Article 249 of the Revised Penal Code: Homicide
Status: In force
What does Article 249 say?
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.
What does it mean in plain language?
Article 249 says that a person who kills another, without any of the circumstances that make the killing murder, is guilty of homicide. The penalty is reclusion temporal, which lasts from 12 years and 1 day to 20 years. The article does not apply to parricide, the killing of one's father, mother, child, other ascendant or descendant, or spouse, which Article 246 covers.
Homicide is defined by what is missing. The circumstances that turn a killing into murder are listed in Article 248: treachery and similar means, a price or reward, destructive means such as fire or poison, a public calamity, evident premeditation, and cruelty. If none of them is proven, the intentional killing of another person is homicide.
How does it work in real life?
Jun and Toto: a fight that went too far
Jun and Toto quarrel over a debt in front of a sari-sari store. They exchange punches, and Jun grabs a piece of wood and hits Toto on the head. Toto dies in the hospital. The fight was sudden and face to face, and nothing shows a plan, a reward or another Article 248 circumstance. The likely charge is homicide.
Mila: a death on the road
Mila is driving too fast in the rain and hits a pedestrian, who dies. Mila did not mean to kill anyone. Deaths caused by negligence are usually charged as reckless imprudence resulting in homicide under Article 365, not as homicide under Article 249. See the penalty for reckless imprudence.
Ramon: self-defense raised in court
Ramon is charged with homicide after a man who attacked him with a knife dies in the struggle. Ramon says he acted in self-defense. If the court finds the elements of self-defense under Article 11, he incurs no criminal liability. Read self-defense in the Philippines.
What does this mean in practice?
- Homicide is a crime the State prosecutes. The family of the victim files a complaint with the police or the prosecutor, and the prosecutor decides whether to file the case in court.
- Bail before conviction is generally a matter of right, because the penalty is not reclusion perpetua. See how much is bail.
- Homicide prescribes in twenty years under Article 90.
- The convicted person must also pay the heirs. In People v. Jugueta (2016), the Supreme Court set ₱50,000 civil indemnity and ₱50,000 moral damages for consummated homicide, and ₱50,000 exemplary damages more if an aggravating circumstance was proven. See damages for death in a criminal case.
- A pending case can show up as a "hit" on an NBI clearance application. See the NBI hit status guide.
How long is the penalty for homicide?
The penalty is reclusion temporal. Article 27 gives its length:
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to twenty years.
The Code divides reclusion temporal into three periods (Article 76): the minimum (12 years and 1 day to 14 years and 8 months), the medium (14 years, 8 months and 1 day to 17 years and 4 months) and the maximum (17 years, 4 months and 1 day to 20 years). Under Article 64, which period applies depends on the mitigating and aggravating circumstances the court finds. Other rules also shape the final sentence, so the time a person actually serves cannot be read from Article 249 alone.
What is the difference between homicide and murder?
| Homicide (Article 249) | Murder (Article 248) | |
|---|---|---|
| What makes it | A killing without any Article 248 circumstance | A killing with at least one Article 248 circumstance |
| Penalty | Reclusion temporal: 12 years and 1 day to 20 years | Reclusion perpetua (death is not imposed under RA 9346): 20 years and 1 day to 40 years |
| Bail before conviction | A matter of right as a rule | Not allowed when the evidence of guilt is strong |
| Prescription (Article 90) | Twenty years | Twenty years |
The full comparison is on homicide vs murder.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is the penalty for homicide in the Philippines?
Reclusion temporal. Article 27 says reclusion temporal lasts from 12 years and 1 day to 20 years. The exact sentence depends on the circumstances the court finds and on other rules of the Code.
What makes a killing homicide and not murder?
A killing is homicide when none of the circumstances listed in Article 248 is present, such as treachery, a price or reward, evident premeditation or cruelty. If one of them is proven, the crime is murder.
Is homicide bailable?
Yes, as a rule. Homicide is punished by reclusion temporal, not reclusion perpetua. Under Rule 114 of the Rules of Criminal Procedure, bail before conviction is a matter of right for offenses not punishable by death, reclusion perpetua or life imprisonment.
How much must the accused pay the family in a homicide case?
In People v. Jugueta (2016), the Supreme Court set ₱50,000 as civil indemnity and ₱50,000 as moral damages for consummated homicide, plus ₱50,000 exemplary damages if an aggravating circumstance was proven.
Is an accidental death on the road homicide?
Usually it is charged as reckless imprudence resulting in homicide under Article 365, not as homicide under Article 249. Article 249 covers intentional killings; Article 365 covers deaths caused by negligence.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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