Homicide vs Murder in the Philippines
Quick answer
Homicide and murder are both the killing of another person. The difference is the way it was done. A killing is murder when at least one circumstance listed in Article 248 of the Revised Penal Code is proven, such as treachery, a price or reward, poison or fire, evident premeditation or cruelty. Without any of them it is homicide, punished by 12 years and 1 day to 20 years, while murder carries reclusion perpetua, 20 years and 1 day to 40 years.
| Aspect | Homicide | Murder | Legal basis |
|---|---|---|---|
| What the crime is | Killing another person without any of the circumstances listed for murder (Article 249). | Killing another person with at least one of the circumstances listed in Article 248. | Article 248, Revised Penal Code, Article 249, Revised Penal Code |
| What makes the difference | None of the Article 248 circumstances is proven. | One circumstance is enough: treachery, abuse of superior strength, aid of armed men, means to weaken the defense or ensure impunity; a price, reward or promise; fire, poison, explosion, motor vehicle or similar means; during a calamity; evident premeditation; or cruelty to the victim or outraging the corpse. | Article 248, Revised Penal Code |
| Penalty | Reclusion temporal: 12 years and 1 day to 20 years. | Reclusion perpetua: 20 years and 1 day to 40 years. The law still says "to death", but Republic Act No. 9346 prohibits the death penalty and puts reclusion perpetua in its place. | Article 248, Revised Penal Code, Article 249, Revised Penal Code |
| Parole | Not covered on this page. Parole is governed by the Indeterminate Sentence Law, which is not explained here. | Republic Act No. 9346, Section 3: people convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to it by that law, are not eligible for parole under the Indeterminate Sentence Law. | |
| Bail before conviction | A matter of right before conviction by the Regional Trial Court (Rule 114, Section 4). | Not allowed when the evidence of guilt is strong (Rule 114, Section 7). At the bail hearing the prosecution must show that the evidence is strong (Section 8). | |
| Deadline to file (prescription) | 20 years, because the penalty is reclusion temporal. | 20 years, because the penalty is reclusion perpetua. | Article 90, Revised Penal Code |
| Damages to the victim's heirs, consummated crime (People v. Jugueta) | ₱50,000 civil indemnity and ₱50,000 moral damages; ₱50,000 exemplary damages only if an aggravating circumstance was proven. | ₱75,000 civil indemnity, ₱75,000 moral damages and ₱75,000 exemplary damages. Each becomes ₱100,000 when the penalty would have been death but is reduced to reclusion perpetua because of Republic Act No. 9346. | |
| Probation | Generally not available: reclusion temporal starts at 12 years and 1 day, above the six-year limit of the Probation Law. The penalty actually imposed depends on the stage of the crime and the circumstances proven, so ask a lawyer. | Not available: reclusion perpetua is far above the six-year limit of the Probation Law. |
What turns a killing into murder?
Article 249 defines homicide by what is missing:
Any person who, not falling within the provisions of article 246 shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
The "next preceding article" is Article 248, on murder. It lists the qualifying circumstances: treachery and similar ways of attacking, a price or promise, destructive means like fire or poison, a calamity, evident premeditation, and cruelty. In People v. Jugueta (2016), the Supreme Court repeated that "the presence of any one of the circumstances enumerated in Article 248 of the Code is sufficient to qualify a killing as murder."
The circumstance must be proven at trial, like the killing itself. If the prosecution proves the killing but not the circumstance, the killing is homicide, not murder.
What is treachery?
Treachery is the circumstance most often alleged in murder cases. Article 14 of the Revised Penal Code defines it:
There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.
In simple words: the attacker chooses a way of killing that gives the victim no real chance to defend himself or herself. Jugueta described its essence as a sudden and unexpected attack on an unsuspecting victim who did nothing to provoke it.
Why is the penalty so different?
Homicide is punished by reclusion temporal, 12 years and 1 day to 20 years. Murder is punished by reclusion perpetua, 20 years and 1 day to 40 years. Both ranges come from Article 27, as amended by Republic Act No. 7659.
