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Murder Versus Homicide: How Can You Tell The Difference

One of the most controversial cases that is currently undergoing further investigation
is the case of two arrested suspects for illegal drug possession who were killed by
Pasay City cops. The suspects for the possession of illegal drugs were Renato
Bertes and Jaypee Bertes, residents of Ignacio Street in Pasay City. According to the
investigation, only one handcuff was used for restraining two drug suspects. Things
went out of hand upon their return to the detention cell. When PO2 Alipio Balo was
removing the handcuff, Renato attempted to grab the gun. Balo was able to take
control of the gun and shot Renato while PO1 Michael Tomas shot Jaypee.

Murder charges were filed against two policemen involved in the killing of the drug
suspects. Although the investigation held on August 22, covered other cases of extra
judicial killing, the case of the two policemen were the first to undergo scrutiny.
Senior Supt. Nolasco Bathan was in the hot seat as Senator Leila de Lima, chair of
justice and human rights committee asked for the basis of filing the murder case.
Bathan was not able to give a clear answer, leading De Lima to probe more. Bathan
said that the murder charges were filed because someone got killed. De Lima
wanted to know why file murder charges instead of homicide. What is the difference
between homicide and murder?

Premeditation
Premeditation refers to the action of planning something beforehand. This means
that the killer has already made a decision to kill or thought about killing another
person. This may require meticulous planning to make the killing appear to be an
accident.

"Art. 248. Murder. — Any person who, not falling

within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if
committed with any of the following attendant
circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a

vessel, derailment or assault upon a street car or locomotive, fall of an airship,
by means of motor vehicles, or with the use of any other means involving
great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph,

or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or
other public calamity.

5. With evident premeditation.

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6. With cruelty, by deliberately and inhumanly augmenting the suffering of the

victim, or outraging or scoffing at his person or corpse.

Art. 249. Homicide. — 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."
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Homicide and Murder are Different Crimes

In the Philippines, homicide and murder are considered as two separate and distinct
crimes punishable under the Revised Penal Code. They are both crimes against
persons.

To be able to distinguish these two crimes, the elements must be determined.

Homicide Defined

The crime of Homicide is defined and penalized under Article 249 of the RPC, which
reads:

“Art. 249. Homicide. – 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.”

The elements of Homicide are the following:

(a) a person was killed;

(b) the accused killed him without any justifying circumstance;
(c) the accused had the intention to kill, which is presumed; and
(d) the killing was not attended by any of the qualifying circumstances of
Murder, or by that of Parricide or Infanticide.

Murder Defined

On the other hand, Murder is defined and penalized under Article 248 of the Revised
Penal Code (RPC), as amended, which provides:

“ART. 248. Murder. Any person who, not falling

within the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be
punished by reclusion perpetua, to death if
committed with any of the following attendant
circumstances:

 With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense, or of means or persons to
insure or afford impunity;
 In consideration of a price, reward, or promise;
 By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a railroad, fall of an airship, by means of
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motor vehicles, or with the use of any other means involving great waste and
ruin;
 On occasion of any calamities enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any
other public calamity;
 With evident premeditation;
 With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.

Generally, the elements of murder are:

1) That a person was killed;

2) That the accused killed him;
3) That the killing was attended by any of the qualifying circumstances
mentioned in Art. 248; and
4) That the killing is not parricide or infanticide.

Different Penalties for Homicide and Murder

Under the Revised Penal Code, the penalty imposed for the crime of murder is
reclusion perpetua (20 years and 1 day to 40 years, but still indivisible penalty) while
for homicide, the penalty is reclusion temporal with a duration of 12 years and 1 day
to 20 years.