When someone searches for the penalty for homicide with attempted homicide in the Philippines, the most important point is this: the sentence depends on whether the case is treated as one complex crime or as separate criminal charges. A single violent incident can lead to one person dying and another surviving. Under Philippine criminal law, that may result in either “homicide with attempted homicide” as a complex crime, or separate counts of homicide and attempted homicide, depending on the facts alleged in the Information and proven in court.

What “Homicide With Attempted Homicide” Means in Philippine Law

The Revised Penal Code does not list a single offense called “homicide with attempted homicide” in the same way it lists homicide under Article 249. Instead, the phrase usually refers to one of two legal situations:

Situation	How the case may be treated	Practical effect
One act caused one death and injured another person whom the accused allegedly intended to kill	Complex crime under Article 48 of the Revised Penal Code	One penalty is imposed: the penalty for the more serious crime, applied in its maximum period
Separate acts were committed against different victims	Separate charges for homicide and attempted homicide	The accused may receive separate penalties for each offense

This distinction matters because the prison term can change significantly.

For example, if one shot, explosion, or attack kills one victim and wounds another, prosecutors may consider Article 48 on complex crimes. But if the accused fired several shots at different people, stabbed one person and later attacked another, or committed distinct acts against each victim, the prosecutor may file separate Informations.

Legal Basis for Homicide

Under Article 249 of the Revised Penal Code, homicide is committed when a person kills another without the qualifying circumstances that would make the killing murder, parricide, or another more serious offense. The penalty for homicide is reclusion temporal. (Lawphil)

Reclusion temporal means imprisonment from 12 years and 1 day to 20 years under Article 27 of the Revised Penal Code. (Lawphil)

In simple terms, homicide is an unlawful killing with intent to kill, but without circumstances such as treachery, evident premeditation, cruelty, or abuse of superior strength that may raise the offense to murder.

Elements of Homicide

The prosecution generally needs to prove:

A person was killed.
The accused killed that person.
The accused intended to kill.
The killing was not attended by circumstances that would make it murder, parricide, or infanticide.
The killing was not justified, such as by lawful self-defense.

The Supreme Court has repeatedly distinguished homicide from murder based on whether qualifying circumstances like treachery are properly alleged and proven. If treachery or another qualifying circumstance is not established, the conviction may be for homicide instead of murder. (Lawphil)

Legal Basis for Attempted Homicide

Attempted homicide means the accused allegedly intended to kill the victim, began committing acts that would directly lead to the killing, but the death did not occur because of a cause other than the accused’s voluntary stopping.

Article 6 of the Revised Penal Code defines an attempted felony as one where the offender begins the commission of the felony directly by overt acts but does not perform all acts of execution that should produce the felony because of a cause or accident other than spontaneous desistance. (Lawphil)

For attempted homicide, the key issue is usually intent to kill. The Supreme Court has said that intent to kill is an essential element of attempted or frustrated homicide and must be proven clearly. (Lawphil)

Intent to kill may be inferred from facts such as:

The weapon used, such as a gun, bolo, knife, or other deadly weapon
The number and location of wounds
The words or threats used before, during, or after the attack
The manner of attack
Whether the accused continued attacking after the victim fell
Whether the injury was aimed at a vital part of the body

Without proof of intent to kill, the charge may be reduced to physical injuries, depending on the facts and medical findings.

Penalty for Attempted Homicide in the Philippines

Under Article 51 of the Revised Penal Code, an attempted felony is punished by a penalty two degrees lower than the penalty prescribed for the consummated felony. Since homicide is punished by reclusion temporal, attempted homicide is punished two degrees lower, which is prision correccional. The Supreme Court has applied this rule in attempted homicide cases. (Lawphil)

Prision correccional ranges from 6 months and 1 day to 6 years.

So, if the charge is attempted homicide alone, the basic penalty range is:

Offense	Basic penalty	Duration
Homicide	Reclusion temporal	12 years and 1 day to 20 years
Attempted homicide	Prision correccional	6 months and 1 day to 6 years

The actual sentence may be affected by mitigating or aggravating circumstances, the Indeterminate Sentence Law, plea bargaining, or whether the accused is convicted of a lesser offense.

Penalty if It Is a Complex Crime of Homicide With Attempted Homicide

Article 48 of the Revised Penal Code governs complex crimes. It applies when:

A single act constitutes two or more grave or less grave felonies; or
One offense is a necessary means to commit another.

