Murder
Objectives:
-define and explain murder
and its elements under Article
248 of the Revised Penal Code
Murder is defined as the unlawful
killing of any person when qualified by
any of the circumstances listed uder
Art 248 of the RPC, among which
alevosia
Art 248. Murder- any person who, not
falling within the provision of Art. 246
shall kill another, shall be guilty of
murder and shall be punished by
reclusion temporal in its maximum
period of death, if committed with the
following 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 person to
insure or afford impunity.
b. In consideration of a price or reward or
promise.
c. 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.
d. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, volcanic eruption,
destruction cyclone, epidemic
or other public calamity.
[Link] evident premeditation
f. By cruelty, by deliberately
and inhumanly augmenting
the suffering of the victim, or
outraging or scoping at his
person or corpse.
TREACHERY
- means that the
offended party was not
given the opportunity to
make a defense.
To establish treachery, the evidence
must show that the accused made
some preparation to kill the victim in
such a manner to insure the
execution or the crime or make it
impossible or hard for the person
attacked to defend himself. But
killing done at the spur of the
moment is not treacherous.
Abused of superior strength and
night time are absorbed in
treachery. In treachery, what is
decisive is that the attack was
executed in such a manner as to
make it impossible for the victim to
retaliate.
The killing of the victim
frontally does not negate
treachery when the victim
was killed after already being
in a helpless condition.
It may also be appreciated
even if the attack was frontal
but no less unexpected and
sudden, giving the victim no
opportunity to repel it or offer
any defense of his person.
It may also be appreciated
even if the attack was frontal
but no less unexpected and
sudden, giving the victim no
opportunity to repel it or offer
any defense of his person.
EVIDENT
PREMEDITATION
ELEMENTS:
1. The time when
the offender
determined to
commit the crime.
2. An act
manifestly
indicating that the
culprit had slung to
his determination.
3. A sufficient lapse of
time between the
determination and the
execution to allow the
accused to reflect upon the
consequences of his act.
The elements of evident
premeditation must be
established with equal
certainty and clarity as the
criminal act itself before it
can be appreciated as a
qualifying circumstance.
Premeditation is the act of
mediating in advance
deliberation upon a
contemplated act; a
designed form to do
something before it is
done.
The essence of premeditation is that
the execution of criminal act must
be preceded by COOL THOUGHT
AND REFLECTION upon the
resolution to carry out of the
criminal intent during the space of
time SUFFICIDENT to arrive at a
calm judgment. There is no evident
premeditation without proof of
planning.
TREACHERY
There is treachery when the
offender commits any of the crimes
against a person:
1. Employing means, methods or
forms in the execution thereof which
tend directly and especially to insure its
execution without risk to himself arising
from the defense which the offended
party might make.
2. Deliberately or consciously adopted
the means of execution. Art. 14 para.,
16 RPC. The essence of treachery is
that the attack is deliberate and without
warning, done in a swift and
unexpected manner, affording the
helpless, unarmed and unsuspecting
victim no chance to resist or escape.
It must be clearly shown that
the method of assault
adopted by the aggressor
was deliberately chosen to
accomplish the crime without
risk to the aggressor.
Treachery was established in
the following scenario:
1. The suspect approached
the victim from behind and
assaulted him without any
provocation whatsoever.
2. The victim was on his way
home. He was expecting to
be greeted by his family,
when the suspect suddenly
emerged from a bamboo
enclosure.
Suspect was at that time already
holding a gun, positioned himself
at the back of the victim. From
there he promptly fired at him from
behind, while he uttered words,
“eto and hinahanap mo bong”, at
the same time firing at the victim,
That barely warned the latter nor
gave him ample time to put up
even a semblance of defense. In
fact, the only reaction the victim
was able to make was to try to turn
his face towards the direction
where he heard the voice come
from.
Treachery can only be considered
as a qualifying circumstances that
would affect the nature of crime
and not as generic aggravating
circumstances that would raise the
penalty to death.
Taking advantage of public
position:
To be aggravating, the public
officer must use the influence,
prestige or ascendancy which his
office gives him as a means by
which he realizes his purpose.
Night time:
Becomes an aggravating
circumstance when :
1. It was specifically sought by the
offender.
2. It was taken advantage by him.
3. It facilitated the commission of the
crime by insuring the offender’s
immunity from capture, although the
crime was committed at 7 o’clock, no
evidence was presented showing that
night time especially sought by the
offender to consummate the crime or
to facilitate its commission.
Cruelty/Ignominy
To be appreciated, there must be proof
that eh accused delighted in making
their victim suffer slowly and gradually,
causing him unnecessary physical and
moral paint in the consummation of the
crime act.
The accused burned the body of the
deceased in not sufficient to show that
means were employed which added
ignominy to the natural effect of the
act, nor may cruelty was found
because there is no showing that the
victim was burned while he was still
alive.
Thank you
for listening…
