Date Posted: August 12, 2025

Parricide in the Philippines: A Detailed Legal Overview

Parricide is a specific and severe crime in the Philippines, distinguished by the close relationship between the offender and the victim. Unlike other forms of homicide, the law considers the violation of the family bond to be a grave aggravating circumstance. This article provides a detailed legal overview of parricide, its elements, penalties, and related concepts under Philippine law.

What is Parricide?

Parricide is defined and penalized under Article 246 of the Revised Penal Code (RPC). It is the crime committed by a person who kills their:

• Father
• Mother
• Child
• Spouse
• Ascendant (grandparents, great-grandparents, etc.)
• Descendant (grandchildren, great-grandchildren, etc.)

The key element that separates parricide from murder or homicide is the relationship between the accused and the victim. This relationship must be proven beyond a reasonable doubt. The prosecution must establish a direct blood relationship (ascendant or descendant) or a marital bond (spouse) at the time of the killing.

Elements of the Crime

For a person to be convicted of parricide, the prosecution must prove the following three essential elements:

1. A person is killed: The victim must be deceased.
2. The deceased is killed by the accused: The accused must be the one who caused the death of the victim.
3. The deceased is the father, mother, or child, whether legitimate or illegitimate, or the spouse of the accused: The relationship is the cornerstone of the crime.

• Spouse: The marital relationship must be valid and subsisting at the time of the killing. This means that a couple who has been legally separated but not yet divorced (since there is no absolute divorce in the Philippines) can still be a victim of parricide. Conversely, a common-law partner is not considered a spouse under this article; killing them would be classified as murder or homicide, depending on the circumstances.
• Ascendants and Descendants: The relationship here is based on blood ties, which can be legitimate or illegitimate. For example, a person who kills their illegitimate father can still be charged with parricide, provided the filiation is proven.

Penalties for Parricide

Parricide is considered a heinous crime, and the penalty reflects its severity. Under the RPC, the penalty for parricide is reclusión perpetua to death.

• Reclusión perpetua is a term of imprisonment that can last up to 40 years.
• Death penalty, while an option under the RPC, is currently suspended in the Philippines. This means that even if a person is sentenced to death, the sentence will be automatically commuted to reclusión perpetua.

It is important to note that the penalty is imposed regardless of the specific circumstances surrounding the killing. Unlike murder, where certain qualifying circumstances like treachery or cruelty are needed, the mere act of killing a close relative is enough to warrant the severe punishment.

Parricide vs. Murder and Homicide

Understanding the distinction between parricide, murder, and homicide is critical in Philippine criminal law.

• Parricide: The victim is a close relative (father, mother, child, spouse, ascendant, or descendant). The relationship itself is the qualifying circumstance.
• Murder: The victim is not a close relative, but the killing is attended by one or more of the qualifying circumstances listed in Article 248 of the RPC, such as treachery, evident premeditation, or cruelty.
• Homicide: The victim is not a close relative, and the killing is committed without any of the qualifying circumstances of murder or the relationship required for parricide.

Defenses and Mitigating Circumstances

While parricide carries a heavy penalty, certain defenses and mitigating circumstances can be raised by the accused.

1. Complete Self-Defense: If the accused can prove that they acted in self-defense against an unlawful aggression from the victim, they may be acquitted. The elements of self-defense—unlawful aggression, reasonable necessity of the means employed to prevent or repel it, and lack of sufficient provocation on the part of the person defending himself—must be proven.
2. Passion or Obfuscation: A mitigating circumstance could be present if the accused killed their relative in the immediate aftermath of a sudden and powerful passion or obfuscation, which could lower the penalty.
3. Insanity: If the accused was completely insane at the time of the crime, they may be exempt from criminal liability.

The burden of proof for these defenses lies with the accused. The court will carefully weigh the evidence to determine if any of these can apply to the case.