BERNALDO, Aaron Silas C.

1L – H
2019-46264 Law 110 – Criminal Law 2
Assessment #1: Death
A. Murder – according to Art. 248 of the Revised Penal Code (RPC) the elements of
murder are that it must not be parricide or infanticide, and that it must have any of the
following qualifying circumstances:
(a) Treachery / Abuse of superior strength / Aid of armed men / Employing means to
weaken defense / Or afford impunity;
(b) In consideration of a prize, 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 the occasion of calamities (e.g., earthquake, volcanic eruption, cyclone,
epidemic, etc.);
(e) Evident premeditation; or
(f) Cruelty / Outraging or scoffing at the corpse.

B. Parricide – based on Art. 246 of the RPC, the elements of parricide are that (a) a
person must have been killed, (b) by the accused, and (c) the deceased is the father,
mother, child, legitimate ascendant or descendant, or spouse of the accused.

C. Robbery with homicide – based on Art. 294 of the RPC, the elements of robbery
are that (a) there be personal property belonging to another (b) and there is unlawful
taking of such (c) with intent to gain and (d) means of violence, intimidation or force of
any person or upon anything. The complex crime of robbery with homicide is punishable
by death.

The commonality among these three offenses is that there is a killing involved and they
are punishable by death.
The differences are that (a) murder requires certain qualifying circumstances that are
more malicious compared to homicide, and wherein the victim is not one of those under
parricide, (b) parricide specifically involves the killing of persons whom the accused has
close or intimate relations with, and (c) robbery with homicide is a complex crime
resulting from the incidental killing of the victim following the taking of the latter’s
property by intimidation or force. Murder and robbery with homicide are general in
scope when it comes to victims, while parricide is specific.