Both murder and homicide involve the unlawful killing of a person with intent to kill, and neither is parricide (killing certain relatives) nor infanticide. The distinction between them lies in the presence of at least one qualifying circumstance. Homicide is the unlawful killing of another that is not attended by any of the qualifying circumstances that would make it murder, parricide, or infanticide. Murder is homicide committed with any of the qualifying circumstances enumerated in the Revised Penal Code, such as: treachery (alevosia), where the offender employs means, methods, or forms in the execution that directly and specially ensure its commission without risk to themselves from any defense the victim might make; evident premeditation, where the decision to kill was made after cool reflection and a sufficient lapse of time; taking advantage of superior strength, or with the aid of armed men; consideration of a price, reward, or promise; by means of fire, poison, explosion, or similar; and cruelty, deliberately augmenting the suffering of the victim. When a killing is attended by even one of these qualifying circumstances (properly alleged and proven), the crime is murder, which carries a heavier penalty than homicide. Treachery is the most commonly invoked qualifying circumstance and requires that the attack be sudden and unexpected, depriving the victim of any real chance to defend themselves. It is important that the qualifying circumstance be specifically alleged in the information and proven; otherwise, the killing is only homicide. So the same act of killing is homicide or murder depending on whether a qualifying circumstance like treachery or premeditation is present, and this determines the penalty.
Both Are Unlawful Killings
Homicide and murder both involve an unlawful killing with intent to kill (not parricide or infanticide). The difference is the presence of a qualifying circumstance.
The Qualifying Circumstances (Murder)
- Treachery (alevosia) — a sudden attack ensuring no risk from the victim's defense;
- Evident premeditation — a cool, planned decision to kill;
- Abuse of superior strength or aid of armed men;
- Price, reward, or promise; or by fire, poison, explosion; and
- Cruelty — deliberately augmenting suffering.
It Must Be Alleged and Proven
A killing with even one qualifying circumstance (properly alleged in the information and proven) is murder, with a heavier penalty. Otherwise it is homicide. Treachery is the most common qualifier.
Practical Takeaways
- Homicide = killing with no qualifying circumstance;
- Murder = killing with treachery, premeditation, etc.;
- The qualifier must be alleged and proven, or it is only homicide.
Frequently Asked Questions
What is the difference between murder and homicide? Both are unlawful killings with intent to kill. Homicide has no qualifying circumstance, while murder is a killing attended by a qualifying circumstance such as treachery or evident premeditation, which carries a heavier penalty.
What is treachery? A qualifying circumstance where the offender employs means, methods, or forms in the execution that directly and specially ensure its commission without risk from the victim's defense, typically a sudden and unexpected attack.
What qualifying circumstances make a killing murder? Among others, treachery, evident premeditation, taking advantage of superior strength or aid of armed men, consideration of a price or reward, use of fire, poison, or explosion, and cruelty that deliberately augments suffering.
Does the qualifying circumstance need to be in the information? Yes. The qualifying circumstance must be specifically alleged in the information and proven; otherwise, the killing is only homicide, not murder.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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