The Main Difference Between Murder and Homicide in the Philippines

Query: What is the main difference between murder and homicide under the Revised Penal Code of the Philippines?

In the Revised Penal Code of the Philippines, both murder and homicide involve the unlawful killing of another person. However, the two crimes differ based on certain qualifying circumstances that determine the severity of the offense.

1. Homicide:

Homicide, defined under Article 249 of the Revised Penal Code, involves the unlawful killing of a person without any qualifying circumstances that would elevate the crime to murder【7†source】. In other words, homicide is considered a lesser offense than murder because it lacks aggravating factors like premeditation or cruelty. The penalty for homicide is reclusion temporal, which carries a prison term ranging from 12 years and 1 day to 20 years.

2. Murder:

Murder, defined under Article 248 of the Revised Penal Code, involves the unlawful killing of a person but with qualifying circumstances that elevate the crime to a more serious level【6†source】. These qualifying circumstances include:

1. Treachery,
2. Evident premeditation,
3. Cruelty,
4. By means of inundation, fire, poison, explosion, shipwreck, stranding, derailment or assault upon a railroad, with the use of a motor vehicle, or with the use of any other means involving great waste and ruin,
5. On occasion of any of the calamities enumerated in Article 14, paragraph 7 of the Revised Penal Code,
6. By a person who abuses his authority or takes advantage of his public position, or
7. With the cooperation of armed men or persons who ensure or afford impunity.

The penalty for murder is reclusion perpetua, which carries a prison term ranging from 20 years to 40 years.

3. Key Differences:

The key difference between murder and homicide lies in the presence of the above-mentioned qualifying circumstances. If the unlawful killing of a person involves any of these circumstances, it is classified as murder; otherwise, it is considered homicide【8†source】.

4. Conclusion:

Understanding the differences between murder and homicide is crucial for students of criminology and anyone interested in criminal law in the Philippines. The presence or absence of qualifying circumstances determines whether an unlawful killing is treated as murder or homicide, significantly affecting the severity of the penalties imposed.