Both homicide and murder are considered unlawful taking of a human life – discussed under Crimes Against Persons in the Revised Penal Code. It is crucial to distinguish the difference between the two as it is important in the distinction for legal and criminal procedures, and penalty implications.
Legal Basis
Their legal basis are both found in the Revised Penal Code. Specifically, Article 248 for Murder, and Article 249 for Homicide. Moreover, this is also guided by the provisions of the constitution; which upholds and guarantees the life of each individual.
Definition and Elements
Homicide
As defined by article 249 of the Revised Penal Code, Homicide is the unlawful taking of life without any qualifying circumstances. The provision also includes the different elements under such crime. These are1:
- An individual was killed
- The accused killed the victim
- The crime was done WITHOUT qualifying circumstances
- There was an intention to kill
- It is important to note that qualifying circumstances must not be present, otherwise, it would constitute a heavier crime and that the intention to kill is without specific aggravations.
Murder
Murder, on the other hand, is a heavier crime than Homicide – with an elevated culpability. Article 248 of the Revised Penal Code defines the crime as the unlawful killing with the presence of qualifying circumstances. Its conditions are quite similar to that of Homicide which are2:
- An individual was killed
- The crime was done WITH AT LEAST ONE qualifying circumstances
- There was an intent to kill
- The killing is not parricide or infanticide
There are several justifying circumstances to be considered for murder, and only one is needed to be present. The qualifying circumstances are as follows:
- Treachery – when the offender uses any means of ensuring the crime is carried without risk to himself from the defense which the victim might make
- Evident premeditation – the offender planned and mediated upon the crime before its execution, with sufficient time interval for the intent to solidify.
- Cruelty – there were deliberate and inhumane augments inflicted upon the victim or outrages at their person or corpse
- Done on occasion of calamities – these are natural calamities such as earthquakes, typhoons, and the like
- Killing for a price, reward, or promise – the act was done in exchange for benefits for the offender
- Done by means of fire, explosion, poison, etc.
- Abuse of public authority – taking advantage of superiority and power to commit the crime
- Done during a robbery
- Done in disguise or other means to weaken the defense of the victim
- Uninhabited place or nighttime
In the case of People vs Gilbert Alegre Nazaral, the latter was a former security guard at Century Glass Center, and went to visit his workplace. He got into a heated argument with his former co-worker, Pascua, who was accused by Alegre of being fired from his job. Alegre shot Pascua in the neck the first time, and on the head on the second instance. He was initially charged with murder, but the Supreme Court granted Alegre’s appeal and downgraded the conviction to Homicide. The court ruled that treachery as a qualifying circumstance was not present because the attack was not sudden and unexpected as it occurred after a heated exchange3.
Key Differences
It is important to take note of the difference between the Murder and Homicide as the legalities of the crime would depend on it. The most vital difference would be the presence of the qualifying circumstance. For homicide cases, the absence of qualifying circumstances are needed. Whereas for murder cases, at least one qualifying circumstance is needed for the crime to be qualified as such.
Penalties for each are also different from one another; with the legal consequences for murder being higher than that of homicide as it’s considered more heinous due to the presence of aggravating circumstances. For murder, the penalty is reclusion perpetua –before it was reclusion perpetua to death, when death penalty was still in effect. For homicide, the legal consequence is reclusion – imprisonment for 12-20 years.
Summary
| Aspect | Homicide | Murder |
| Legal Basis | Article 249 | Article 248 |
| Circumstances | Simple killing, no qualifiers | Killing with qualifying circumstances |
| Penalty | Reclusion temporal | Reclusion Perpetua |
| Example | Fight that led to killing | Killing by ambush |
- Revised Penal Code [Act No. 3815], art. 249 (Phil.), “Homicide” (enacted Dec. 8, 1930) ↩︎
- Revised Penal Code [Act No. 3815], art. 248 (Phil.) ↩︎
- People v. Alegre y Nazaral, G.R. No. 254381, Supreme Court of the Philippines (Feb. 14, 2022) ↩︎
