Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO. 5104

INTRODUCED BY REPRESENTATIVES.
EMMI A, DE JESUS and LUZVIMINDA C. ILAGAN

EXPLANATORY NOTE

Our 84-year old Revised Penal Code (Act No. 3815) carries a provision that
practically gives license to the taking of life without due process of law and
without a consequent penalty. This provision is Article 247 which provides for
Death or Physical Injuries Under Exceptional Circumstances. Under this article, a
legally married person who having surprised his or her spouse in the act of
committing sexual intercourse with another shall kill or seriously injure any or
both of them in the act or immediately thereafter shall suffer the penalty of
destierro (banishment). Far from being a penaly, “destierro is not really
intended as a penalty but to remove the killer spouse from the vicinity and to
protect him or her from acts of reprisal principally by relatives of the deceased
spouse,’ So not only does the law absolve the killer, it also affords him or her
protection via the imposition of destierro.

Worse, Article 247 is also made applicable to parents who shall kill or injure their
minor daughters (sons not included) who are living with them and or their
“seducers” under the same circumstances. Violative of right to due process as it
already is, Article 247 also clearly discriminates against women. It reinforces
double-standards of morality applied to women and men and it unduly infringes
on women’s sexual rights.

As has been noted by legal experts, Article 247 does not actually define a crime
since the accused will still have to be charged with parricide if the act resulted
to death or physical injuries if it only resulted to physical injuries. Article 247 is
only utilized as a defense which must be proven by the accused.

* people vs. Lauron, C.A., $7 0.G, 7367 as cited in The Revised Penal Code (Criminal Law) book of Luis 8.
Reyes, 13” Edition, 1993, page 423.


That the law considers the spouse or parent as acting in a “justified burst of
passion” had been cited as the justification for the existence of this Article in
the Revised Penal Code.”

But, the veiled truth is that the article suggests that a married person’s sexual
intercourse with a person not his or her spouse is considered dishonourable, in
the same manner that the minor daughter’s sexual intercourse with her
“seducer” is also prescribed to be dishonourable, such that when they are
caught in the act, killing or injuring them is “justified”. Sad to say, this is the
Philippine version of honour killings being practiced in other countries but
which is universally condemned by various human rights organizations. The last
paragraph of Article 247 supports this position when it states that: “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.” As in honour killings, the “Justification”
for the killing or injury under exceptional circumstances is the perceived shame
or dishonour brought by the act of intercourse outside the marriage or with
minor daughters, and not the “justified burst of passion.”

In fact, The Revised Penal Code already recognizes passion or obfuscation
under Article 13 thereof. But it is only recognized as a mitigating circumstance
whereas in Article 247, it is an absolutory cause. This, all the more reinforces the
observation that Article 247 provides for a Philippine version of honour killing.

So while Gabriela Women’s Party is aware that there is an ongoing effort to
overhaul the antiquated Revised Penal Code, Article 247 must be immediately
repealed for the following reasons:

1) It violates Article III, Section | of our Constitution which prohibits the
taking of life without due process of law. Articles 247 allows spouses and
parents to take life under exceptional circumstances without due
process. The decision to take life is placed solely on the persons
“benefited” by the article;

There are preposterous gender-based assumptions contained in the
article which reinforces the double-standard applied to women and men
in terms of their sexual behaviour and morality. This is very clear in that
only parents of minor daughters can claim the “benefits” of this article.
The same gender-based assumptions are also present with respect to
killings committed by spouses. Although both husband and wife are
entitled to the “benefits” of the article, almost all cases decided by the
Supreme Court, with the exception of the 1934 case of Corazon Zamora

? People vs. Gonzales, 69 Phil. 66)


de Cortez’ (who admitted to the killing of her husband’s paramour when
she caught them in the act of intercourse), show that the killings under
exceptional circumstances are carried out by husbands; and

3) The article violates international conventions and domestic laws, as
follows, to cite only a few: Convention on the Elimination of
Discrimination Against Women, Convention on the Rights of the Child,
RA 7610 and RA 9710.

In sum, immediate repeal of Article 247 of the Revised Penal Code will protect
and preserve life, protect children and promote women’s rights and gender
equality.

Your support to this bill is, thus, earnestly sought.

Ail} ~/ * Co.
REP. EMMI Dé JESUS, EP. LUZ ia
rty

Gabriela Women’s Party Gabriela Women’s Par

* People of the Philippine Islands vs. Corazon Zamora de Cortez (G.R. No. L-39461, February 24, 1934).


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

‘SIXTEENTH CONGRESS
Second Regular Session

House Bill No._5 A

Introduced by GABRIELA Women's Party Representatives
EMMI A. DE JESUS and LUZVIMINDA C. ILAGAN

AN ACT REPEALING ARTICLE 247 OF THE REVISED PENAL CODE
Section 1. Article 247 of the Revised Penal Code is hereby repealed.
Section 2. Effectivity. This Act shall take effect after fifteen (15) days following

the completion of its publication in the Official Gazette or at least two (2)
newspapers of general circulation.

Approved,