Art. 248. Murder. — Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; 2. In consideration of a price, reward, or promise; 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; *See Appendix “A,” Table of Penalties. 495Art. 248, MURDER 4. On occasion of any of the calamities enumerateg in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or other Public calamity; 5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly aug. menting the suffering of the victim, or outraging or scoffing at his person or corpse. (As amended by R.A. No. 7659) Murder, defined. Murder is the unlawful killing of any person which is not Parricide or infanticide, provided that any of the following circumstances is present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; 2. Inconsideration of a price, reward or promise; 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; 5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his Person or corpse. (AS amended by R.A. No. 7659) Elements of murder: 1. That a person was killed. 2. That the accused killed him. 3. That the killing was attended by any of the ifying ci stances mentioned in Article 248, orine qualifying eirenraa 4. The killing is not parricide or infanticide. 496MURDER Art. 248 “Not falling within the provisions of Article 246.” Although Article 248 makes reference only to Article 246, which defines and penalizes parricide, it is understood that the person killed should not be less than three days old; for, otherwise, the crime would be infanticide defined and penalized by Article 255, “§hall kill another.” In murder, the victim must be killed to consummate the crime. If the victim is not killed, it is either attempted or frustrated murder. The offender must have intent to kill to be liable for murder com- mitted by means of fire, or other means enumerated in par. 3 of Article 248. Killing a person by means of fire is murder, only when there is actual design to kill on the part of the offender. (U.S. v. Burns, 41 Phil. 418) This ruling is applicable to all the other circumstances enumerated in paragraph No. 3 of Article 248. But killing a person with treachery is murder even if there is no intent to kill. If the defendant had not committed the assault in a treacherous manner, he would nevertheless have been guilty of homicide, although he did not intend to kill the deceased; and since the defendant did commit the crime with treachery, he is guilty of murder, because of the voluntary presence of the qualifying circumstance of treachery. (People v. Cagoco, 58 Phil. 530) This ruling may be applicable to all the other circumstances in pars. Nos. 1, 2, 4, 5 and 6 of Article 248. Note: The ruling is based on Article 4, par. 1, of the Code. Rules for the application of the circumstances which qualify the killing to murder. (@) That murder will exist with only one of the circumstances described in Article 248. (U.S. v. Labai, 17 Phil. 240) When more than one of said circumstances are present, the others must be considered as generic aggravating. Thus, when in killing the victim, the commission of the crime is attended by: (1) evident premeditation; (2) treachery; and (3) price, reward or promise, only one of them shall qualify the killing to murder and the other shall be considered as generic aggravating circumstances. (See People v. Duero, 90 SCRA 23, where the rule was applied.) 497