in case of death or serious physical injuries, considering the enormous provocation and his righteous indignation, the accused – who would otherwise be criminally liable for the crime of homicide, parricide, murder, or serious physical injury, as the case may be – is punished only with destierro. And where physical injuries other than serious are inflicted, the offender is exempted from punishment. In effect, therefore, Article 247, or the exceptional circumstances mentioned therein, amount to an exempting circumstance, for even where death or serious physical injuries is inflicted, the penalty is so greatly lowered as to result to no punishment at all.



Reply With Quote