In a complex crime, the penalty for the most serious crime is imposed, and it is applied in its maximum period. (Lawphil)

For homicide with attempted homicide, the more serious offense is homicide. Since homicide is punished by reclusion temporal, the penalty for the complex crime is generally reclusion temporal in its maximum period.

That means:

Crime classification	Penalty basis	Likely maximum-period range
Complex crime of homicide with attempted homicide	Homicide is the graver offense	17 years, 4 months, and 1 day to 20 years

This does not automatically mean the accused will receive a straight sentence of 20 years. Philippine courts commonly apply the Indeterminate Sentence Law, which requires a minimum and maximum term when applicable.

Under the Indeterminate Sentence Law, for crimes punished under the Revised Penal Code, the maximum term is taken from the penalty properly imposable, while the minimum term is taken from the penalty next lower in degree. (Lawphil)

For a complex crime where the imposable penalty is reclusion temporal maximum, the court may set:

A minimum term within the range of the penalty next lower in degree, generally prision mayor; and
A maximum term within reclusion temporal maximum, depending on the circumstances.

Penalty if Homicide and Attempted Homicide Are Filed Separately

If the facts show separate criminal acts, or if the prosecutor files separate Informations, the accused may face separate penalties.

Charge	Basic penalty
Homicide	Reclusion temporal: 12 years and 1 day to 20 years
Attempted homicide	Prision correccional: 6 months and 1 day to 6 years

In practice, the court may issue separate sentences for each count. The service of sentence will then be governed by rules on successive service of penalties, applicable prison regulations, and the final judgment.

This is why the wording of the Information is very important. The Information is the formal written charge filed in court by the prosecutor. If the prosecution charges separate crimes, the court cannot freely convict the accused of a different complex crime unless the accused’s constitutional right to be informed of the nature and cause of the accusation is respected. Supreme Court discussions on complex crimes emphasize that the offense must be properly alleged. ([Lawphil][7])

Homicide vs. Murder With Attempted Murder: Why the Charge Can Change

Families are often surprised when a case starts as homicide but later becomes murder, or when a murder charge is reduced to homicide. The difference usually depends on the presence or absence of qualifying circumstances.

A killing may become murder under Article 248 of the Revised Penal Code if attended by circumstances such as:

Treachery
Evident premeditation
Abuse of superior strength
Price, reward, or promise
Cruelty
Means involving fire, poison, explosion, or similar circumstances

Murder carries a much heavier penalty than homicide. Although some laws still mention death as part of the statutory range for certain offenses, Republic Act No. 9346 (2006) prohibits the imposition of the death penalty in the Philippines. ([Lawphil][8])

The same logic applies to the surviving victim. If the prosecution proves intent to kill plus treachery or another qualifying circumstance, the charge may be attempted murder instead of attempted homicide.

Practical Examples

Example 1: One shot, two victims

A person fires one shot into a group. The bullet kills one victim and injures another. If the facts support a finding that one act produced both crimes, the case may be charged as a complex crime of homicide with attempted homicide.

Possible penalty: reclusion temporal in its maximum period, subject to the Indeterminate Sentence Law and the court’s appreciation of circumstances.

Example 2: Separate attacks on two victims

The accused stabs Victim A, who dies. Then the accused chases and stabs Victim B, who survives. These may be treated as separate acts.

Possible charges:

Homicide for Victim A
Attempted homicide for Victim B

Possible result: separate penalties for each offense.

Example 3: No clear intent to kill the surviving victim

The accused punches or hits Victim B, who suffers injuries but the evidence does not show intent to kill. The charge involving Victim B may be physical injuries instead of attempted homicide.

Possible result: homicide for the deceased victim, plus physical injuries for the surviving victim.

Example 4: Treachery is alleged but not proven

The prosecutor charges murder with attempted murder, but the court finds that treachery was not proven. The court may convict for homicide and attempted homicide if those offenses are necessarily included and proven.

How the Criminal Case Usually Proceeds

A homicide with attempted homicide case is serious and usually handled by prosecutors and the Regional Trial Court.

Regional Trial Courts generally handle criminal cases not falling within the jurisdiction of first-level courts. First-level courts, such as Municipal Trial Courts and Metropolitan Trial Courts, generally cover offenses punishable by imprisonment not exceeding six years, subject to exceptions. ([Lawphil][9])

Because homicide carries a penalty exceeding six years, the case will normally be filed in the Regional Trial Court.

