Article 247 of the Revised Penal Code affords protection to a spouse considered to have acted in a justified outburst of passion or a state of mental disequilibrium. The offended spouse has no time to regain his self‐control.
However the following circusmstances must be present:
1. A legally married person or a parent surprises his spouse or daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse.
2. He or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter.
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse.