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If a man discovers his wife involved in sexual relations "in flagrante" is it grounds for justifiable homicide? In the Philippines, catching a spouse in adultery in flagrante delicto is not grounds for justifiable homicide (which would result in complete exemption from criminal liability), but rather qualifies as exceptional circumstances under Article 247 of the Revised Penal Code. Legal Classification: The act is considered felonious (a crime), but the law grants a privilege that reduces the penalty from murder or homicide to destierro (banishment). Requisites: To invoke this provision, the husband must surprise his wife in the act of sexual intercourse with another person and kill them in the act or immediately thereafter. Rationale: The law acknowledges the vindication of a man’s honor and the enormous provocation, but requires the act to be driven by an impulse of passion rather than revenge or premeditation. Distinction: If the killing occurs after a signif...