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Murder


ART.248

ELEMENTS:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the following qualifying
    circumstances:
   a. 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,
   b. in consideration of price, reward or promise,
   c. 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,
   d. 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,
   e. with evident premeditation, or
   f. with cruelty, by deliberately and inhumanely augmenting the
      suffering of the victim or outraging or scoffing at his person
      or corpse; and
4. The killing is not parricide or infanticide.

The victim must be killed in order to consummate the offense.
Otherwise, it would be attempted or frustrated murder.

When the victim is already dead, intent to kill becomes irrelevant.
It is important only if the victim did not die to determine if the
felony is physical injury or attempted or frustrated homicide.

That murder will exist with only one of the circumstances described
in Article 248. When more than one of said circumstances are present,
the others must be considered as generic aggravating.

That when the other circumstances are absorbed or included in one
qualifying circumstance, they cannot be considered as generic
aggravating.

Any of the qualifying circumstances must be alleged in the
information. Otherwise, they will only be considered as generic
aggravating circumstances.

Treachery and premeditation are inherent in murder with the use
of poison.

PEOPLE vs. SANTOS, GR 127492, 1/16/04
 A sudden and unexpected attack under circumstances which render
 the victim unable to defend himself by reason of the suddenness
 and severity of the attack constitutes alevosia.

PEOPLE vs. ERIC GUILLERMO, GR 147786, 1/20/04
 Dismemberment of a dead body is one manner of  outraging or
 scoffing at the corpse of the victim.

PEOPLE vs. MONTAÑEZ, GR 148257, 3/17/04 
 The barefaced fact that Daniel Sumaylo pleaded
 guilty to the felony of homicide is not a bar to the
 appellant being found guilty of murder as a principal.
 It bears stressing that Sumaylo plea-bargained on his
 re-arraignment. Even if the public prosecutor and the
 father of the victim agreed to Sumaylo's plea, the
 State is not barred from prosecuting the appellant for
 murder on the basis of its evidence, independently of
 Sumaylo's plea of guilt.

People v. Pugay and Samson
 Intent to kill must be present for the use of fire to
 be appreciated as a qualifying circumstance. Intending to
 make fun of a retard, Pugay poured gasoline on the latter while
 Samson set him on fire. The retard died. There was no animosity
 between the two accused and the victim such that it cannot be
 said that they resort to fire to kill him. It was merely a part
 of their fun making but because their acts were felonious, they
 are criminally liable.

   POISON - Treachery and evident premeditation are inherent in
            murder by poison only if the offender has the intent
            to kill the victim by use of poison.

   EVIDENT PREMEDITATION
          - act of the offender manifestly indicating that he
            clung to his determination to kill his victim
     
          - Evident premeditation is absorbed in price, reward or
            promise, if without the premeditation the inductor
            would not have induced the other to commit the act but
            not as regards the one induced.

   CRUELTY - Under Article 14, the generic aggravating circumstance
            of cruelty requires that the victim be alive, when the
            cruel wounds were inflicted and, therefore, must be
            evidence to that effect. Yet, in murder, aside from
            cruelty, any act that would amount to scoffing or
            decrying the corpse of the victim will qualify the
            killing to murder.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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