Practice question
An accused unlawfully kills an unrelated adult. Treachery is adequately alleged and proved, and no circumstance makes the offense parricide or another specially defined killing. Which offense does the qualifying circumstance support?
- Homicide only, because treachery never affects classification.
- Murder.
- Infanticide.
- Simple physical injuries because the victim is an adult.
- No offense because the parties are unrelated.
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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