Article 25.

 Penalties which may be imposed. - The penalties which may be imposed according to

this Code, and their different classes, are those included in the following:

Scales:

I. Principal Penalties
A. Capital Penalties:
1. Death
B. Afflictive Penalties:
1. Reclusion Perpetua
2. Reclusion Temporal
3. Perpetual or temporary absolute disqualification
4. Perpetual or temporary special disqualification
5. Prision Mayor
C. Correctional Penalties:
1. Prision Correccional
2. Arresto Mayor
3. Destierro
D. Light Penalties:
1. Arresto Manor
2. Public Censure
E. Penalties common to the three preceding classes:
1. Fine, and
2. Bond to keep the peace

II. Accessory Penalties

1. Perpetual or temporary absolute disqualification,
2. Perpetual or temporary special disqualification,
3. Suspension from public office, the right to vote and be voted for, the
profession or calling.
4. Civil interdiction,
5. Indemnification,
6. Forfeiture or confiscation of instruments and proceeds of the offense,
7. Payment of costs.
Duration of Penalties

Reclusion Perpetua – 20 years and 1 day to 40 years

Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor – 6 years and 1 day to 12 years
Prision Correccional – 6 months and 1 day to 6 years
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Crimes Against Persons
Article 246. Parricide

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. (Prohibited

by R.A. 9346)

Elements:

1. That a person is killed.

2. That the deceased is killed by the accused.

3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a

legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

Article 248. Murder

Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty

of murder and shall be punished by reclusion temporal in its maximum period to death, if

committed with any of the following attendant circumstances:

1. 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.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment

or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with

the use of any other means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or

outraging or scoffing at his person or corpse.

Qualifying Circumstances for Murder

a. With treachery o. By means of motor vehicle

b. Taking advantage of superior p. By the use of other means involving
strength great waste and ruin
c. With the aid of armed men q. On the occasion of any of the
calamities enumerated in letters g-p.
d. Employing means to weaken defense
r. On the occasion of an earthquake
e. Employing means or persons to
insure or afford impunity s. On the occasion of eruption of
volcano
f. In consideration of price reward or
promise t. On the occasion of destructive
cyclone
g. By means of inundation
u. On the occasion of epidemic
h. By means of fire
v. On the occasion of any other public
i. By means of poison calamity
j. By means of explosion w. With evident premeditation
k. By means of shipwreck x. With cruelty (by deliberately and
l. By means of stranding of a vessel inhumanly augmenting the suffering of the
victim)
m. By means of derailment or assault
upon a railroad y. By outraging or scoffing at the
person or corpse of a person.
n. By means of fall of an airship
Article 249. Homicide

Any person who, not falling within the provisions of Article 246, shall kill another without the

attendance of any of the circumstances enumerated in the next preceding article, shall be deemed

guilty of homicide and be punished by reclusion temporal.

Elements:

1. That a person was killed;

2. That the accused killed him without any justifying circumstance;

3. That the accused had the intention to kill, which is presumed;

4. That the killing was not attended by any of the qualifying circumstances of murder, or by that

of parricide or infanticide.

Article 253. Giving assistance to suicide.

Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor;

if such person leads his assistance to another to the extent of doing the killing himself, he shall

suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the

penalty of arresto mayor in its medium and maximum periods, shall be imposed.

Acts punishable as giving assistance to suicide.

1. By assisting another to commit suicide, whether the suicide is consummated or not.

2. By lending his assistance to another to commit suicide to the extent of doing the killing

himself.
Article 255. Infanticide

The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed

upon any person who shall kill any child less than three days of age.

Elements of infanticide.

1, That a child was killed.

2. That the deceased child was less than three days (72 hours) of age,

3. That the accused killed the said child.

If the father, or mother or legitimate other ascendant kills the child less than three days old, the

penalty is that corresponding to parricide.

If the offender is not related to the child, the penalty corresponding to murder shall be imposed.

If the crime penalized in this article be committed by the mother of the child for the purpose of

concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and

maximum periods.

Only if satisfied the following circumstances:

1. For the purpose of concealing her dishonor

2. Must be of good reputation and good morals.

If she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal.

If said crime be committed for the same purpose by the maternal grandparents or either of

them, the penalty shall be prision mayor.

Only if satisfied the following circumstances:

1. For the purpose of concealing dishonor

Justifying Circumstances (Article 11)

Are those where the act of a person is said to be in accordance with law, so that such person is

deemed not to have transgressed the law and is free from both criminal and civil liability. There

is no civil liability, except in paragraph 4 of Article 11, where the civil liability is borne by the

persons benefited by the act.

1. Self defense

- Anyone who acts in defense of his person or rights, provided that the following

circumstances concur;

Requisites

1. Unlawful aggression.

2. Reasonable necessity of the means

employed to prevent or repel it.

3. Lack of sufficient provocation on the part of the person defending himself.

2. Defense of relatives

- Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or

legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees

and those consanguinity within the fourth civil degree, provided that the first and second

requisites prescribed in the next preceding circumstance are present, and the further requisite, in
case the revocation was given by the person attacked, that the one making defense had no part

therein.

Requisites

1. Unlawful aggression

2. Reasonable necessity of the means employed to prevent or repel it

3. In case the provocation was given by the person attacked, the one making the defense had no

part therein.

Relatives that can be defended

1. Spouse

2. Ascendants

3. Descendants

4. Legitimate, Natural or adopted brothers and sisters, or relatives by affinity in the same degrees

5. Relatives by consanguinity within the fourth civil degree

Relatives by affinity

Relatives by affinity, because of marriage, are parents-in-law, son or daughter-in-law, and

brother or sister-in-law.
Relatives by consanguinity

Consanguinity refers to blood relatives. Brothers and sisters are within the second civil degree;

uncle and niece or aunt and nephew are within the third civil degree; and first cousins are within

the fourth civil degree.

3. Defense of strangers

- Anyone who acts in defense of the person or rights of a stranger, provided that the first and second

requisites mentioned in the first circumstance of this article are present and that the person defending

be not induced by revenge, resentment, or other evil motive.

Requisites

1. Unlawful aggression

2. Reasonable necessity of the means employed to prevent or repel it

3. The person defending be not induced by revenge, resentment or other evil motive.

4. Avoidance of greater evil or injury

- Any person who, in order to avoid an evil or injury, does not act which causes damage to

another

Requisites

1. That the evil sought to be avoided actually exists;

2. That the injury feared be greater than that done to avoid it;

3. That there be no other practical and less harmful means of preventing it

5. Fulfillment of duty or lawful exercise of right or office

- Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Requisites

1. The accused acted in the performance of duty or in the lawful exercise of a right or office.

2. The injury caused is the consequence of the due performance of duty or the lawful exercise of

such right or office.

6. Obedience to an order issued for some lawful purpose

- Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Requisites

1. That an order has been issued by a superior.

2. That such order must be for some lawful purpose.

3. That the means used by the subordinate to carry out said order is lawful

7. Battered woman syndrome under RA 9344 is now added

- refers to a scientifically defined pattern of psychological and behavioral symptoms found in

women living in battering relationships as a result of cumulative abuse.

Cycles of Violence in BWS

1.Tension Building Phase - where minor battering occurs such as verbal or slight physical abuse
or another form of hostile behavior.
2. Acute Battering Incident - characterized by brutality, destructiveness and death.
3. Tranquil or Loving Phase - The batterer shows loving caring nurture to the victim.