Art-248: Murder

#Reclusion Perpetua-Death
When Committed?
Murder is committed by any person who
shall kill another, not falling under article
246(Parricide) and 255(Infanticide), when
ANY of the FF circumstances is present:
1.) With
TREACHERY,
(1)
taking
advantage of superior strength, (2)
with the aid of armed men, (3)
employing means to weaken the
defense of the victim, or (4) by any
means, or persons, to insure or
afford impunity.
2.) In CONSIDERATION of a Prize,
Reward, or Promise.
3.) BY MEANS OF (1) inundation, (2) fire,
(3) poison, (4) explosion, (5)
shipwreck, (6) stranding vessel, (7)
derailing or assaulting upon a
railroad, (8) falling airship, (9) any
motor vehicle, (10) or by any other
means that include great waste and
ruin.
4.) IN THE OCCASION OF (1) any
calamity mentioned in the preceding
paragraph, (2) earthquake, (3)
destructive cyclone, (4) epidemic,
(5) or any other public calamity
5.) By EVIDENT PREMEDIATION
6.) With (1) cruelty, committed by
augmenting the suffering of the
victim, or by (2) outraging or
scoffing at his person or corpse.

*In the case of US v BURNS it was ruled

that in case falling under PAR 3 the
prosecution need to PROVE INTENT TO KILL
*INTENT TO KILL NEED NOT BE PROVEN in
cases falling under PAR 1,2,5,6
*When more than one of the circumstances
are present then only one is needed to
constitute the crime of murder, the other
circumstance may serve as an aggravating
circumstances, except when they are
absorbed.
*The qualifying circumstances must be
alleged otherwise it will only amount to
homicide. (US v CAMPO)
*To constitute TREACHERY (alevosia) the
means of attack must be DELIBERATELY
EMPLOYED.
*If the victim is a CHILD of TENDER AGE,
even if the manner of attack was not show,
it is considered as TREACHERY. (PEOPLE v
VALERIO)
*If the qualifying circumstance is SUPERIOR
STRENGTH, AID OF ARMED MEN, or any
situation provided in PAR 4, then it must be
proven that such circumstance was used as
an advantage.
*Covering the face with a mask or a
handkerchief is an example of A MEANS OF
INSURING OR AFFORDING IMPUNITY.

*TREACHERY and EVIDENT PREMEDIATION

is INHERENT in cases falling under PAR
3(provided that there is INTENT TO KILL),
hence not an aggravating circumstance.
*TREACHERY is INHERENT in PAR 4.
REQUISITES OF EVIDENT PREMEDIATION:
1.) The time that the accused decided to
kill the victim.
2.) An act manifesting that the accused
clung to the decision to kill the
victim.
3.) There
is
a
sufficient
time
lapse/interval between the decision
to kill and the act. (PEOPLE v LEANO
& PEOPLE v CAUSI)
OUTRAGING is an EXTREMELY VISCIOUS
and INSULTING ACT.
SCOFFING is to jeer, and implies a showing
of IRREVERENCE.
ART 249- Homicide
#Reclusion Temporal
HOMICIDE is the UNLAWFUL KILLING of a
person not falling under art 246, 248, and
255
ELEMENTS:
1.) A person was killed
2.) The offender killed such person
without
any
of
the
justifying
circumstances

3.) That the accused has the intention to

kill (which is presumed)
4.) That it does not fall under 246, 248,
and 255.
SEC 10 of RA 6710 (Anti-Child Abuse Law) if
the VICTIM IS 12 YEARS OLD AND BELOW
then the penalty is RECLUSION PERPETUA.
*If
the
offense
is
ATTEMPTED
or
FRUSTRATED HOMICIDE then proof of
INTENT TO KILL is NECESSARY (USUALLY
shown by the kind of weapon and the body
part it was aimed at).
*NO FRUSTRATED HOMICIDE THROUGH
IMPRUDENCE
because
negligence
is
incompatible with the need for intent to
kill. (PEOPLE v CASTILLO)
*Use of an unlicensed firearms is taken
only is an aggravating circumstance of
homicide and no longer a separate
prosecution because of the amendment
introduced by RA 8294 to PD 1866.
(PEOPLE v AVECILLA)
ACCIDENTAL HOMICIDE is the death of a
person brought about by a lawful act
performed with proper diligence, without
homicidal intent.
CORPUS DELICTI means that a crime was
actually perpetrated, and does not refer to
the body of the murdered person. Hence,
there can be corpus delicti without the

