13.

RULES FOR THE APPLICATION OF THE CIRCUMSTANCES THAT QUALIFY

THE KILLING TO MURDER
That the killing was attended by any of the following qualifying circumstances
1. with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity
2. in consideration of price, reward or promise
3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a street car or locomotive, fall of airship, by means of motor
vehicles or with the use of any other means involving great waste or 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 inhumanely augmenting the suffering of the victim or
outraging or scoffing at his person or corpse by means of inundation, fire, poison,
explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or
locomotive, fall of airship, by means of motor vehicles or with the use of any other means
involving great waste or ruin

14. INTENTIONAL, UNINTENTIONAL, ABORTION PRACTICED BY THE WOMAN

HERSELF

ELEMENTS OF INTENTIONAL ABORTION: (256)

1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the accused
otherwise acts upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, the fetus dies, either in the womb or after having been expelled therefrom.
4. That the abortion is intended.

ELEMENTS OF UNINTENTIONAL ABORTION: (257)

1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the womb or after having been
expelled therefrom.
ELEMENTS  OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER
PARENTS: (258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
A. the pregnant woman herself
B. any other person, with her consent, or
C. any of her parents, with her consent for the purpose of concealing her dishonor.

15. DISTINCTIONS BETWEEN PHYSICAL INJURIES AND FRUSTRATED

HOMICIDE

Answer: In frustrated homicide, the offender must have the intent to kill the victim. If there is no
intent to kill the victim on the part of the offender, he is liable only for physical injuries.