Giving Assistance to Suicide

Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.

ACTS PUNISHABLE

1. By assisting another to commit suicide, whether the suicide is consummated or not.

2.  By lending his assistance to another to commit suicide to the extent of doing the killing himself.

 •  This article contemplates of euthanasia where the victim is suffering from terminal illness. The initiative must come from the sick person as in requesting from the accused his assistance in the suicide. If an affirmative act is done, e.g., shutting off oxygen at the request of patient, Article 253 applies. If the initiative comes from the offender, the crime is homicide or murder. 

 •  Second sentence of Article 253 has reference to the FIRST WAY of giving assistance to suicide (only furnishing the person to commit suicide the means with which to kill himself). If the offender who lends his assistance performs acts to do the killing himself, and the suicide is NOT CONSUMMATED, the penalty of arresto mayor in its medium and maximum in the second sentence should NOT BE IMPOSED. The penalty one or two degrees lower than that provided for consummated suicide should be imposed, depending whether it is frustrated or is attempted suicide.

 •  Penalty is the same if the offender is the father, mother, child or spouse of the one committing suicide. Art. 253 does not distinguish and does not any make any reference to the relation of the offender and the person committing suicide. 

References: 

Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.

Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.