Murder

Category: Book 2- Crimes and Penalties

Murder

A. Concept: It is the crime committed by the killing of a human being which does not constitute parricide or infanticide and where it is both alleged and proven that the killing was attended by any of the qualifying aggravating circumstances under Article 248 of the Revised Penal Code.

B. The concept of the qualifying circumstances are the same as in Article 14

1. Except for “outraging or scoffing at the person or corpse”, which occurs after the victim is already dead, all the other circumstances occur either prior to or simultaneous with the act of killing. Scoffing or outraging includes doing any act upon the corpse which adds to the mental suffering or humiliation of the heirs of the victim or which offends the public.



Examples: (i) dismembering the corpse by cutting off the head (ii) urinating on it (ii) putting it on a sack and throwing the sack in a garbage pit (iv) stripping if off the clothes



2. Where the circumstance pertains to the means, methods or forms, it is usually treachery which is preferred and the rest are absorbed; such as night time, advantage of superior strength, aid of armed men.



3. Where treachery is present with other circumstances not relating to the means, methods or forms, (e.g. price, reward or promise) it is treachery which will be used to qualify and the rest will be considered as merely generic aggravating, provided they were duly alleged in the Information



4. Where fire is used, the death of the victim must be the purpose or objective of the accused, such as burning his person, throwing him into a fire or pouring gasoline on his body and lighting it. If the intent or purpose was to destroy property by means of fire and it was incidental that a person was killed, the result is the special complex crime/composite crime of Arson Resulting in Homicide.



5. Murder cannot be committed by negligence