Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to provide for the needs of their family, Jojo convinced Felipa to be a stayat- home mom and care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma, immediately killing her.
[a] Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the Revised Penal Code (RPC) applicable in this case given that the paramour was of the same gender as the erring spouse? (2.5%)
[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Article 247 of the RPC does not apply to Jojo; and (b) Felipa is not liable for adultery.
Under Article 247 of the RPC, death under exceptional circumstances requires catching a spouse in sexual intercourse, which means carnal knowledge between a man and a woman. Under Article 333, adultery requires a married woman to have sexual intercourse with a man not her husband.
Here, Jojo caught Felipa in homosexual relations with Alma, a woman. Because Article 247 requires heterosexual carnal union, Article 247 is inapplicable, though Jojo may claim mitigating passion. Since Felipa's partner was a woman, no adultery was committed under Article 333.
Consequently, Jojo cannot invoke Article 247 for killing Alma, and Felipa is not liable for adultery.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Why is Article 247 of the Revised Penal Code INAPPLICABLE when a husband kills his wife's female paramour?
Article 247 requires heterosexual carnal intercourse between a man and a woman.
What crime is committed by a married woman who engages in sexual relations with another woman under Philippine penal law?
Adultery under Article 333 strictly requires carnal intercourse between a married woman and a man.
What mitigating circumstance under Article 13 of the RPC may be claimed by a spouse who kills a same-sex paramour in a fit of rage?
Catching a spouse in an intimate act generates passion and obfuscation that legally mitigates criminal liability.
What penalty is imposed on an offender who qualifies for the exceptional circumstance defense under Article 247 of the RPC?
Article 247 imposes the penalty of destierro rather than imprisonment on qualifying spouses.
Which element is essential to hold a third party criminally liable as a co-principal in the crime of adultery under Article 333?
Adultery requires a man who has carnal knowledge of a married woman knowing her to be married.
Learn more about these topics
1. Exceptional Circumstance Killing
Under Article 247 of the Revised Penal Code, a legally married person who surprises his or her spouse in the act of committing sexual intercourse with another person and kills either or both of them in the act or immediately thereafter incurs only the penalty of destierro. For Article 247 to apply, sexual intercourse strictly contemplates carnal knowledge or heterosexual carnal union between a man and a woman. Same-sex sexual relations or homosexual acts between women do not constitute sexual intercourse under Article 247, making the exceptional circumstance defense inapplicable to a spouse who kills a same-sex paramour.
2. Adultery Requisites
Under Article 333 of the Revised Penal Code, adultery is committed by any married woman who lies with a man who is not her husband, and by the man who has carnal knowledge of her knowing her to be married. The essential element of carnal knowledge in adultery requires carnal intercourse between a female and a male not her husband. Same-sex intimate acts between two women do not satisfy the statutory requirement of carnal knowledge with a man. Consequently, a married woman engaged in homosexual relations with another female cannot be held criminally liable for adultery under penal law.
3. Passion and Obfuscation
An accused spouse who is barred from invoking Article 247 for killing a same-sex paramour may nevertheless claim the mitigating circumstance of passion and obfuscation under Article 13, paragraph 6 of the Revised Penal Code. Discovering a spouse in an intimate sexual act with another person naturally produces a powerful emotional outburst, rage, and loss of self-control. Although the act does not qualify for destierro under Article 247, the intense emotional shock legally mitigates criminal liability for homicide or murder, reducing the imposable penalty by one degree or period depending on attending circumstances.