- Statute
- Revised Penal Code
- Article
- Art. 248
- Topic
- Statutory provision
- Status
- In force, as amended
- Year
- 1930
- Cited by
- A Supreme Court decision
The provision
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, or 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 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.
Intellegal Wiki · In plain terms
Defines murder as unlawfully killing another (outside the parricide rules) when a qualifying circumstance is present, such as treachery, evident premeditation, cruelty, killing for a price or reward, or using fire, poison, explosion, or other calamitous means. Its stated penalty ranges from reclusion perpetua to death.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- People v. Dionisio de Chavez G.R. No. 229722