Crimes Against Persons: Killing and Injuries Explained

Three chapters:

• Destruction of life: parricide, murder and homicide, with related crimes such as death in a tumultuous affray and the discharge of firearms; infanticide and abortion; and duels.
• Physical injuries: mutilation, serious, less serious and slight physical injuries, and administering injurious substances.
• Rape, which this page does not cover.

Article 246 says:

What makes it parricide is the relationship. In People v. Lopez, Jr. (2018), the Supreme Court listed the person killed as, among others, the legitimate spouse of the accused, so killing a live-in partner is not parricide; it may be murder or homicide. See Parricide: what it is and the penalty and parricide.

At least one of the six circumstances in Article 248, in a killing that is not parricide:

1. treachery, taking advantage of superior strength, the aid of armed men, or means to weaken the defense or to insure impunity;
2. a price, reward or promise;
3. inundation, fire, poison, explosion, a motor vehicle or other means involving great waste and ruin, among others;
4. on the occasion of a calamity, such as an earthquake, a destructive cyclone or an epidemic;
5. evident premeditation; and
6. cruelty, by deliberately and inhumanly increasing the victim's suffering, or outraging or scoffing at the person or corpse.

Article 249 covers the rest:

If a murder charge is filed but the qualifying circumstance, such as treachery, is not proven at trial, the killing can be punished as homicide. The two crimes are compared in Homicide vs murder. A death caused by negligence, such as a road accident, is usually charged as reckless imprudence resulting in homicide under Article 365, not as homicide: see Reckless imprudence: penalty.

Republic Act No. 9346 prohibits the death penalty, so courts impose reclusion perpetua instead. Section 3 of that law also says persons sentenced to reclusion perpetua under it are not eligible for parole under the Indeterminate Sentence Law. Attempted and frustrated killings carry lower penalties: see Attempted vs frustrated vs consummated and the duration of penalties table.

For homicide, yes, as a matter of right before conviction by the Regional Trial Court, because it is not punished by death, reclusion perpetua or life imprisonment (Rule 114 of the Rules of Criminal Procedure). For murder and parricide, bail is not a matter of right when the evidence of guilt is strong; the court decides after a hearing in which the prosecution must show that the evidence is strong. See Is murder bailable?

Mostly by how long the victim cannot work or needs medical attendance:

Article 266 also punishes ill-treating another by deed without causing any injury. Articles 265 and 266 were amended by Republic Act No. 10951, which changed their fine amounts; Article 263 was not. The penalties for each kind, and when they go up because of the victim's relationship to the offender, are on Physical injuries: serious, less serious or slight?

Article 254, in the same title, punishes shooting at another with a firearm, unless the facts make out attempted or frustrated parricide, murder or homicide or another crime with a higher penalty. As amended by Republic Act No. 11926, it also punishes wilful and indiscriminate firing, with a higher penalty for members of the military and law enforcement agencies when not on official duty, and the offender's firearm license is cancelled. See Firing a gun on New Year's Eve.

The court in a criminal case also orders the accused to pay damages. In People v. Jugueta (2016), the Supreme Court set standard amounts so that courts award them uniformly:

• Murder punished by reclusion perpetua: ₱75,000 civil indemnity, ₱75,000 moral damages and ₱75,000 exemplary damages; ₱100,000 each when the penalty would have been death but is reduced to reclusion perpetua because of RA 9346.
• Consummated homicide: ₱50,000 civil indemnity and ₱50,000 moral damages, plus ₱50,000 exemplary damages if an aggravating circumstance was proven.
• No receipts for funeral costs: ₱50,000 temperate damages.

See How much are the damages for murder or homicide?

Yes, in self-defense, if all its requisites under Article 11 are proven: unlawful aggression, reasonable necessity of the means used, and lack of sufficient provocation by the person defending himself or herself. The accused who claims self-defense admits the act and must prove the defense. See Self-defense in the Philippines and unlawful aggression.

See also the topic page on criminal liability basics.

Under Article 90 of the Code, crimes punished by reclusion perpetua or reclusion temporal, such as murder, parricide and homicide, prescribe in twenty years. Less serious physical injuries in its basic form, punished by arresto mayor, prescribes in five years. Slight physical injuries is a light felony, and Article 90 says light offenses prescribe in two months. See the prescription of crimes table.

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

Rey attacks a neighbor from behind while the neighbor is asleep, and the neighbor dies. A sudden attack on a victim who cannot defend himself may be treachery, which would make the crime murder. If treachery is not proven at trial, the crime is homicide.

Jun punches a man in a bar fight. The man cannot work for 12 days. On those facts, the crime is less serious physical injuries under Article 265. If the man had been unable to work for 40 days, it would be serious physical injuries under Article 263.

Lina is killed by her live-in partner. Since they were not married, the crime is not parricide. Depending on the circumstances, it may be murder or homicide.

Right away, if you are accused, invited for questioning or arrested for any of these crimes, or if a family member was killed or hurt and you want to file a complaint. A lawyer can check the charge, the evidence, bail and the damages that may be claimed. If you cannot afford a lawyer, see Free legal help in the Philippines.