Is asking someone to kill another person a crime?

Yes, it is a crime when the actual killing is implemented but not a crime when it is merely an instruction unless it constitutes grave threats. But whether ordering another person to kill the president, the first lady, and the House speaker constitutes betrayal of public trust and an impeachable offense is still subject to further discourses and deliberations.

The degree of criminal liability depends on whether or not the actual killing was done. If the killing was actually implemented, then the one who gave the order to kill is guilty of being the principal by inducement, and the one who actually perpetrated the murder is the principal by direct participation. The principal by inducement is equally guilty as the assailant who actually pulled the trigger.

Under Article 248 of the Revised Penal Code, the penalty for murder is reclusion perpetua to death. However, in view of the enactment of Republic Act 9346, the imposition of the death penalty has been prohibited in the Philippines. Reclusion Perpetua means imprisonment ranging from a minimum of 20 years and a maximum of 40 years.

Life sentence can be longer than reclusion perpetua because it is to be in prison until death. Reclusion perpetua are for felonies under the Revised Penal Code and life sentences are punished by special laws like syndicated illegal recruitment and trafficking in person. Some accused can be imposed double life imprisonment, in cases, for instance when the accused is convicted of two capital crimes like syndicated illegal recruitment and also of trafficking in person.

Killing another becomes a crime of murder if any of the following qualifying circumstances is proven by evidence beyond reasonable doubt: first, treachery or employing means to execute the crime without risk to the offender; second, premeditation or evident planning and deliberate preparation to assure the commission of the crime; third, price or reward in consideration for the execution of the planned killing; fourth, cruelty and inhuman manner of killing causing undue sufferings to the victim; and fifth, abuse of superior strength.

Going back to asking someone to kill another person, if the order to kill is not implemented because the person ordered to kill refused to comply with the order, then no crime is committed because there is no overt act constituting an attempted felony. Under Article 8 of the Revised Penal Code, a plan or proposal to commit a felony is not punishable as a crime. No penalty can be imposed if no crime is committed.

Only a proposal to commit treason or rebellion is punishable as a felony. Inciting to sedition is in fact Article 142 of the Revised Penal Code penalizes any person who incites others to commit sedition or stir up public unrest against the government or lawful authorities. There is no crime when there is only an inducement to commit murder, if the same remains unfulfilled.

That is why, I submit that this article of impeachment is much weaker compared to the alleged Statement of Assets, Liabilities, and Net worth violations and the alleged bribery. Since there is apparently no 16 votes most likely to convict, this article will shame the vice president. She will be wounded and scarred and her candidacy in 2028 may face a grave and imminent danger of going to naught.