Upgrading Homicide to Murder
Legal Distinctions: Homicide vs Murder
In Philippine jurisprudence, the distinction between homicide and murder lies in the presence or absence of qualifying circumstances. For an act to be considered murder, certain elements must exist, such as evident premeditation, treachery, or cruelty. On the other hand, homicide lacks these qualifying circumstances and is generally considered a lesser offense.
Mechanisms for Upgrading Charges
While a case initially filed as homicide can indeed be upgraded to murder, the change relies on the emergence of new evidence revealing qualifying circumstances. This evidence could be presented during preliminary investigations or even at trial. Such an upgrade would typically require the filing of an amended complaint or information, which is subject to approval by the court.
Procedure After Forwarding to Prosecutor
Once a case is forwarded to the prosecutor, preliminary investigations commence. The prosecutor will assess the evidence and determine whether probable cause exists to charge the accused in court. If the case advances, an Information will be filed in the appropriate court.
Bail: Determining Amount and Timing
In the Philippines, the question of bail is determined based on the nature of the offense and the evidence of guilt. For non-bailable offenses like murder, the accused will not be granted bail if evidence of guilt is strong. However, the court may still exercise discretion in setting bail under certain circumstances.
In cases of bailable offenses, like homicide, the amount of bail is often prescribed by law or court regulations. Once bail has been paid, the accused can be released from custody under specific conditions.
Conclusion
Understanding the nuances between homicide and murder is crucial for both the prosecution and defense. Knowing the procedural steps after a case is forwarded to the prosecutor can give parties an idea of what to expect in the judicial process. The issue of bail, both its amount and timing, is also an essential aspect that parties need to understand as it directly impacts the liberty of the accused.