Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSEBILLNo.9542
Introduced by Representative MA. VICTORIA CO-PILAR
EXPLANATORY NOTE
Article 247 of the Revised Penal Code refers to death or physical injuries
inflicted under exceptional circumstances, that:
``Any  legally  married  person  who  having  surprised  his
spouse  in the  act of committing sexual intercourse with another
person,  shall  kill  any  of  them  or  both  of  them  in  the  act  or
immediately  thereafter,  or  shall  inflict  upon  them  any  serious
physical injury, shall suffer the penalty of desfl.crro.
If he shall inflict upon them physical injuries of any other
kind, he shall be exempt from punishment.
These    rules    shall    be    applicable,    under    the    same
circumstances,  to  parents  with  respect  to  their  daughters  under
eighteen years of age, and their seducer, while the daughters are
living with their parents.
Any person who shall promote or facilitate the prostitution of
his  wife  or  daughter,  or  shall  otherwise  have  consented  to  the
infidelity of the other spouse shall not be entitled to the benefits of
this article."
Death or physical injuries inflicted under exceptional circumstances is not
a crime, but a defense that exempts the accused from punishment. In fact, our
jurisprudence interprets the imposition of desdr.crro not as a penalty but as a form
of protection in favor of the killer spouse or parent from acts of reprisal principally
by the relatives of the deceased spouse or child.
Previous attempts to repeal this provision were made but to no effect. To
amplify  the  reasons  of the  legislators,  Article  247  disguises  as  the  Philippine
version of ``honour killing" enabling a patriarchal framework to women. Also, it
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as ``Special Protection of Children Against Abuse, Exploitation and Discrimination
Act"  and  Republic  Act  No.  9262  otherwise  known as  ``Anti-Violence  Against
Women and Their Children Act of 2004" that proscribe corporal punishment to
children and prohibit any form of violence against women.
Other than the foregoing rationale of the need to repeal Article 247 of the
RPC, keeping the same in the nature of a defense is prejudicial to a third person
who might incidentally die or suffer injury therefrom.  As the killer spouse or
parent is presumed to have not committed any crime, the incidental death or
injury suffered by a third person is considered as a mere accident and the victim
is left with no recourse to seek justice.
Immediate passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSEB|LLNo.9542
Introduced by Representative MA. VICTORIA CO-PILAR
AN ACT
REPEALING ARTICLE 247 0F ACT NO. 3815, ALSO KN0l^IN- AS
THE REVISED PENAL CODE, ON DEATH 0R PHYSICAL INJURIES
INFLICTED UNDER EXCEFTI0NAL CIRCUMSTANCES
Be it enacted by  the  Senate and House Of Rxpresentatives of the  Philippines in
Congress assembled:
1                  SECTION 1. Article 247 of Act No. 3815, also known as the Revised penal
2      Code isherebyrepealed:
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|ALltiele 2A:7 . Death or pkysical injuries inf oicted under exceptional
cl.rcows£#7ices. - Any legally married person who having surprised
his spouse in the act of committing sexual intercourse with another
person,  shall  kill  any  of  them  or  both  of  them  in  the  act  or
immediately  thereafter,  or  shall  inflict  upon  them  any  serious
physical injury, shall suffer the penalty of desfr.crro.
If he shall inflict upon them physical injuries of any other
kind, he shall be exempt from punishment.
These    rules    shall    be    applicable,    under    the    same
circumstances,  to  parents  with respect to  their  daughters  under
eighteen years of age, and their seducer, while the daughters are
living with their parents.
Any person who shall promote or facilitate the prostitution of
his  wife  or  daughter,  or  shall  otherwise  have  consented  to  the


1                  infidelity of the other spouse shall not be entitled to the benefits of
2                   this article.]
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4                  SECTION 2. Scpflrtzbi.Ji.fgr cha#sc -If any provision or part hereof, is held
5      invalid  or  unconstitutional,  the  remainder  of  the  law  or  the  provision  not
6      otherwise affected shall remain valid and subsisting.
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8                  SECTION 3. RcpcflJ.."g cha#sc -Any law, presidential decree or issuance,
9      executive  order,  letter  of  instruction,  administrative  order,  rule  or  regulation
lo      contrary  to  or  inconsistent with the  provision of this  Act is  hereby  repealed,
11      modified, or amended accordingly.
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13                   SECTION 4. £#ecfi.z„.fry cha„sc -This Act shall take effect fifteen (15) days
14      after its publication in the official Gazette or in a newspaper of general circulation.
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16                  Approved,