Parricide
As what being broadcasted in the news recently, a husband was suspected of killing his own wife and their son in Maragondon, Cavite. He was caught on closed-circuit television abandoning a Ford Fiesta car near his wife's relative's house along Timothy Street in Multinational Village, Parañaque City. The bodies of the victims were then discovered inside the car's trunk.
When the suspect husband was arrested, he claimed of self-defense.
The suspect, Danilo Rafael Sr., said he discovered exchanges of text messages between a man and his wife Fe on the latter's cellphone last Thursday, triggering an argument.
He claimed his wife started shouting at him when he started asking about the text messages. He said he began to suspect that his wife was having an affair in 2012.
During the confrontation, he said his son Rafael tried to stab him, forcing him to defend himself with a gun. He then shot his wife, claiming he was already out of his mind.
Rafael said he went on to finish off his son by smothering him with a pillow and shooting him once more in the head.
Question? What would be the criminal liability of the suspect husband? Could his claim of self-defense sufficient to exonerate him?
The suspect husband killed his wife and his son allegedly. According to the Revised Penal Code, Article 246, which states as " 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."
The suspect allegedly killed his son and his wife. Based on the above quoted law, the suspect may face two counts of PARRICIDE. Considering that we have no death penalty as of the moment, he may be meted out with the penalty of reclusion perpetua.
How about the self defense claim of the suspect?
If the suspect can prove to the court the elements of self-defense, he may be justified in killing his son but not his wife. Because as what he has claimed, he only defended his self against the attack of his son.
However, the suspect must prove the following to justify his self defense:
1. Unlawful aggression on the part of the son.
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.
Lacking any of the justifications above, the suspect cannot fully claim self defense and thus he may not be totally exonerated himself from the crime of PARRICIDE.
Sourced from the report of Dennis Datu at dzMM, ANC and on ABS-CBNnews.com.
When the suspect husband was arrested, he claimed of self-defense.
The suspect, Danilo Rafael Sr., said he discovered exchanges of text messages between a man and his wife Fe on the latter's cellphone last Thursday, triggering an argument.
He claimed his wife started shouting at him when he started asking about the text messages. He said he began to suspect that his wife was having an affair in 2012.
During the confrontation, he said his son Rafael tried to stab him, forcing him to defend himself with a gun. He then shot his wife, claiming he was already out of his mind.
Rafael said he went on to finish off his son by smothering him with a pillow and shooting him once more in the head.
Question? What would be the criminal liability of the suspect husband? Could his claim of self-defense sufficient to exonerate him?
The suspect husband killed his wife and his son allegedly. According to the Revised Penal Code, Article 246, which states as " 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."
The suspect allegedly killed his son and his wife. Based on the above quoted law, the suspect may face two counts of PARRICIDE. Considering that we have no death penalty as of the moment, he may be meted out with the penalty of reclusion perpetua.
How about the self defense claim of the suspect?
If the suspect can prove to the court the elements of self-defense, he may be justified in killing his son but not his wife. Because as what he has claimed, he only defended his self against the attack of his son.
However, the suspect must prove the following to justify his self defense:
1. Unlawful aggression on the part of the son.
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.
Lacking any of the justifications above, the suspect cannot fully claim self defense and thus he may not be totally exonerated himself from the crime of PARRICIDE.
Sourced from the report of Dennis Datu at dzMM, ANC and on ABS-CBNnews.com.
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