What is the penalty for parricide?
On Criminal Law
What is the penalty for parricide in the Philippines?
Bar Exam Question (1997)
Penalties; Parricide with Mitigating Circumstance
A and B pleaded guilty to the crime of parricide. The court found three mitigating circumstances, namely, plea of guilty, lack of instruction, and lack of intent to commit so grave a wrong as that committed. The prescribed penalty for parricide is reclusion perpetual to death. Impose the proper principal penalty.
Suggested Answer:
The proper penalty is reclusion Perpetua. Even if there are two or more mitigating circumstances, a court cannot lower the penalty by one degree (Art.63. par.3, Revised Penal Code; People vs. Formigones, 87 Phil. 685). In U.S. vs. Relador, 60 Phil. 593, where the crime committed was parricide with the two mitigating circumstances of illiteracy and lack of intention to commit so grave a wrong, and with no aggravating circumstance, the Supreme Court held that the proper penalty to be imposed is reclusion Perpetua.
Bar Exam Question (1997)
Penalties; Parricide with Mitigating Circumstance
A and B pleaded guilty to the crime of parricide. The court found three mitigating circumstances, namely, plea of guilty, lack of instruction, and lack of intent to commit so grave a wrong as that committed. The prescribed penalty for parricide is reclusion perpetual to death. Impose the proper principal penalty.
Suggested Answer:
The proper penalty is reclusion Perpetua. Even if there are two or more mitigating circumstances, a court cannot lower the penalty by one degree (Art.63. par.3, Revised Penal Code; People vs. Formigones, 87 Phil. 685). In U.S. vs. Relador, 60 Phil. 593, where the crime committed was parricide with the two mitigating circumstances of illiteracy and lack of intention to commit so grave a wrong, and with no aggravating circumstance, the Supreme Court held that the proper penalty to be imposed is reclusion Perpetua.
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