Article 248 still reads "reclusion perpetua, to death". The death penalty no longer applies: Republic Act No. 9346 prohibits it and replaces it with reclusion perpetua. The same law says people whose sentences are reduced to reclusion perpetua by reason of it are not eligible for parole under the Indeterminate Sentence Law.
The penalty also decides bail. For homicide, bail is a right before conviction by the Regional Trial Court. For murder, bail is denied when the evidence of guilt is strong, and the court decides that at a bail hearing. See Is murder bailable? and How much is bail?
How much must the offender pay the victim's family?
On top of prison, the court orders the offender to pay the heirs. In Jugueta, the Supreme Court set uniform amounts. For a consummated murder punished by reclusion perpetua, it is ₱75,000 each for civil indemnity, moral damages and exemplary damages, or ₱100,000 each when the penalty would have been death. For a consummated homicide, it is ₱50,000 civil indemnity and ₱50,000 moral damages, plus ₱50,000 exemplary damages if an aggravating circumstance was proven at trial. Lower amounts apply when the crime was only frustrated or attempted. The full list, including temperate damages and interest, is in Damages for death in a criminal case.
Can probation apply?
Generally not. The Probation Law, as amended by Republic Act No. 10707, does not allow probation for anyone sentenced to a maximum term of more than six years. Murder is far above that. Homicide also starts above it, at 12 years and 1 day. The sentence actually imposed can be lower when the crime was only attempted or frustrated: in Colinares v. People (2011), a conviction for frustrated homicide was lowered to attempted homicide, and the accused could then apply for probation. See Who can apply for probation?
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Ben and Rico. During a drinking session, Ben and Rico argue. Rico grabs a bottle and Ben punches him. Rico falls, hits his head and dies. No Article 248 circumstance is alleged, so the charge would be homicide, or a lesser crime, not murder. If Ben claims he was defending himself, see Self-defense in the Philippines.
Carlo and Dodong. Carlo hides behind a wall at night and stabs Dodong from behind without any warning. Dodong had no chance to defend himself. That is the classic picture of treachery, so the charge would be murder.
Dante, the hired killer. Dante is paid to kill a man he does not know. Under Article 248, a killing "in consideration of a price, reward or promise" is murder, so Dante would face a murder charge. The liability of the person who paid him is not covered here.
When do you need a lawyer?
A murder or homicide charge is one of the most serious cases a person can face. Whether a circumstance like treachery is proven, whether bail can be granted and what defenses exist all depend on the evidence. The accused, and the victim's family, should get a lawyer early. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
- People v. Jugueta (G.R. No. 202124)People v. Jugueta explained: the 2016 ruling that set standard civil indemnity, moral, exemplary and temperate damages for murder and homicide cases.
- Colinares v. People (G.R. No. 182748)Colinares v. People explained: an accused who appealed may still apply for probation when the appeal court lowers the penalty to one that allows it.
Frequently asked questions
What is the main difference between homicide and murder?
Both are the killing of another person. It is murder if at least one circumstance listed in Article 248 of the Revised Penal Code is proven, such as treachery, a price or reward, poison or fire, evident premeditation or cruelty. Without any of them, it is homicide under Article 249.
How many years is the penalty for homicide in the Philippines?
Homicide is punished by reclusion temporal, which runs from 12 years and 1 day to 20 years. The exact sentence in a case depends on the circumstances the court finds proven.
Is there still a death penalty for murder?
No. Article 248 still says "reclusion perpetua, to death", but Republic Act No. 9346 prohibits the death penalty. Courts impose reclusion perpetua instead, which runs from 20 years and 1 day to 40 years.
Can a murder charge be lowered to homicide?
It can happen if the qualifying circumstance, such as treachery, is not proven at trial. Then the killing is punished as homicide. Whether that happens depends on the evidence in each case.
Is homicide bailable?
Yes. Before conviction by the Regional Trial Court, bail is a matter of right for an offense not punished by death, reclusion perpetua or life imprisonment (Rule 114, Section 4). Homicide is punished by reclusion temporal, so bail is a right.
How long does the family have to file a murder or homicide case?
Twenty years for both. Article 90 of the Revised Penal Code says crimes punished by reclusion perpetua or reclusion temporal prescribe in twenty years.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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