(Philippine criminal law overview; general information, not legal advice.)

1) “Fratricide” is not a standalone crime label in Philippine statutes

In everyday language, fratricide means killing one’s brother. In Philippine law, however, charges are not filed as “fratricide”. Instead, prosecutors determine the correct offense under the Revised Penal Code (RPC) (and relevant special laws) based on:

Intent (was there intent to kill?)
Manner of attack (was it treacherous, premeditated, etc.?)
Result (death, injuries, or none)
Circumstances (relationship, location, weapon licensing, self-defense, accident, negligence)

So, a brother killing a brother with a firearm will usually be charged as Homicide or Murder, or (if unintentional/negligent) Reckless Imprudence Resulting in Homicide—plus possible firearm-related offenses or enhancements depending on the facts.

2) The main possible “killing” charges under the Revised Penal Code

A. Homicide (RPC Art. 249)

Typical charge when a person intentionally kills another without the special “qualifying circumstances” that elevate it to murder.

Core idea:

A person was killed
The accused killed them
The killing was not justified/excused
The killing is not parricide/infanticide/murder

Penalty (in general terms): severe imprisonment (reclusion temporal).

In a brother-on-brother killing: homicide is often the default unless murder qualifiers are present.

B. Murder (RPC Art. 248)

Filed when the killing is attended by any qualifying circumstance, such as:

Treachery (alevosia) – attack ensures execution without risk to the attacker (e.g., ambush, victim defenseless)
Evident premeditation – cool thought and planning shown by outward acts over time
Cruelty – deliberate increase of suffering
By means of fire, poison, explosion, etc. (firearm is not one of these by itself)
In consideration of price/reward, etc.

Important: The use of a firearm alone does not automatically make it murder. It becomes murder if the manner of using it fits a qualifying circumstance (most commonly treachery, e.g., shooting an unsuspecting brother from behind).

Penalty (current practical effect): murder is punished very severely; although “death” exists in older text, its execution is suspended, so the top penalties applied are typically reclusion perpetua (depending on circumstances).

Bail note (practical): murder is commonly treated as non-bailable when evidence of guilt is strong (determined in a bail hearing).

C. Parricide is usually NOT the charge for killing a sibling

Parricide (RPC Art. 246) covers killing of certain close relations like spouse, ascendants, descendants (and in certain recognized relationships). Siblings are generally not within the parricide definition, so brother-killing-brother is typically homicide or murder, not parricide.

3) When it’s not “intentional killing”: negligence and accident scenarios

A. Reckless Imprudence Resulting in Homicide (RPC Art. 365)

This applies when death results from negligence rather than intent to kill. Common examples involving firearms:

“Accidental discharge” while cleaning the gun
Horseplay/“it was unloaded” incidents
Mishandling during drinking sessions
Poor storage leading to discharge during struggle
Untrained handling during a confrontation without intent to kill

Key distinguishing point:

If evidence shows intent to kill, prosecutors lean to homicide/murder.
If evidence shows lack of intent but carelessness, Art. 365 is likely.

Penalties under Art. 365 are calibrated and generally lower than intentional felonies, but still serious when death results.

B. Pure accident as an exempting circumstance (no criminal liability)

If the shooting is a true accident with no fault or negligence, criminal liability may be excluded (though civil liability issues can still arise depending on context).

In real cases, the fight is often about whether the event was:

Accident without fault, vs.
Negligence, vs.
Intentional shooting

4) Firearm-related “add-ons”: separate offenses or sentence impacts

A firearm can affect a case in two broad ways:

As evidence of the manner of killing (e.g., treachery), influencing whether it’s homicide or murder; and/or
As a firearm-law issue (licensing/registration, possession, “loose firearm”), potentially creating additional exposure or aggravating the main crime.

A. Illegal possession / “loose firearm” issues

Philippine law has evolved on whether illegal possession is punished separately when the gun is used in a killing. In practice today, prosecutors evaluate:

Was the firearm licensed to the accused?
Is the firearm registered and properly possessed/carried?
Are there facts supporting a separate firearm offense, or is it treated as an enhancing/aggravating factor in the killing charge?

Because the legal treatment can depend on statute interplay and current doctrine, what matters operationally is: an unlicensed/“loose” firearm almost always worsens the accused’s position—either by supporting a separate case or by increasing the severity through aggravation/enhancement.