actual body of the person. (PEOPLE v

BUNGAY)
*In all crimes against person where death
is an element the FF must be established:
1.) The fact of the death.
2.) The identity of the victim
ART 250: Penalty for Frustrated Parricide,
Murder, or Homicide
1.) [Frustrated] The court may impose a
penalty two degrees lower because
art 250 provides the judge may give
a penalty one degree lower than that
provided under art 50, which
provides that a penalty one degree
lower
should
be
imposed
to
frustrated offenses.
2.) [Attempted] the court may impose a
penalty three degrees lower because
art 250 provides the judge may give
a penalty one degree lower than that
provided under art 51, which
provides that a penalty one degree
lower
should
be
imposed
to
attempted offenses.
*The provision is merely permissive not
mandatory
ART 251: Death Caused in a Tumultuous
Affray
#Par 1 Prision Mayor
#Prision Coreccional

ELEMENTS:
1.) That there are SEVERAL offenders (At
least 4 persons)
2.) That the offenders do not form
groups for the common purpose of
assaulting each other.
3.) That the offenders Quarreled and
Assaulted each other in a Confused
and Tumultuous manner.
4.) That someone died in the course of
the affray.
5.) That the person who killed the victim
cannot be identified.
6.) That the persons who inflicted
serious physical injuries (par 1) or
employed violence (par 2) can be
ascertained.
*The crime does not fall under art 251 if
there was two well-know groups. (PEOPLE v
CORPUS)
*The victim need not be a participant in the
affray.
Art 252: Physical Injuries Inflicted in a
Tumultuous Affray
ELEMENTS:
1.) That there is a tumultuous affray,
defined in the preceding article.
2.) That
a
participant
or
some
participant suffer serious physical
injuries or physical injuries of a less
nature only.

3.) That the person responsible therefor

cannot be determined
4.) That the persons that inflicted
violence are identifiable.
*SLIGHT PHYSICAL INJURY not included
because in the provisions referring to
tumultuous affray the penalty is one
degree lower of the penalty of the offense
when committed in a regular manner, the
penalty next lower in degree of slight
physical injury however is public censure.
Art 253: Giving Assistance to Suicide
#Prision Mayor
#Reclusion Temporal
#Arresto Mayor
Acts Punished:
1.) Giving aid to a person for the
commission of suicide, regardless of
consummation
2.) Lending his assistance to another
committing suicide to the point of
doing the killing himself.
*Art 253 does not distinguish relations.
*A person who attempts suicide is not
criminally liable. Hence, a pregnant woman
who attempted suicide but ended up
aborting the baby is not criminally liable.
*Assistance to suicide is different from
euthanasia.
Art 254: Discharge of Firearms

#Prision Correccional

#Reclusion Temporal

Elements:
1.) offender
discharges
a
firearm
against or at another person
2.) the offender has no intention to kill.

INFANTICIDE is the killing of an infant not

more than three days old or 72 hours.

*The act constituting the crime is shooting

at another without the intention of killing
him.
*It is important for the prosecution to prove
that the discharge of the firearm was
directed precisely against the offended
party. Other wise the act constitutes only
alarm under art 155. (PEOPLE v CUPIN)
*Distance of accused and the victim may
determine intent to kill.
*If serious or less serious physical injuries
were inflicted in the discharge of firearm
then there is a complex crime of discharge
of fire arms with serious or less serious
physical injuries.
*When only slight physical injuries then
there is no complex crime.
*If the gun was aimed at the victim but
without the doing of the offender he hits
another place, the crime is still illegal
discharge of firearms.
Art 255: Infanticide
#248 or 246
#Prision Mayor

*CONCEALING DISHONOR is only a

MITIGATING CIRCUMSTANCE afforded to
the:
1.) Mother (Prision Mayor)
2.) Maternal Grandparents (Reclusion
Temporal)
*To be able to afford the benefit of the
mitigating circumstance of dishonor the
mother must be of good moral and good
reputation.
*The child must be born alive, and fully
developed, that is, it can sustain an
independent life. (U.S. v Vedra)
Art 256: Intentional Abortion
#par 1 Reclusion Temporal
#par 2 Prision Mayor
#par 3 Prision Correccional med-max
ABORTION is the killing of the fetus in the
uterus, or the violent expulsion from the
maternal womb, which results to the
fetuss death.
*In frustrated and attempted intentional
abortion, there must be intent to cause
abortion.

