Homicide (Article 249)

Date Published:
The crime of Homicide is defined and penalized under Article 249 of the Revised Penal Code, 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.[1]

[1] Villanueva v. Caparas, G.R. No. 190969, January 30, 2013.