How Much Are the Damages for Murder or Homicide? (People v. Jugueta)

Every person criminally liable for a felony is also civilly liable (Article 100 of the Revised Penal Code, as cited in Jugueta). So when a court convicts someone of killing another, it does two things: it imposes the penalty (prison), and it orders payment of money to the victim's heirs.

Jugueta explained each kind:

• Civil indemnity: a sum the offender pays as restitution for the crime itself. Jugueta called it "a kind of monetary restitution or compensation" to the victim. The Civil Code (Article 2206) sets only a minimum, so the Court can raise it.
• Moral damages: compensation for the heirs' mental anguish and suffering. No proof of money loss is needed. See moral damages.
• Exemplary damages: imposed by way of example or correction for the public good, for example when an aggravating circumstance is present.
• Temperate damages: for a real money loss whose exact amount cannot be proved, such as funeral costs without receipts (Civil Code, Article 2224).

Article 2206 of the Civil Code also provides for indemnity for the loss of the earning capacity of the deceased, paid to the heirs, which the court assesses separately. We do not cover how it is computed.

Murder is punished by reclusion perpetua to death under Article 248, as amended by Republic Act No. 7659. Republic Act No. 9346 (2006) prohibits the death penalty, so courts impose reclusion perpetua instead. For consummated murder, parricide and other crimes involving the death of a victim where the penalty consists of indivisible penalties, Jugueta set these amounts:

These are amounts for each victim who died. In Jugueta itself, two children were shot dead inside their family's home at night. The murders were attended by treachery, and the Court also counted dwelling as an ordinary aggravating circumstance. That would have meant death, so the case fell in the ₱100,000 tier: the heirs of each child received ₱100,000 civil indemnity, ₱100,000 moral damages, ₱100,000 exemplary damages and ₱50,000 temperate damages.

Homicide is punished by reclusion temporal, a divisible penalty. Jugueta put it in a group with other crimes that result in death and carry divisible penalties, including reckless imprudence resulting in homicide:

For the difference between the two crimes, see Homicide vs murder. For deaths caused by negligence, such as road crashes, see Reckless imprudence: penalty.

When the heirs present no evidence of burial and funeral expenses, Jugueta says courts should award temperate damages. The Court increased the amount to ₱50,000. It explained that the heirs surely suffered a money loss even though the exact amount was not proved.

In Jugueta, yes. The Court imposed interest of 6% per year on the civil indemnity, moral, exemplary and temperate damages, from the finality of the decision until fully paid. Finality means the decision can no longer be appealed.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carlo is convicted of murdering Dodong with treachery, with no other aggravating circumstance, and is sentenced to reclusion perpetua. Following the ₱75,000 tier, Dodong's heirs would receive ₱75,000 civil indemnity, ₱75,000 moral damages and ₱75,000 exemplary damages. If they presented no evidence of burial and funeral expenses, ₱50,000 temperate damages may be added. In Jugueta, the Court also added 6% yearly interest from finality.

Ben is convicted of homicide for killing Rico in a fight, with no aggravating circumstance proven. Rico's heirs would receive ₱50,000 civil indemnity and ₱50,000 moral damages, with no exemplary damages.

Jugueta also set amounts for frustrated and attempted crimes, rape, robbery with homicide, complex crimes and rebellion. We have not transcribed those tiers, so we do not list them. Later rulings, which this page does not cover, may also affect how Jugueta applies. A lawyer can check the amounts that fit a given case. For a full summary of the ruling, see People v. Jugueta.

A lawyer can help the heirs of a victim understand which tier applies and what proof of expenses, lost income and other claims they may present. The accused also needs a lawyer to deal with both the penalty and the damages. Talk to a lawyer as early as possible. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.