime apart is the close filial relationship between the victim and the offender. Killing another person is unforgivable in itself, especially when it’s done by your family. It is unimaginable to think that those who should be supporting and caring for one another are the cause of one’s untimely demise.
Legal Basis
The constitution holds the basic rights of each individual, including one’s right to life. Encapsulated in Article 3, Section 1 of the constitution, everyone is entitled to the right to life, liberty, and equal protection of the laws. With that being said, each individual and their lives must be duly protected by the state and the people surrounding them1. Consequently, Article 246 of the Revised Penal code mainly governs Parricide2. The provision explicitly states: “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”, establishing its difference with other murder crimes and the importance of filial relations.
Legal Consequences
Similar to murder, parricide cases carry with it heavy legal consequences as governed by Article 246 of the Revised Penal Code. By effect of RA 9346, offenders are penalized with reclusion perpetua or life imprisonment. Moreover, they are also not entitled to parole eligibility since crimes such as parricide were formerly punished with the death penalty.
Other than criminal consequences, they are also punished with corresponding civil liabilities. They shall settle the civil indemnity, loss of earning capacity, and other monetary and similar civil consequences to be identified by the court. Furthermore, if the offender is a descendant, he or she becomes disqualified to inherit from the victim.
In the case of People vs Argayan y Ognayon, after a chain of circumstantial evidence, Argayan was found guilty beyond reasonable doubt for killing her 3 year old daughter. Despite no eyewitnesses, the testimony of the victim’s cousin who saw Argayan’s suspicious conduct (removing the knife, cleaning the scene, and washing the victim’s clothes). Furthermore, her admission of guilt to a social welfare officer was admissible. The court convicted Argayan and sentenced her to reclusion perpetua and held her liable for civil damages3.
Elements
It is important to know and identify the elements of Parricide. Its elements are what sets it apart from other crimes of similar essence. The first element is that the victim should have been killed, and not just simply injured. In relation to this, the victim should have been killed by unlawful or unjustified means. Furthermore, the intent to kill is can be easily inferred from the means employed by the killer. This shows that the killer did have intent, and would have most likely planned the killing. The most important element to take note of in Parricide cases, is the relationship between the victim and the offender. The deceased should be: the offender’s parents, the offender’s child or children, any descendant or ascendant, or a spouse.
Relationships
Since the filial relation is the most important element to distinguish Parricide, it is important to establish and prove this. The relationship must be specifically alleged in the information provided and must be proven beyond reasonable doubt. Pieces of evidence that could be presented to establish familial relationship are birth and marriage certificates. Children may be legitimate or illegitimate as long as their birth certificate proves the filiation. For adopted children, their relationship with their adoptive parents must be proven through an adoption decree. For spouses, there should be a valid marriage between them. Thus, common law partners are not included and considered spouses. Whereas for legal separated couples, despite being separated, they are still considered husband and wife and still have a valid marriage between them. For ascendants or descendants, there must be any documentation to clarify their affinity and family ties.
Possible Defenses
Fortunately for the accused, there are a number of possible defenses that may work in their favor. One may argue self-defense and argue that they acted against unlawful aggression. However, it should be taken note that the elements of unlawful aggression, reasonable necessity of means, and lack of sufficient provocation must be present for such argument to work.
One can also argue insanity to exempt themselves from criminal liability. However, due to the presumption that every human is sane, the burden of proof with clear and convincing evidence lies on the accused. The proof must also show that the accused was insane during the time he or she has committed the crime.
Passion or obfuscation can be another defense used. If the crime was committed immediately after a sudden and emotionally-inducing passion or obfuscation, it can be considered a mitigating circumstance. Although, this does not absolve the criminal from their liability, but may only lower their penalty.
- Constitution of the Republic of the Philippines, art. III, Section 1 (1987) ↩︎
- Revised Penal Code of the Philippines, art. 246 (Act No. 3815, 1930, as amended). ↩︎
- People v. Diane Argayan y Ognayon, G.R. No. 255750 (Supreme Court of the Philippines, January 30, 2023) ↩︎
