Dear PAO,

A close friend of mine was severely depressed because of family and business problems, and confided that he wanted to end his life. Out of sheer mercy and pity for his extreme suffering, I unthinkingly agreed to help him. I purchased a strong sedative and mixed it into a drink because his hands were shaking violently. He drank it himself, but fortunately, his sister found him in time and rushed him to the hospital. He survived and is now recovering. However, a mutual friend told me that I could still go to jail because I helped him. Is this true? Can I be held criminally liable even if he survived and despite the fact that I acted only out of compassion?

Anxious Friend

Dear Anxious Friend,

To answer your question directly, yes, you may still face criminal liability under Philippine law despite your compassionate intentions and the fortunate survival of your friend.

While taking one’s own life is not penalized under our laws, actively participating in or facilitating another person’s attempt to do so is considered a serious criminal offense. A good motive, such as mercy or pity, does not extinguish criminal liability.

Your situation falls squarely under Article 253 of the Revised Penal Code (RPC), which penalizes the crime of Giving Assistance to Suicide. The law states: “Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person lends 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.”

Article 253 of the RPC outlines three distinct scenarios based on the level of assistance provided and whether or not the act was completed. First, in a consummated suicide with assistance, providing material help carries the penalty of prision mayor, which ranges from six years and one day to 12 years of imprisonment. Second, if the cooperation reaches the extent of doing the killing, meaning the assistant performs the final fatal act, the penalty escalates to reclusion temporal, ranging from 12 years and one day to 20 years of imprisonment.

Lastly, in case of an unconsummated suicide where assistance was given but the individual ultimately survives, the law still penalizes the act, though it imposes a lighter sentence of two months and one day to six months of imprisonment.

In your case, your friend’s suicide was not consummated due to the timely intervention of his sister. Consequently, the heavier penalties for a consummated suicide would not apply. Nevertheless, because you knowingly procured the sedative and actively mixed it into his drink, you provided material assistance in the commission of the act. Under Article 253 of the RPC, such conduct may render you liable under the third scenario, which carries the penalty of arresto mayor in its medium and maximum periods (ranging from 2 months and 1 day to 6 months of imprisonment).

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.