e. Alternative Circumstances

Parricide is not punishable by Reclusion Perpetua to Death when:

• It is committed through imprudence or negligence (Art. 365); or
• It is committed under exceptional circumstances (Art. 247).

Art. 247. Death or Physical Injuries Inflicted Under Exceptional Circumstances

Committed by

• any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill or inflict serious physical injuries on any of them or both of them in the act or immediately thereafter; or
• Parents who, having surprised their daughters under 18 years of age and living with them in the act of committing sexual intercourse with their seducers, shall kill or inflict serious physical injuries on any of them or both of them in the act or immediately thereafter

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10. SIMILAR OR ANALOGOUS CIRCUMSTANCES (PAR. 10)

Kinds of Alternative Circumstances:

• Relationship;
• Intoxication; and
• Degree of instruction and education of the offender.

Alternative circumstance of relationship shall be considered when the offended party is the:

• Spouse;
• Ascendant;
• Descendant;
• Legitimate, natural, or adopted brother or sister; or
• Relative by affinity, in the same degree, of the offender;
• Stepfather or stepmother and stepson or stepdaughter (People v. Bersabal, G.R. No. 24532); and
• Adoptive parent and adopted child.

Lack of sufficient intelligence is required in illiteracy

Not illiteracy alone, but also lack of sufficient intelligence are necessary to invoke the benefit of the alternative circumstance of lack of instruction, the determination of which is left to the trial court.

A person able to sign his name but otherwise so densely ignorant and of such low intelligence that he does not fully realize the consequences of his criminal act, may still be entitled to this mitigating circumstance. On the other hand, another person unable to write because of lack of educational facilities or opportunities, may yet be highly or exceptionally intelligent and mentally alert that he easily realizes the full significance of his acts, in which case he may not invoke this mitigating circumstance in his favor. (People vs. Ripas, 95 Phil. 63, 70-71; People vs. Geronimo, G.R. No. L-35700)