Murder[edit]Article 248 of the Revised Penal Code defines murder as killing someone other than a family member[1] with any of the following six circumstances:
With treachery [see below], 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;
In consideration of a price, reward, or promise;
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;
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;
With evident premeditation;
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corps.[2]
Murder is punishable by reclusión perpetua (20 to 40 years' incarceration).[2] Without any of these six aggravating circumstances, a killing is instead homicide punishable by reclusión temporal.[2] A murder is committed “with treachery” by
employing means, methods, or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape. For treachery to be considered, two elements must concur: (1) the employment of means of execution that gives the persons attacked no opportunity to defend themselves or retaliate; and (2) the means of execution were deliberately or consciously adopted.[3]