MIRANDA RIGHTS

1. You have the right to remain silent.

2. Anything you say can be used against you in court. You have the right to talk to a
lawyer for advice before we ask you any questions.
3. You have the right to have a lawyer with you during questioning.
4. If you cannot afford a lawyer, one will be appointed for you before any questioning if
you wish.
5. If you decide to answer questions now without a lawyer present, you have the right
to stop answering at any time.

WAIVER
Do you understand the rights I have just read to you? “With these rights in mind, do
you wish to speak with me?”

RIGHTS OF THE ACCUSED

SECTION 1. Rights of accused at the trial. —In all criminal prosecutions, the accused shall be entitled to
the following rights:

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at the trial
pursuant to the stipulations set forth in his tail, unless his presence is specifically ordered by the court for
purposes of identification. The absence of the accused without justifiable cause at the trial of which he
had notice shall be considered a waiver of his right to be present thereat. When an accused under custody
escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until
custody over him is regained. Upon motion, the accused may be allowed to defend himself in person when
it sufficiently appears to the court that he can properly protect his rights without the assistance of
counsel.

(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part
of its evidence the testimony of a witness who is deceased, out of or cannot with due diligence be found in
the Philippines, unavailable, or otherwise unable to testify, given in another case or proceeding, judicial
or administrative, involving the same parties and subject matter, the adverse party having the
opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

QUALIFYING CICUMSTANCES (MURDER)

Murder Defined
On the other hand, Murder is defined and penalized under Article 248 of the Revised Penal
Code (RPC), as amended, which provides:

“ART. 248. Murder. 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 perpetua, to death
if committed with any of the following attendant circumstances:
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 railroad, 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 calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any 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.
Generally, 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.