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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Article 248Murder

Act No. 3815 · Revised Penal CodeKey provision

ELI5— what this means for you

Murder is killing another person with any qualifying aggravating factor: treachery, premeditation, in exchange for money, by drowning/fire/poison/explosion, on the occasion of a calamity, or with cruelty. Penalty: reclusion perpetua.

Key point

Murder = homicide + any qualifying circumstance (treachery, premeditation, etc.).

Official text — Act No. 3815

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 temporal in its maximum period 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 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 of the 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.

Source: lawphil.net (Act No. 3815 as amended)

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