Under what exceptional circumstances may a legally married person kill their spouse and the other person, or inflict serious physical injuries, and only suffer destierro?
The legally married person must surprise their spouse in the actual commission of sexual intercourse with another person (Article 247, Revised Penal Code). The perpetrator must then kill either or both of the offenders, or inflict upon them any serious physical injury, either in the act or immediately thereafter. Under these exceptional circumstances, the law imposes the penalty of destierro (banishment) upon the legally married person. If the injuries inflicted are of any other kind (not serious), the legally married person is entirely exempt from punishment.
02 November 2025
About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

