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    Giving Assistance To Suicide

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    johneurick
    1. Francis and Joan forged a suicide pact where they agreed to shoot each other in the head, which they did. Joan died but Francis survived due to medical assistance. 2. Francis is criminally liable for giving assistance to suicide under Article 253. If the offender does the killing themselves, as Francis did to Joan, the penalty is similar to homicide. 3. Assistance to suicide is different from euthanasia, where the victim does not want to die. Euthanasia could be considered murder, while assistance to suicide is covered by Article 253.

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    Giving Assistance To Suicide

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    johneurick
    1K views2 pages
    1. Francis and Joan forged a suicide pact where they agreed to shoot each other in the head, which they did. Joan died but Francis survived due to medical assistance. 2. Francis is criminally liable for giving assistance to suicide under Article 253. If the offender does the killing themselves, as Francis did to Joan, the penalty is similar to homicide. 3. Assistance to suicide is different from euthanasia, where the victim does not want to die. Euthanasia could be considered murder, while assistance to suicide is covered by Article 253.

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    1. Francis and Joan forged a suicide pact where they agreed to shoot each other in the head, which they did. Joan died but Francis survived due to medical assistance. 2. Francis is criminally liable for giving assistance to suicide under Article 253. If the offender does the killing themselves, as Francis did to Joan, the penalty is similar to homicide. 3. Assistance to suicide is different from euthanasia, where the victim does not want to die. Euthanasia could be considered murder, while assistance to suicide is covered by Article 253.

    Copyright:

    © All Rights Reserved
    1K views2 pages

    Giving Assistance To Suicide

    Uploaded by

    johneurick
    1. Francis and Joan forged a suicide pact where they agreed to shoot each other in the head, which they did. Joan died but Francis survived due to medical assistance. 2. Francis is criminally liable for giving assistance to suicide under Article 253. If the offender does the killing themselves, as Francis did to Joan, the penalty is similar to homicide. 3. Assistance to suicide is different from euthanasia, where the victim does not want to die. Euthanasia could be considered murder, while assistance to suicide is covered by Article 253.

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    Art. 253. Giving assistance to suicide.

     — Any illegal and punishable by our law depending upon the


    person who shall assist another to commit suicide circumstance.
    shall suffer the penalty of prision mayor; if such
    person leads his assistance to another to the extent of Euthanasia will be murder if the patient has no
    doing the killing himself, he shall suffer the penalty of knowledge that he will be put to death by the
    reclusion temporal. However, if the suicide is not physician. The fact that there was manifest abuse of
    consummated, the penalty of arresto mayor in superior strength of treachery or the killing was made
    its medium and maximum periods, shall be imposed. by means of poison qualifies the crime to murder. His
    intent to kill can be shown definitely although it is a
    ACTS PUNISHABLE merciful intent.

    1. By assisting another to commit suicide, whether the If a physician deliberately administered poison to a


    suicide is consummated or not. patient suffering from painful and incurable disease
    upon the advice or consent of the patient himself, then
    2.  By lending his assistance to another to commit the crime committed is assistance to the commission
    suicide to the extent of doing the killing himself. of suicide.
    --
    A person who attempts to commit suicide is not
    criminally liable. where the victim is suffering from terminal illness. The
    initiative must come from the sick person as in
    Giving assistance to suicide means giving means requesting from the accused his assistance in the
    (arms, poison, etc.) or whatever manner of positive suicide. If an affirmative act is done, e.g., shutting off
    and direct cooperation (intellectual oxygen at the request of patient, Article 253 applies. If
    aid, suggestions regarding the mode of committing the initiative comes from the offender, the crime is
    suicide, etc.). homicide or murder. 

    If the person does the killing himself, the penalty is


     • This article contemplates of euthanasia: similar to that of homicide, which is reclusion
    Euthanasia is the willful, deliberate and painless temporal. There can be no qualifying circumstance
    acceleration of death of a person. because the determination to die must come
    from the victim. This does not contemplate euthanasia
    Some advocate the legalization of painless death of or mercy killing where the crime is homicide (if without
    persons suffering from painful, fatal and incurable disease. consent; with consent, covered by Article 253).
    Modern interpretation attempts to extend its significance by
    implying the right of physicians and members of the family to
    accelerate death of all persons suffering from painful and
    Assistance to suicide is different from mercy- killing.
    incurable diseases purely founded on humanitarian
    sentiments Euthanasia or mercy-killing is the practice of
    painlessly putting to death a person
    Although there is no written law in the PH legalizing suffering from some incurable disease. In this case,
    euthanasia, it is contrary to the principle that no person has the person does not want to die. A doctor who resorts
    the right to end his own life, much less can he delegate such to euthanasia may be held liable for murder.
    a right to another.
    Medical ethics regard the duty of a physician to save life, not Penalty is mitigated if suicide is not successful.
    to end it.

