Carlo H.

Barcena
2014400106
Legal Research
Case # 13 : Leader of the Pact
Legal Opinion
Question: Alex and Brett were unhappy youths. They made a suicide pact. To
carry out the pact, Alex drove his car over a cliff, with Brett as his passenger.
Brett died. Alex recovered. Alex is charged with murder. Is Alex Guilty?
No. Alex is not guilty with the crime of murder, under Article 2481 of
the Revised Penal Code of the Philippines the elements of murder2 are as
follows:
1.
2.
3.
4.

That
That
That
That

a person was killed

the accused killed him
the killing is not parricide or infanticide
the killing was attended by any of the following attendant

circumstances:
a) 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.
b) In consideration of a price, reward, or promise.
c) By means of inundation, fire, poison, explosion,

shipwreck,

stranding of a vessel, derailment or assault upon a street 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.
d)
e) 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.
f) With evident premeditation.

g) With cruelty, by deliberately and inhumanly augmenting the

suffering of the victim, or outraging or scoffing at his person or
corpse.
Absent the aforementioned attendant circumstances, Alex offense does
not fall under the crime of murder. However, the circumstances of the
offense committed by Alex fall under the elements of Homicide3 which
provides the following elements4 :
1.
2.
3.
4.

That
That
That
That

a person was killed

the accused killed him without any justifying circumstances
the accused had the intention to kill, which is presumed
the killing was not attended by any of the qualifying circumstances

of murder of by that of parricide or infanticide

Further more, not only did the act committed falls under the crime of
homicide, Article 2535 of the same code provided the acts punishable for
giving assistance to suicide. Article 253 provides that assisting another to
commit suicide, consummated or not. Or the act of lending assistance to
another to commit suicide to the extent of doing the killing himself are the
punishable acts under Article 253 of the Revised Penal Code6 .
In the case at bar, Alex and Brett entered into a suicide pact and then
after tried to commit suicide together. Unfortunately for Alex, he survived
and under Article 253 he is now a person who assisted another to commit
suicide, since his act is deemed to be an act of lending assistance to another
to commit suicide to the extent of doing the killing himself, with him being
the driver of the fallen vehicle as well as the suicide pact entered into by
them. Note that a suicide pact, which is an agreed plan between two or more

individuals to commit suicide. The plan may be to die together, or separately

and closely timed.7
Hence, in the case at bar, Alex is guilty, but not with the crime of
murder but with the crime of homicide for violation Article 253, of the
Revised Penal Code of the offense of giving assistance to the suicide of Brett.

Sources:
(1) Revised Penal Code, Article 248 - Murder
[http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426, Primary]
(2) Philippine Law Reviewers; Blog Archives; Criminal Law Book 2 Title Eight : C.
Elements of Murder [https://lawphilreviewer.wordpress.com/tag/criminal-lawbook-2-title-eight/, Secondary]
(3) Revised Penal Code, Article 248 Homicide
[http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426, Primary]
(4) Philippine Law Reviewers; Blog Archives; Criminal Law Book 2 Title
Eight : D. Elements of Homicide
[https://lawphilreviewer.wordpress.com/tag/criminal-law-book-2-title-eight/,
Secondary]
(5) Revised Penal Code, Article 253 Giving Assistance to Suicide
[http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426, Primary]
(6) Philippine Law Reviewers; Blog Archives; Criminal Law Book 2 Title
Eight : H. Giving Assistance to Suicide
[https://lawphilreviewer.wordpress.com/tag/criminal-law-book-2-title-eight/,
Secondary]
(7) SUICIDE PACT; definition [http://en.wikipedia.org/wiki/Suicide_pact]