2022 Criminal Law, Q2

Moe, Curly, and Larry were drinking and singing inside a karaoke bar when suddenly, Buboy entered the bar and without warning, immediately shot all three of them using a caliber .45 pistol. Thereafter, Buboy ran out of the bar to escape. Moe, Curly, and Larry died instantly due to gunshot wounds in their heads and bodies. With the help of eyewitnesses, Buboy was arrested. After inquest, the prosecutor charged Buboy with three counts of Homicide. Do you agree with the charge of Homicide against Buboy? Explain briefly. (5 points)

Quick check

Why should Buboy be charged with Murder rather than Homicide for shooting Moe, Curly, and Larry?

What is the legal definition of treachery under Article 248 of the Revised Penal Code?

How many counts of Murder should Buboy be charged with for killing Moe, Curly, and Larry?

What is the essential element required to establish treachery in crimes against persons?

Under Article 248 of the Revised Penal Code, what effect does treachery have on a killing?

Learn more about these topics

1. Treachery in Killing
Under Article 248 of the Revised Penal Code, treachery is a qualifying circumstance that elevates a killing from homicide to murder. Treachery exists when the offender employs means, methods, or forms in the execution of a crime against persons which tend directly and specially to ensure its execution without risk to himself arising from the defense which the victim might make. A sudden, unexpected attack launched without warning against unsuspecting victims drinking in a venue constitutes classic treachery under Philippine criminal law.

2. Qualifying Circumstances
Qualifying circumstances are specific legal factors enumerated in Article 248 of the Revised Penal Code that alter the legal classification of a crime from homicide to murder. When treachery is alleged and proven in court, the prosecutor must charge murder rather than simple homicide. The presence of a qualifying circumstance increases the severity of the offense and attaches a higher penalty, as the offender deliberately adopted treacherous means to ensure the death of the victims without retaliation.

3. Multiple Crimes Persons
When an offender executes distinct and separate acts resulting in the death of several individuals, each killing constitutes a separate and independent crime of murder. Firing multiple shots at different victims inside an establishment gives rise to as many counts of murder as there are deceased victims, provided each killing was attended by treachery. The prosecution must charge the perpetrator with separate counts rather than aggregating the offenses into a single compound crime.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026