Practice question
An accused intentionally and unlawfully kills an unrelated adult, with no justification and no Article 248 qualifying circumstance. No other special killing provision applies. What is the appropriate basic classification?
- Parricide, solely because someone died.
- Murder in every intentional killing.
- Homicide under Article 249.
- Infanticide.
- No crime unless a weapon was used.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 246, 249 and 255.
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Articles 248 and 255.
- RA 11648, Section 1, amended Article 266-A and close-in-age exception: https://lawphil.net/statutes/repacts/ra2022/ra_11648_2022.html
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
- Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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