Question & AnswerQ&A (Act No. 3195)
Article 423 provides that any husband who, having surprised his wife in the act of adultery, kills her or her paramour in the act, or inflicts serious physical injuries upon either, shall suffer the penalty of destierro.
The husband shall be exempt from punishment if he inflicts physical injuries other than serious physical injuries.
It applies to both; the wife who surprises her husband with another woman under the same circumstances and kills either or both in the act or inflicts serious physical injuries upon them shall suffer the penalty of destierro, and she is exempt from punishment if the injuries inflicted are less than serious.
Destierro is a penalty of banishment or exile from a certain place, commonly imposed as a form of penalty under the law.
Yes, the same rules apply to the parents with respect to any daughter under 18 years old and her seducer while the daughter is living with the parents.
Any person who promotes or facilitates the prostitution of his wife or daughter shall not be entitled to the benefits of Article 423, meaning they lose the protections or exemptions under this article.
While the law does not explicitly define 'serious physical injuries', it generally means injuries that endanger a person's life or cause serious impairment, as understood under Philippine penal law.
This Act took effect upon its approval, which was on November 29, 1924.
The act of surprise is crucial; the penalties or exemptions apply only if the husband, wife, or parents catch their spouse or daughter and her seducer in flagrante delicto—that is, in the very act of committing adultery or seduction.
Yes, if the inflicted physical injuries are of any kind other than serious physical injuries, the offender shall be exempt from punishment.