Step-by-Step Process

Police response and blotter entry

The incident is usually reported to the barangay, police station, or emergency responders. Police officers make an initial blotter entry and may secure the scene.
Scene investigation

Investigators gather physical evidence, identify witnesses, recover weapons or spent shells if any, and request forensic examination when needed.
Medical and medico-legal reports

For the deceased victim, an autopsy or death certificate may be important. For the surviving victim, the medico-legal certificate and hospital records help establish the nature, location, and seriousness of injuries.
Complaint-affidavit and witness affidavits

The complainant and witnesses execute sworn statements. These must be clear, detailed, and consistent. A weak affidavit can create problems later.
Filing with the prosecutor

The complaint is filed with the Office of the City or Provincial Prosecutor, or the case may go through inquest if the suspect was lawfully arrested without a warrant.
Preliminary investigation or inquest

A preliminary investigation determines whether there is probable cause to charge the respondent in court. The Rules of Criminal Procedure define preliminary investigation as an inquiry to determine whether there is sufficient ground to believe a crime was committed and the respondent is probably guilty. ([Lawphil][10])
Resolution by the prosecutor

The prosecutor may dismiss the complaint, require more evidence, or file an Information in court.
Filing in the Regional Trial Court

Once the Information is filed, the court may issue a warrant of arrest or determine whether the accused is already under custody.
Bail proceedings

For homicide and attempted homicide, bail is generally a matter of right before conviction because the offenses are not punishable by reclusion perpetua, life imprisonment, or death. The constitutional and procedural rule is that bail is denied before conviction only for capital offenses or offenses punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong. ([Lawphil][11])
Arraignment, pre-trial, trial, judgment, and appeal

The accused is arraigned and enters a plea. The case proceeds to pre-trial, trial, presentation of witnesses, judgment, and possible appeal.

Documents Commonly Needed

Document or evidence	Why it matters
Police blotter or incident report	Shows initial report and basic facts
Complaint-affidavit	Main sworn narrative of the complainant
Witness affidavits	Supports identification, intent, sequence of events, and circumstances
Death certificate	Proves death of the homicide victim
Autopsy or medico-legal report	Establishes cause of death
Hospital records of surviving victim	Shows nature and seriousness of injuries
Medico-legal certificate	Important for attempted homicide or physical injuries
Photos, CCTV, dashcam, or phone videos	May establish identity, weapon, location, and sequence
Barangay records, if any	May show prior threats or related incidents
Firearm, weapon, ballistic, or forensic reports	Useful when weapons are involved
Receipts for funeral, burial, or medical expenses	Supports actual damages, if properly proven

For families of victims, the most common bottleneck is incomplete documentation. Death and injury are not enough by themselves. The prosecution still needs evidence showing who committed the act, how it happened, and whether there was intent to kill.

Civil Liability and Damages

A criminal conviction may include civil liability. In homicide cases, the court may award civil indemnity, moral damages, temperate damages, actual damages if proven by receipts, and in proper cases exemplary damages.

Recent Supreme Court rulings commonly award ₱50,000 civil indemnity, ₱50,000 moral damages, and ₱50,000 temperate damages in homicide cases, with legal interest from finality of judgment when awarded. ([Lawphil][12])

For surviving victims in attempted homicide, damages depend on the injuries, medical expenses, and the applicable jurisprudence. Receipts and medical records matter. If the surviving victim paid hospital bills, therapy, medicines, or surgery costs, those documents should be preserved early.

Common Pitfalls in Homicide With Attempted Homicide Cases

1. Assuming every killing is murder

Not every unlawful killing is murder. If qualifying circumstances are not alleged and proven, the offense may be homicide.

2. Assuming every injury is attempted homicide

For attempted homicide, the prosecution must prove intent to kill. A wound alone does not always prove intent to kill, especially if the injury is not on a vital part of the body or the surrounding facts suggest a lesser offense.

3. Ignoring the Information filed in court

The exact wording of the Information affects what the accused can be convicted of. It also affects whether the case is treated as a complex crime or separate offenses.

4. Weak or inconsistent affidavits

Many cases become difficult because early affidavits are vague. Witnesses should state what they personally saw or heard, not conclusions or rumors.

5. Delayed medical examination

For the surviving victim, delay in getting a medico-legal examination may weaken proof of injury and intent.

