Republic of the Philippines

EULOGIO “AMANG” RODRIGUEZ

INSTITUTE OF SCIENCE AND TECHNOLOGY
Cavite Campus
General Mariano Alvarez, Cavite

Subject: SPECIALIZED CRIME INVESTIGATION 2 WITH SIMULATION OF INTERVIEW

AND INTERROGATION
Subject Code: CD6SCI2I
Topic: SPECIAL CRIMES RELATED TO PERSONS
Sub-Topics: a. Murder
b. Elements of Murder and Penalties
c. Rules for the Application of the Circumstances
which qualify to Crime of Murder
d. Homicide
e. Elements of Homicide and Penalties
f. Accidental Homicide
g. Parricide
h. Elements of Parricide and Penalties
Reporters: ARDALES, ANGELO
BALURAN, MARISOL
BETANIA, PRINCE
COLIS, KERBY
FUTOL, CHARMAINE ANN A.
LAGMAN, JEROME
MACARAT, REI
Instructor: Mr. ALVIN T. REJUSO, RCrim, LPT

SPECIAL CRIMES RELATED TO PERSONS

A. MURDER

Murder is the crime of unlawfully and unjustifiably killing a person (Merriam Webster)

In the Revised Penal Code Article 248, Murder is 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 temporal in its maximum period to death.

B. ELEMENTS OF MURDER AND PENALTIES

The Elements of Murder are;

1. That a person was killed;

2. That the accused killed him;
3. That the killing was attended by any of the qualifying circumstances mentioned in Art.
248; and
4. That the killing is not parricide or infanticide.
 Guilty of murder shall be punished by Reclusion Temporal in its maximum period to death
(Article 248, RPC)

C. RULES FOR THE APPLICATION OF THE CIRCUMSTANCES WHICH QUALIFY TO CRIME

OF MURDER

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 street car or locomotive, 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 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.

D. HOMICIDE

In the Revised Penal Code, Article 249, Homicide is any person who, not falling within the
provisions of article 246 shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide and be punished
by reclusion temporal.

E. ELEMENTS OF HOMICIDE AND PENALTIES

The elements of Homicide are the following;

1. A person was killed;

2. The accused killed him without any justifying circumstance;
3. The accused had the intention to kill, which is presumed; and
4. The killing was not attended by any of the qualifying circumstances of Murder, or by that
of Parricide or Infanticide

Guilty of Homicide shall be punished by Reclusion Temporal.

F. ACCIDENTAL HOMICIDE

Accidental Homicide is where you kill someone in the course of a lawful act that is done
with a reasonable belief that no harm will take place. Most jurisdictions say that an accidental
killing is not a crime.

You cause an “accidental death” if you take the life of another human being, and the death
occurs in the commission of an act that is: Lawful, and Done with a reasonable belief that no
harm will occur. Consider, for example, a real accidental death case in Massachusetts. In 2020,
a Massachusetts man accidentally killed his neighbor with a crossbow after trying to save a
person from a Pitt Bull attack. The crossbow bolt actually went through a dog, then through a
closed door, and then fatally struck the neighbor.
 This incident amounts to accidental death because the killing took place during a legal act,
or the shooting of a crossbow. Further, a reasonable person could not have believed that the
bolt would travel through both a dog and door before striking the neighbor.

Accidental homicide does not usually lead to criminal liability or criminal charges. Some
states even have statutes that expressly say this.

G. PARRICIDE

In the Revised Penal Code, Article 246, Parricide is any person who shall kill his father,
mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusión perpetua
to death.

H. ELEMENTS OF PARRICIDE AND PENALTIES

Parricide is committed when;

1. A person is killed;
2. The deceased is killed by the accused;
3. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

Guilty of parricide shall be punished by the penalty of Reclusión Perpetua to death.

REFERENCES

https://www.merriam-webster.com/dictionary/murder
https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64098
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60857#:~:text=The%20elements%20of%20
Homicide%20are,that%20of%20Parricide%20or%20Infanticide
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/21/54025#:~:text=Parricide%20is%20committ
ed%20when%3A%20(1,legitimate%20spouse%20of%20the%20accused.