HOMICIDE

ARTICLE 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.
 WHAT IS HOMICIDE?

This is unlawful killing of any person, which is neither

parricide, murder nor infanticide. Intent to kill is
conclusively presumed when death resulted; evidence of
intent to kill is important only in attempted or frustrated
homicide.
 ELEMENTS OF HOMICIDE

1. That the person was killed;

2. That the accused killed him without any justifying

circumstances;

3. That the accused had the intention to kill, which is

presumed;
4. That the killing was not attended by any of qualifying
circumstances of murders, or by that parricide of
infanticide.
 ACCIDENTAL HOMICIDE

Is the death of the person brought about by a lawful act

performed with proper care and skills and without
homicidal intent.
 POSSIBLE LAWS APPLIED
Article 249, Republic Act 3815 or Revised Penal Code of the Philippines
HOMICIDE CASES IN THE PHILIPPINES
Homicide cases in the country went up by at least 21 percent last month, according to an official
of the Philippine National Police (PNP).
Brig. Gen. Sterling Raymund Blanco, director of the PNP Directorate for Investigation and
Detective Management, said on Monday that 95 homicides were documented across the country
last April, which is higher compared to 78 cases in March, an increase of 21.79 percent.
These incidents are mostly committed through shooting, stabbing along the streets in residential
areas,” he said during a press conference at Camp Crame. According to Blanco, most of the
incidents were triggered by heated arguments and personal grudges among the parties.
 Homicide Case Against Pastorin

Homicide case was filed against Police Corporal Alvin

Pastorin for shooting the victim, Abelardo Vasquez 19
years old, on November 20, 2021. Pastorin is an
intelligence officer of the Pampanga police.
 Investigation from the Bacolor PNP
revealed that the suspect went to a
store where he confronted the
victim with his companions who
Findings were not wearing face masks.

Pastorin reprimanded the teenagers

and asked them to return home, but
this only resulted in an altercation
between the police officer and the
victim’s group.
 Findings

Based on the witness' statement, Vasquez

called for backup from his relatives who
were having a drinking session at home.
The witness added that when Pastorin
decided to go back to his vehicle, he was
pelted with rocks and stones by the group.
 The witness said Pastorin was attacked
and pinned down after he fell to the
ground. Pastorin reportedly took his
firearm and shot Vasquez who was
Findings putting some weight on him.

The victim was immediately rushed to

the hospital but was later declared
dead-on-arrival by doctors.
 RECOMMENDATION

1. Train more analysts. One of the most consistently

cited ways to lower homicide rates is to obtain a better
understanding of the dynamics of the area in question.
The MP has started this process of creating a team of
analysts. The police needs to join them.
2. Emphasize the importance of investigation equipment
in the Philippines.