Ana has been a bar girl/GRO at a beer house for more than 2 years. She fell in love with Oniok, the bartender, who impregnated her. But Ana did not inform him about her condition and, instead, went home to Cebu to conceal her shame. However, her parents drove her away. So, she returned to Manila and stayed with Oniok in his boarding house. Upon learning of her pregnancy, already in an advanced state, Oniok tried to persuade her to undergo an abortion, but she refused. Because of their constant and bitter quarrels, she suffered birth pangs and gave birth prematurely to a live baby girl while Oniok was at his place of work. Upon coming home and learning what happened, he prevailed upon Ana to conceal her dishonor. Hence, they placed the infant in a shoe box and threw it into a nearby creek. However, an inquisitive neighbor saw them and with the help of others, retrieved the infant who was already dead from drowning. The incident was reported to the police who arrested Ana and Oniok. The 2 were charged with parricide under Article 246 of the Revised Penal Code. After trial, they were convicted of the crime charged.
Was the conviction correct? 5%
1 comment:
XI.
If the child is less than three days old, the conviction for parricide is not correct because what is committed is the crime of infanticide. Infanticide is committed by a person who shall kill any child less than three days old, regardless of whether the killer is the parent of the child or a stranger.
If the child is at least three days old, the conviction for parricide is correct. Parricide is committed by a person who shall kill his child, whether legitimate or illegitimate.
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