Article 248 Murder

Nighttime can qualify the killing of murder. It can be absorbed by

treachery.
What if AAA closes all the doors so that the people cannot escape
the building? No longer merely arson. The person obviously had
intent to kill.
People vs. Estacio
What if there are 2 or more circumstances qualify killing to murder?
One circumstance is enough to qualify the killing to
murder. The other circumstances can be appreciated as
generic aggravating circumstances.
o Generic aggravating circumstances increase the
penalty to its maximum period.
o Can be off-set by mitigating circumstance
A kills B, an 8-y/o. A is a body-builder. A kills child. ABUSE OF
SUPERIOR STRENGTH
Armed men how many men? At least 2 armed men, excluding the
offender.
Can there be murder if the victim does not die even if given poison
but there was no intent to kill? No, there was no intent to kill.
Frustrated homicide by means of poison
People vs. Tomas, Sr.
Accused were cousins. One of the accused was an employee of one
of the cousins.
A and B are neighbors. Every morning, they almost go out of their
house at the same time. They always look eye-to-eye.
Nagkakainitan. A was cleaning his car outside his house. B was
outside, remarking at A, Bakit mo ako tinititigan ng ganyan? Anong
problema mo? B went outside his house again, and brought out a
bolo, bladed. Attacked A. A, who was cleaning his car, was able to
counter attack so the bolo twice hit the car. The force of this attack
was that A was able to hold car enough to keep B hacking. A
grabbed bolo with bare hands and they grappled on the ground.
They grappled with bolo, so neighbors intervened. B is an employee
of the Department of Agrarian Reform.
On occasion of as long as it is taken advantage of

Evident Premeditation how long a time should pass?

Cruelty
Article 249 Homicide
The law does not penalize suicide.
A attempts to commit suicide. A falls over B. B dies, A lives. Haha.
Homicide? Nope, there was no intent to kill. Is A liable for anything?
Damages, not for any criminal liability under RPC.
Article 251 and 252
In 251, there is death. In 252, serious physical injuries.
Upon whom should the penalty be imposed if there is death in a
tumultuous affray (251)?
What if there is a rumble between two gangs and someone dies?
Not 251 or 252 because the 2 groups are known.