Philippine Criminal Law: Murder


Murder is the unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is present:

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 Note: For reward and promise to be considered, the same must the primary consideration in the commission of a crime
or felony. If this aggravating circumstance is present in the commission of the crime, it affects not only the person who received the money or reward but also the person who gave it.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding on a vessel, derailment or assault upon a railroad, fall of an airship, by 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 volcano, destructive cyclone, epidemic, or other
public calamity

5. With evident premeditation
Note: The offender must have taken advantage of the same and the resultant condition.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Note: Cruelty includes the situation where the victim is already dead and yet, acts were committed which would decry or scoff the corpse of the victim. The crime becomes murder.

There is no cruelty if the act is the result of an impulse of passion or extreme obfuscation as such will be inconsistent with the concept of deliberateness in augmenting the suffering of the victim


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