    US- merciful killing if done I good faith to mitigate the The person attempting to commit suicide is not liable
    sufferings of persons affected with dreadful disease is not if he survives.
    punishable.
    Euthanasia is not lending assistance to suicide. In
    A physician can minimize or relieve the sufferings of a euthanasia, the victim is not in a position to commit
    patient or to make him comfortable by administering drugs suicide. A doctor who resorts to euthanasia of his
    like opiate, and other sedatives, nut not to the extent of patient may be liable for murder.
    inducing death. However, in certain instances, drugs, when
    given within the limit of dosage cannot give the patient the
    necessary relief. At this instance, the physician is at a
    dilemma and he must always be guided by his conscience
    and advice of his colleagues.  •  Second sentence of Article 253 has reference to
    the FIRST WAY of giving assistance to suicide
    CRIMINAL LIABILITY OF PHYSICIAN IN PERFORMING (only furnishing the person to commit suicide the
    EUTHANASIA means with which to kill himself). If the offender who
    lends his assistance performs acts to do the killing
    Even if the act of a physician in putting to death a himself, and the suicide is NOT CONSUMMATED, the
    patient is a humanitarian and merciful step, the act is penalty of arresto mayor in
    its medium and maximum in the second sentence
    should NOT BE IMPOSED. The penalty one or Q: Francis and Joan were sweethearts, but their
    two degrees lower than that provided for parents had objected to their relationship because
    consummated suicide should be imposed, depending they were first cousins. They forged a pact in writing
    whether it is frustrated or is attempted suicide. to commit suicide. The agreement was shoot each
    other in the head which they did. Joan died. Due to
     •  Penalty is the same if the offender is the medical assistance, Francis survived. Is Francis
    father, mother, child or spouse of the one committing criminally liable for the death of Joan? Explain. (2008)
    suicide. Art. 253 does not distinguish and does not
    any make any reference to the relation of the offender A: Francis is liable for giving assistance to suicide.
    and the person committing suicide.  --
    If the person does the killing himself, the penalty is
    Giving Assistance to Suicide is committed by any similar to that of homicide, which is reclusion
    person who assists another to commit suicide or by temporal. There can be no qualifying circumstance
    any person who lends assistance to another to the because the determination to die must come
    extent of doing the killing himself. from the victim. This does not contemplate euthanasia
    or mercy killing where the crime is homicide (if without
    Acts punishable: consent; with consent, covered by Article 253).
    1. By assisting another to commit suicide,
    whether the suicide is consummated or not.
    2. By lending his assistance to another to Assistance to suicide is different from mercy- killing.
    commit suicide to the extent of doing the Euthanasia or mercy-killing is the practice of
    killing himself. painlessly putting to death a person
    Note: suffering from some incurable disease. In this case,
    ● #1 - Giving assistance to suicide means furnishing the person does not want to die. A doctor who resorts
    the person to commit suicide the means (poison, to euthanasia may be held liable for murder.
    arms, etc.) with which to kill himself.
    Penalty is mitigated if suicide is not successful.
    ● #2 - The initiative must come from the sick person
    as in requesting from the accused his assistance in The person attempting to commit suicide is not liable
    the suicide. If an affirmative act is done, e.g., shutting if he survives.
    off oxygen at the request of patient, Article 253
    applies. If the initiative comes from the offender, the Euthanasia is not lending assistance to suicide. In
    crime is homicide or murder.  euthanasia, the victim is not in a position to commit
    suicide. A doctor who resorts to euthanasia of his
    ● Art. 253 does not distinguish and does not any patient may be liable for murder.
    make any reference to the relation of the offender and
    the person committing suicide. Hence, the penalty is
    the same as that provided in Art. 253.

    A, a pregnant woman, tried to commit suicide by


    means of poison. Instead of dying, the foetus in
    her womb was expelled. Is A liable for abortion? 

    ● No. In order to incur criminal liability for the result


    not intended, one must be committing a felony. (Art. 4,
    par. 1, RPC). An attempt to commit suicide is an act,
    but it is not punishable by law. As A is not committing
    a felony, she is, therefore, not liable for abortion for
    expelling the foetus instead. Art. 253 does not
    penalize the person who attempts to commit suicide. 

    ● A person who attempts to commit suicide is not


    criminally liable because society has always
    considered such a person as an unfortunate being, a
    wretched person more deserving of pity rather than of
    penalty. 

    Bar Question:

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