I.

CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON IS KILLED OR DIES.
FELONY
1. PARRICIDE (Art. 246, RPC)
QUALIFYING CIRCUMSTANCES/
MANNER OF KILLING OR CAUSING OFFENDED PARTY INTENT NATURE
DEATH
Except for relationship which is Father, mother, or child (legitimate or Æ With intent to kill, in any of
inherent, qualifying circumstances in illegitimate) or any of his legitimate its stages; OR
Crimes Against Persons
Murder or under Art. 14 are treated ascendants, or descendants, or his
as generic aggravating circumstances. spouse. Æ Without intent, in case
where accused is commiGing an
intentional felony which resulted to
the death of any of the victims in
Parricide. (see Arts. 4 [1] and/or 49,
RPC)
 1.With treachery, taking advantage of
2. MURDER (Art. 248, RPC) superior strength, with the aid of
Any person, except victims in Parricide With intent to kill in any of its stages. Crimes Against Persons
armed men, or employing means to
and children below three (3) days old
weaken the defense or of means or
(Infanticide).
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
as s ault upon a st reet 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
calamit ies enumerated in t he
preceding paragraph, or of an
earthquake, eruption of a volcano,
destructive cyclone, epidemic or
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.
QUALIFYING CIRCUMSTANCES/
FELONY MANNER OF KILLING OR CAUSING OFFENDED PARTY INTENT NATURE
DEATH
 Must not be aGended by any of the Æ With intent to kill, in any of
Any person, except victims in Parricide
qualifying circumstances in Murder. its stages; OR
3. HOMICIDE (Art. 249, RPC) and children below three (3) days
old (Infanticide). Æ Without intent, in case
where accused is commiGing an Crimes Against Persons
intentional felony which resulted to
the death of any person other than
those victims in Parricide or
Infanticide. (see Arts. 4 [1] and/or
49, RPC)
A person is killed in the course of a
tumultuous affray, and it cannot be Any person killed in a Intent to kill is not essential. Intent to
4. DEATH CAUSED IN A TUMULT- ascertained who actually killed the tumultuous affray cause physical injuries or use violence
UOUS AFFRAY (Art. 251, RPC) is enough. Crimes Against Persons
victim. The person who may be
identified to have inflicted serious
physical injuries or used violence upon
the deceased is liable for DCTA.

Assisting another to commit suicide,

5. GIVING ASSISTANCE TO SUICIDE Any person. With intent to kill or cause death. Crimes Against Persons
or doing the killing of one who
(Art. 253, RPC) wants to commit suicide.

Æ With intent to kill, in any of

6. INFANTICIDE (Art. 255, RPC)
Qualifying circumstances in Murder or Any child below three (3) days old.
its stages; OR
under Art. 14 are treated as generic Crimes Against Persons
aggravating circumstances. Æ Without intent, in case
where accused is commiGing an
intent-ional felony which resulted to
the death of the child. (see Arts. 4
[1] and/or 49, RPC)

7. DUEL (Art. 260, RPC) A person is killed or dies in a duel. Any person. With or without intent to kill Crimes Against Persons
QUALIFYING CIRCUMSTANCES/
FELONY MANNER OF KILLING OR CAUSING OFFENDED PARTY INTENT NATURE
DEATH

8. (Attempted or Consummated) By reason or on the occasion of the Wo m a n ( ra p e t h r o u g h s e x u a l With or without intent to kill Crimes Against Persons/ Special
RAPE WITH HOMICIDE (Art. 266- rape, the victim dies or is killed. intercourse), or any person in case of Complex Crime
B, RPC) rape through sexual assault.
9. KIDNAPPING WITH HOMICIDE As a consequence of the Any private individual. With or without intent to kill Crimes Against Personal Liberty/
(Art. 267, RPC) detention, the victim dies or is killed. Special Complex Crime

10. ABANDONING A MINOR (Art. The death of the victim results from A child under seven years of age, the Intent to kill or to cause death, not Crimes Against Personal Liberty
276, RPC) abandonment. custody of which is incumbent essential.
upon the offender.
By reason or on the occasion of the
robbery, any person dies or is killed. Any person, whether or not a victim With or without intent to kill Crimes Against Property/ Special
11. ROBBERY WITH HOMICIDE Qualifying circumstances in Murder of robbery. Complex Crime
(Art. may be appreciated as generic
294 [1], RPC) aggravating circumstances, while
relat io ns hip a s an alternat ive
circumstance (Art. 15) is mitigating.
By reason or on the occasion of the
Any person, whether or not a victim With or without intent to kill Crimes Against Property/ Special
robbery in its aGempted stage,
12. ATTEMPTED ROBBERY WITH of aGempted robbery. Complex Crime
the any person dies or is killed.
HOMICIDE (Art. 297, RPC) Qualifying circumstances in Murder
may be appreciated as generic
aggravating circumstances, while
relationship as an alternative
circumstance (Art. 15) is mitigating.

13. REBELLION (Art. 134, RPC)
COUP D’ETAT (Art. 134-A, RPC)
Person/s is/are killed as a necessary Any person. With or without intent to kill. Crimes Against Public Order
means, in furtherance or on the
occasion of the commission of
Rebellion or Coup d’etat, wherein
the killings are deemed absorbed
therein.

Without public uprising, by killing a Person in authority or his agent With or without intent to kill. Complex crime
14. DIRECT ASSAULT (Art. 148, person in authority or his agent, while
RPC) WITH HOMICIDE/MURDER t h e v ict im is e n ga g e d in t h e
performance of official duties, or
on the occasion of such performance,
i . e . , b y r e a s o n o f t h e p a s t
performance thereof.
 A person is killed or his death O w n e r o f t h e re a l p ro p e rt y With or without intent to kill. Crimes Against Property
1 5 . O C C U PAT I O N O F R E A L is caused by any person who, by occupied or of the real rights in
PROPERTY OR USURPATION OF mea ns of v io lence agai nst or property usurped by the offender.
REAL RIGHTS IN PROPERTY (Art. intimidation of persons, while taking
312, RPC) possession of any real property or
usurping any real rights in property
belonging to another.