MURDER

Presented by:
ALEJANDRO, LEONIECE
JAMILLA, MARIA CLAUDETTE
MURDER
-is the unlawful
killing of any person which
is not parricide or
infanticide provided that
any of the qualifying
circumstances is present.
• Mens rea (evil mind): evil intent, the more
evil the mind, the more intent.

• Actus reus (wrongful act): the act was

purposeful

• Concurrence: intent and act must be

simultaneous

• Causation: act and intent must work

together to be the cause

• Harm: act and intent must be the cause of

actual harm
 Any person who, not falling
within the provisions of Art 246
(Parricide), shall kill another,
shall be guilty of murder and
shall be punished by Reclusion
temporal in its maximum period to
death, if committed with any of
the following attendant
circumstances: Art 248 RPC
QUALIFYING CIRCUMSTANCES
1. With treachery, taking
advantage of superior
strength, with the aid of
armed, or employing means
to weaken he defense, or
of means or persons to
insure or afford impunity;

2. In consideration of
price, reward, or promise;
3. By means of
inundation, fire,
poison, explosion,
shipwreck, stranding of
a vessel, derailment of
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;
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,
outraging or scoffing at
his person or corpse.
ELEMENTS of MURDER

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 PRC.

4. That the killing is not parricide or infanticide.

RULES FOR THE APPLICATION OF THE
CIRCUMSTANCE WHICH QUALIFY THE
CRIME OF MURDER

1. The murder will exist with only one of the

circumstances described in Art 248

2. That when the other circumstances are

absorbed, or include in one qualifying
circumstances, they cannot be considered
generic aggravating.
3. That any of the qualifying circumstances
enumerated in Art 248 must be alleged in
the information.
DEGREES OF MURDER

FIRST-DEGREE SECOND-DEGREE THIRD- DEGREE

MURDER MURDER MURDER
-is when someone -is when someone -it is typically
kills with kills someone characterized by a
intention and intentionally, reckless disregard
premeditation. without for human life,
premeditation,but without the intent
with an action that to kill or cause
is intentionally serious harm.
and very likely
fatal.
CAPITAL MURDER FELONY ATTEMPTED
-is a form MURDER MURDER
of first- -is a first- -is when
degree murder or second- someone tries to
that’s degree murder kill another in a
especially that happens way that would
egregious. while the have resulted in
offender is murder
committing
another
felony.
THANK YOU
FOR LISTENING