1What is parricide under Article 246?
Killing one's father, mother, child, ascendant, descendant, or spouse under the statutory relationship requirements.
2What distinguishes parricide from homicide?
Parricide requires a qualifying relationship between the offender and victim.
3Does killing one's legally recognized spouse ordinarily constitute parricide?
Yes, if the marriage and other elements of parricide are established.
4What is the general classification when a person intentionally kills a stranger without qualifying circumstances?
Homicide under Article 249, if all elements are established.
5What is murder under Article 248?
Unlawful killing of another attended by a qualifying circumstance specified by law, and not constituting parricide or infanticide.
6What is the essential distinction between murder and homicide?
Murder requires at least one legally established qualifying circumstance.
7What is treachery as a qualifying circumstance for murder?
Employing means that directly ensure execution without risk from the victim's defense.
8Does every attack from behind automatically establish treachery?
No. The prosecution must prove the deliberate adoption of means ensuring execution without defensive risk.
9Can evident premeditation qualify an unlawful killing as murder?
Yes, when its legal requisites are proven and properly alleged.
10Can cruelty qualify an unlawful killing as murder?
Yes, when the offender deliberately increases the victim's suffering beyond what is necessary to kill.
11What is infanticide under Article 255?
Killing a child less than three days old.
12What distinguishes infanticide from ordinary homicide?
The victim is less than three days old, subject to the applicable statutory rules.
13What is death caused in a tumultuous affray under Article 251?
A death during a confused fight involving several persons without organized groups, where the killer cannot be identified.
14When may Article 251 apply instead of ordinary homicide?
When its tumultuous-affray conditions are established and the actual killer cannot be ascertained.
15What is physical injuries inflicted in a tumultuous affray under Article 252?
Injuries during a qualifying confused fight where the actual inflictor cannot be identified.
16What is giving assistance to suicide under Article 253?
Assisting another person to commit suicide, with distinct penalties when the assistant personally performs the killing.
17Does a victim's consent automatically legalize another person's intentional killing?
No. Consent does not ordinarily remove criminal liability for intentional killing.
18What is discharge of firearms under Article 254, as amended?
Willfully discharging a firearm at another person without intent to kill, subject to the statute's qualifications.
19What key intent distinguishes attempted homicide from discharge of firearms?
Intent to kill, which must be established for attempted homicide.
20What is intentional abortion under Article 256?
Intentionally causing abortion through the acts and circumstances punished by Article 256.
21What is unintentional abortion under Article 257?
Causing abortion through violence without intending that result, under the article's requirements.
22What is abortion practiced by the woman herself under Article 258?
A woman causes her own abortion or consents to its performance under the circumstances defined by law.
23What is abortion practiced by a physician or midwife under Article 259?
A physician or midwife causes or assists an abortion through the conduct punished by Article 259.
24What is the distinction between intentional and unintentional abortion?
Whether the offender intended to cause the abortion, subject to the elements of the applicable offense.
25What is dueling under Article 260?
Participation in a formal combat arrangement punished by Article 260, including specified consequences of the duel.
26What is challenging to a duel under Article 261?
Challenging another to a duel or engaging in the conduct expressly penalized by Article 261.
27What are serious physical injuries under Article 263?
Injuries producing the grave consequences or qualifying incapacity periods enumerated in Article 263.
28What permanent conditions may constitute serious physical injuries?
Qualifying loss or impairment of senses, limbs, organs, or other permanent consequences specified by Article 263.
29What duration of incapacity can constitute serious physical injuries under Article 263(4)?
Incapacity for labor for more than thirty days, or illness for the same period, under the article.
30What are less serious physical injuries under Article 265?
Injuries causing incapacity for labor or requiring medical attendance for ten days or more, but not meeting Article 263.
31What are slight physical injuries under Article 266?
Injuries with qualifying incapacity or medical attendance of one to nine days, or other acts covered by Article 266.
32Does a visible injury automatically establish serious physical injuries?
No. Classification depends on the consequences and other statutory elements.
33What is the importance of medical evidence in physical-injury cases?
It helps establish the injury, its consequences, duration, and legally relevant classification.
34Can a medical certificate alone conclusively determine the criminal offense?
No. Courts assess the certificate together with other admissible evidence and statutory elements.
35What is the role of intent to kill in classifying an assault?
It helps distinguish attempted or frustrated homicide or murder from physical injuries.
36What evidence may support an inference of intent to kill?
Weapon used, location and severity of wounds, manner of attack, conduct, and surrounding circumstances.
37Can intent to kill be inferred solely from possession of a weapon?
No. It must be established from the evidence and surrounding circumstances.
38What is the significance of a qualifying relationship in parricide?
The relationship is an essential element that must be alleged and proven.
39What is the effect of failure to prove a qualifying murder circumstance?
A conviction for homicide may be proper if its elements are established and procedural requirements are met.
40Must a qualifying circumstance for murder be alleged in the information?
Yes. It must be properly alleged and proven to qualify the killing as murder.
41What is the significance of the victim's age in infanticide?
The victim must be less than three days old at the time of killing.
42Can an unlawful killing of a child older than three days be infanticide under Article 255?
No. Article 255 applies only to a child less than three days old.
43What is the legal distinction between motive and intent to kill?
Motive explains why the offender acted; intent to kill concerns the purpose to cause death.
44Is motive always essential to establish homicide?
No. Motive is generally unnecessary when the offender's identity and guilt are sufficiently proven.
45What is the general criminal-law effect of an intervening cause in a killing?
It may affect causation if it legally breaks the connection between the unlawful act and death.
46Does death occurring after medical treatment automatically eliminate the attacker's liability?
No. Liability may remain when the original injury legally caused the death.
47Can a single killing constitute both homicide and murder as separate convictions?
No. The same killing is classified under the applicable offense based on its proven elements.
48What is the primary legal issue when an assault victim survives a potentially fatal injury?
Whether intent to kill and the acts of execution establish attempted or frustrated killing, or only physical injuries.
49What is the importance of establishing the cause of death in homicide investigations?
It helps prove that the accused's unlawful act caused the victim's death.
50What standard of proof applies to every element of murder or homicide?
Proof beyond reasonable doubt.
51What is the primary distinction between an offense against life and physical injuries?
Offenses against life involve unlawful killing or attempted killing; physical-injury offenses concern unlawful bodily harm.