Professional Documents
Culture Documents
Legal Medicine Part 3
Legal Medicine Part 3
Legal Medicine Part 3
248: Murder
Unlawful killing of a person which is not parricide nor infanticide
Penalty: Reclusion perpetua to death.
ELEMENTS OF MURDER:
1. With treachery, taking advantage of superior strength, with 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
vessel, derailment or assault upon a railroad, fall of an airship, or 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 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 augmenting
the suffering of the victim, or outraging or scoffing at
his person or corpse.
ART. 249: Homicide
Committed by any person who, not falling within the provisions of Art. 246 (Parricide)
shall kill another without the attendance of any of the circumstances enumerated in Art.
248 (Murder) shall be deemed guilty of homicide.
Penalty:
Reclusion temporal
(12 yrs. & 1 day to 20 yrs.)
ABORTION
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.