In the Philippines, crimes are categorized according to their nature, which helps
define the punishment and level of severity. Here's a detailed reviewer focusing on
types of crimes like murder, homicide, parricide, infanticide, and others,
outlining their differences and similarities:
1. Parricide (Article 246, Revised Penal Code)
Definition: Parricide is the crime of killing a family member, specifically:
The offender’s legitimate spouse, child, or parent.
Elements:
1. The victim is a family member (spouse, ascendant, or descendant).
2. The victim is killed by the offender.
Penalty: Reclusion perpetua (20 to 40 years of imprisonment).
Key Difference: Parricide involves a family member, which distinguishes it from
homicide and murder.
2. Murder (Article 248, Revised Penal Code)
Definition: Murder is the unlawful killing of a person with qualifying circumstances
that make the crime more heinous.
Elements:
1. A person is killed.
2. The act is attended by qualifying circumstances, such as:
o Treachery (alevosía): The offender employed means to ensure the
victim could not defend themselves.
o Cruelty: The offender inflicted severe suffering on the victim.
o Premeditation: The crime was planned beforehand.
o Use of superior strength or means to weaken defense.
Penalty: Reclusion perpetua (20 to 40 years imprisonment).
Key Differences:
Murder vs. Homicide: Murder involves aggravating circumstances like
treachery or cruelty, which make it more severe than homicide. Without
these, the crime would be considered homicide.
Murder vs. Parricide: While murder can be committed against anyone,
parricide involves close relatives.
3. Homicide (Article 249, Revised Penal Code)
Definition: Homicide is the unlawful killing of a person without the qualifying
circumstances that make it murder.
Elements:
1. A person is killed.
2. The killing is not attended by qualifying circumstances that would elevate it
to murder.
Penalty: Reclusion temporal (12 to 20 years of imprisonment).
Key Differences:
Murder vs. Homicide: The absence of aggravating circumstances (e.g.,
premeditation or treachery) makes the crime homicide instead of murder.
Homicide vs. Parricide: Homicide applies to the killing of anyone, while
parricide specifically involves killing a close family member.
4. Infanticide (Article 255, Revised Penal Code)
Definition: Infanticide is the crime of killing a child less than three days old.
Elements:
1. A child less than three days old is killed.
2. The offender intentionally causes the death of the newborn.
Penalty:
The penalty is the same as for parricide or murder, depending on the
circumstances.
If the mother or maternal grandparents kill the child to conceal the mother's
dishonor, mitigating circumstances may reduce the penalty.
Key Difference:
Infanticide vs. Homicide: Infanticide refers specifically to the killing of a
newborn child, while homicide can involve the death of any person of any
age.
5. Parricide vs. Murder vs. Homicide vs. Infanticide
Presence of
Victim Age of
Crime Qualifying Penalty
Relationship Victim
Circumstances
Family members
Reclusion
Parricide (spouse, parent, Not required Any age
perpetua
child)
Required (e.g., Reclusion
Murder Any person Any age
treachery, cruelty) perpetua
Homicid Reclusion
Any person None Any age
e temporal
Infantici Newborn (under 3 Less than Penalty for
Not required
de days old) 3 days murder/parricide
6. Other Crimes Similar to Murder and Homicide
Frustrated Murder or Homicide
Occurs when the offender has performed all acts of execution that would
result in death, but death does not occur due to outside intervention.
Attempted Murder or Homicide
Occurs when the offender commences a direct attack to kill but is unable to
perform all acts of execution necessary to consummate the crime.
Physical Injuries (Articles 262-266, Revised Penal Code)
When a person suffers harm but does not die, the crime falls under physical
injuries, which is further classified into:
o Serious Physical Injuries: If the injuries incapacitate the victim for
more than 90 days or cause permanent incapacity.
o Less Serious Physical Injuries: If the injuries incapacitate the victim
for 10 to 30 days.
o Slight Physical Injuries: If the injury is minor and does not
incapacitate the victim for more than 9 days.
Reckless Imprudence Resulting in Homicide (Article 365, Revised Penal
Code)
Occurs when a person unintentionally kills someone due to reckless
negligence or imprudence. The absence of deliberate intent differentiates this
from intentional felonies like murder or homicide.
7. Crimes Involving Violence Against Specific Vulnerable Groups
Rape (Article 266-A, Revised Penal Code)
Rape is considered a crime of violence. It can be committed through:
o Force or intimidation.
o Depriving the victim of reason or consciousness.
o Taking advantage of the victim's mental disability or unconscious state.
The Anti-Rape Law of 1997 (R.A. 8353) reclassified rape as a crime against
persons instead of chastity and broadened the definition to include various forms of
sexual assault.
Summary of Key Differences
Intentional Killing: Involves deliberate killing, categorized based on the
relationship to the victim and aggravating circumstances (e.g., parricide,
murder, homicide).
Presence of Aggravating Circumstances: Murder involves additional
factors like treachery, premeditation, or cruelty. Without these, the crime is
usually homicide.
Victim’s Age: Infanticide applies exclusively to infants under three days old.
Victim’s Relationship: Parricide involves family members.
Understanding these distinctions helps determine the appropriate legal category for
an act of killing and guides the penalties applied in each case.