*Theres
no
frustrated
unintentional
abortion because of the lack of intent.
WAYS
OF
COMMITING
INTENTIONAL
ABORTION:
1.) Par 1 Through inflicting violence.
(Reclusion Temporal)
2.) Par
2
By
acting,
through
administering drugs or beverages
and such others that causes abortion,
without the consent of the mother.
(Prision Mayor)
3.) Par
3
By
acting,
through
administering drugs or beverages
and such others that causes abortion,
with the consent of the mother.
(Prision Correccional)
Art 257: Unintentional Abortion
#Prision Correccional min-med
Elements:
1.) The offender employed violence
upon a pregnant woman.
2.) The violence resulted to the death of
the fetus.
3.) There was no intent to cause
abortion.
Art 258: Abortion Practiced by the Woman
herself or her Parents
#Par 1 Prision Correccional med-max
#Par 2 Prision Correccional min-max
# Par 1 Prision Correccional med-max
ELEMENTS:

1.) A pregnant woman lost her child

through abortion.
2.) The abortion was intentional.
3.) The cause is either:
a. Caused
by
the
pregnant
woman
herself.
(Prision
Correccional med-max)
b. Caused by any other person,
with the consent of the woman.
(Prision Correccional med-max)
c. The
woman
(Prision
Correccional min-max) or the
parents of the woman with her
consent to conceal her honor
(Prision
Correccional
medmax).

knowledge
or
skills
for
commission of the abortion.

the

ELEMENTS (PAR 2):

1.) Offender is a pharmacist
2.) That there is no proper prescription
issued by a physician.
3.) That he dispenses such abortive.
4.) That he did not know that its going
to be used for abortion.
*The offender must not know that the
abortive would be used for abortion
otherwise, he would be liable as an
accomplice in the crime of abortion, if
such abortion was consummated.

PERSONS LIABLE:
1.) The pregnant woman herself
2.) The parents of the pregnant woman

*To make someone liable under par 2 it

is not necessary that the abortive was
actually used.

Art 259: Abortion Practiced by a Physician

or Midwife and Dispensing Abortives.
#Par 1 Maximum Penalty for 256
#Par 2 Arresto Mayor + 10,000

Art 260: Responsibility of Participants in

a Duel
#Par 1 Reclusion Temporal
#Par 2 Penalty according to the nature
of the physical injury
#Par 3 Arresto Mayor
#Par 4 Accomplice

ELEMENTS (PAR 1):

1.) There is a pregnant woman who
suffered abortion.
2.) The offender is a mid wife or a
physician.
3.) The offender caused or assisted the
abortion.
4.) That the offender, being a midwife
or a physician, took advantage of his

DUEL is a formal combat, previously

agreed upon by two parties done in the
presence of two or more official
attendant on each sides who makes the
selection of arms and fixes all other
conditions.

ACTS PUNISHED:
1.) By killing an adversary in a duel.
2.) Inflicting upon the adversary physical
injuries.
3.) Making a combat although no
physical injury has been inflicted.
PERSONS LIABLE:
1.) Persons who killed or inflicted
physical injuries, or in any other case
both combatants, as principals.
2.) Seconds, as an accomplice.
Art 261: Challenging to a Duel
#Prision Correccional med
ACTS PUNISHED:

1.) By challenging another to a duel.

2.) By inciting another to accept or give
a challenge to a duel.
3.) By scoffing or decrying another for
refusing to accept a duel.
*A challenge to a fight is not what is
contemplated under the challenge to a
duel because the offender must have in a
mind a formal combat accompanied by two
or more seconds.
PERSONS LIABLE:
1.) CHALLENGER
2.) INSTIGATOR