B. Other possible firearm-related RPC offenses (fact-dependent)

If death did not occur, or if intent is disputed, prosecutors may consider:

Attempted/Frustrated Homicide or Murder (if intent to kill is shown but victim survives)
Physical Injuries (if no intent to kill but injury occurred)
Discharge of Firearm (shooting at or in the direction of a person under circumstances defined by law, often where intent to kill is not proven)
Alarms and Scandals / Unjust Vexation-like conduct (rarely in serious gun incidents; more for indiscriminate firing without injury depending on circumstances)

5) The relationship “brother-to-brother” matters—usually as a circumstance, not the crime name

Even if “fratricide” isn’t a statutory crime title, the fact that the victim is a brother can affect:

Motive inference (family disputes, inheritance, domestic friction)
Credibility and witness dynamics (family members as witnesses)
Aggravating circumstance of relationship (often argued by prosecution in crimes against persons)

In Philippine criminal law, relationship can operate as an aggravating/mitigating circumstance depending on the offense type and context. In killings, it is frequently argued to aggravate because it is seen as a greater moral depravity to kill a close relative (even if not within parricide coverage). Courts assess this based on the charged felony and the governing rules on circumstances.

6) How prosecutors choose between Murder vs Homicide vs Negligence

Expect the case theory to turn on these proof points:

A. Intent to kill

Shown by:

Aimed shots at vital areas (head/heart/torso)
Multiple shots
Prior threats (“I will kill you”)
Conduct before/after shooting (chasing, finishing shot, fleeing, hiding weapon)

B. Qualifying circumstances (to elevate to murder)

Most commonly litigated in firearm killings:

Treachery (ambush; victim unarmed; sudden attack leaving no chance to defend)
Evident premeditation (planning, procurement of gun, waiting, repeated threats + time to cool off)

C. Negligence indicators (for Art. 365)

No prior animosity; no threats
Immediate aid/rendering assistance
Single discharge consistent with mishandling
Scene evidence consistent with accidental firing (though this is contested often)

D. Self-defense / defense of relative

If asserted, the defense typically must show:

Unlawful aggression by the deceased
Reasonable necessity of means employed
Lack of sufficient provocation by the accused

With firearms, courts scrutinize proportionality and necessity. If the victim was retreating, unarmed, or shot in the back, self-defense becomes harder (but each case is fact-specific).

7) Penalties and bail (high-level, practical orientation)

Murder: among the most severely punished offenses; commonly results in reclusion perpetua if convicted under today’s operative penalty landscape. Bail can be denied if evidence of guilt is strong.
Homicide: still severe (reclusion temporal range), but generally bailable as a matter of right before conviction (subject to standard rules).
Reckless imprudence resulting in homicide: penalty is lower than intentional killing, but consequences are still serious and include imprisonment plus civil damages.

8) Civil liability to the victim’s heirs (almost always included)

In Philippine criminal cases for death, courts typically impose civil indemnity and related damages, which may include:

Civil indemnity for death
Moral damages (for emotional suffering of heirs)
Actual damages (hospital/funeral/other proven expenses)
Loss of earning capacity (if proven)
Exemplary damages (often when aggravating circumstances are present)
Interest as imposed by jurisprudence

Even if the case is framed as negligence, civil liability may still attach, unless a full exempting circumstance applies and civil law rules negate recovery under the specific facts.

9) Evidence issues that commonly decide firearm fratricide cases

Ballistics and firearm examination (matching bullet/slug to barrel, gunshot residue considerations)
Autopsy findings (entry/exit, range of fire indicators, trajectory)
Scene reconstruction (positions of parties, line of fire)
CCTV / mobile video / messages (threats, planning, admissions)
Chain of custody for the firearm and ammunition
Witness credibility (family dynamics often complicate testimony)

10) Common fact patterns and likely charges

Ambush or surprise shooting of brother → Murder (treachery likely)
Heated argument, brother shot during fight → Homicide (unless qualifiers proven)
Brother shot while cleaning gun / accidental discharge → Reckless imprudence resulting in homicide (or accident defense if truly without fault)
Struggle for gun, gun fires → hinges on who had control, intent, and negligence; can range from accident to imprudence to homicide
Victim survives → Attempted/Frustrated homicide/murder if intent to kill is shown; otherwise injuries or other offenses

11) Practical guidance if a real case exists

Treat it as high-stakes: early statements to police can define intent/qualifiers.
Secure counsel quickly, especially where murder or loose firearm issues may be alleged.
Preserve evidence (messages, CCTV, medical records), and avoid informal “settlement” discussions that can look like consciousness of guilt.
Remember: even if relatives want to reconcile, serious felonies are prosecuted in the name of the People, and “forgiveness” typically does not extinguish criminal liability for homicide/murder.

Summary: What the charge usually is

A brother killing a brother with a firearm in the Philippines is typically charged as:

Murder if qualifying circumstances (like treachery or premeditation) are provable; otherwise
Homicide if intentional but without murder qualifiers; or
Reckless imprudence resulting in homicide if death resulted from negligence without intent to kill;

…and the firearm’s licensing/possession status can create additional exposure or aggravate/enhance the main charge.

If you want, describe a hypothetical fact pattern (e.g., “argument then a single shot,” “shot from behind,” “accidental discharge while cleaning”), and the likely charge set can be mapped more precisely.