6. Private settlement misunderstandings

A private settlement does not automatically erase criminal liability for homicide. Under Article 89 of the Revised Penal Code, criminal liability is extinguished only by specific legal causes such as service of sentence, amnesty, absolute pardon, prescription, and other grounds stated by law. (Lawphil)

A settlement may affect civil liability or be considered in some practical aspects of the case, but the criminal case is prosecuted in the name of the People of the Philippines.

7. Confusing bail with acquittal

Posting bail does not mean the case is weak, dismissed, or resolved. Bail is mainly to secure the accused’s appearance while the case is pending.

Special Considerations for Foreigners

Foreigners involved in homicide or attempted homicide cases in the Philippines should understand that Philippine criminal jurisdiction applies to offenses committed within Philippine territory. A foreign passport does not remove the case from Philippine courts.

Practical issues may include:

Immigration consequences if a foreigner is accused or convicted
Difficulty leaving the Philippines while a criminal case or hold departure issue is pending
Embassy or consular notification, depending on nationality and circumstances
Need for certified, notarized, apostilled, or consularized foreign documents if used in Philippine proceedings
Translation of foreign-language documents into English or Filipino when required

If a foreign witness is abroad, testimony and document authentication can become complicated. Courts may require proper procedures for depositions, judicial affidavits, or authenticated records, depending on the stage and purpose.

How Long Does the Case Take?

Timelines vary widely by city, province, court docket, number of witnesses, forensic issues, and whether the accused is detained.

A rough practical timeline may look like this:

Stage	Common practical timeline
Police investigation and evidence gathering	Days to several weeks
Prosecutor evaluation, preliminary investigation, or inquest	Weeks to several months
Filing in RTC and warrant/bail proceedings	Days to weeks after filing
Arraignment and pre-trial	1 to 3 months, depending on court calendar
Trial	Several months to several years
Appeal, if any	Additional years

Common causes of delay include unavailable witnesses, incomplete medico-legal records, pending forensic reports, crowded court calendars, changes of counsel, motions, and plea negotiations.

Frequently Asked Questions

What is the penalty for homicide with attempted homicide in the Philippines?

If treated as a complex crime under Article 48, the penalty is usually based on homicide, the more serious offense, imposed in its maximum period. Since homicide is punished by reclusion temporal, the complex crime may carry reclusion temporal maximum, or 17 years, 4 months, and 1 day to 20 years, subject to the Indeterminate Sentence Law and the court’s findings.

Is homicide with attempted homicide bailable?

Generally, yes, before conviction. Homicide and attempted homicide are not punishable by reclusion perpetua, life imprisonment, or death. Under Rule 114 and constitutional principles on bail, bail before conviction is a matter of right for RTC cases not punishable by death, reclusion perpetua, or life imprisonment. ([Lawphil][11])

What is the penalty for attempted homicide alone?

Attempted homicide is punished two degrees lower than consummated homicide. Since homicide is punished by reclusion temporal, attempted homicide is punished by prision correccional, or 6 months and 1 day to 6 years. (Lawphil)

Can attempted homicide be reduced to physical injuries?

Yes, if intent to kill is not proven. Intent to kill is the key difference. If the prosecution proves injury but not intent to kill, the court may consider physical injuries instead, depending on the allegations and evidence.

What makes homicide become murder?

Homicide may become murder if qualifying circumstances under Article 248 are alleged and proven, such as treachery, evident premeditation, cruelty, price or reward, or abuse of superior strength. If these circumstances are not proven, the conviction may be for homicide.

Does settlement with the victim’s family dismiss the criminal case?

Not automatically. Homicide is a public offense prosecuted in the name of the People of the Philippines. Settlement may affect civil liability, but it does not by itself extinguish criminal liability.

Who files the case: the family or the prosecutor?

The complaint may begin with the family, surviving victim, police, or witnesses, but the criminal case in court is filed by the prosecutor through an Information. Once filed, the case is generally handled as People of the Philippines vs. the accused.

What evidence is most important in this kind of case?

The most important evidence usually includes eyewitness testimony, medico-legal findings, autopsy reports, CCTV or video footage, weapon or ballistic evidence, and proof showing intent to kill. For the surviving victim, medical records and the location and severity of wounds are especially important.

Can a person be charged with both homicide and attempted homicide for one incident?

Yes. One violent incident may produce multiple charges if there are multiple victims. The legal treatment depends on whether the acts are considered a single act under Article 48 or separate acts requiring separate charges.

What court handles homicide with attempted homicide cases?

The case is normally handled by the Regional Trial Court because homicide carries a penalty exceeding six years. First-level courts generally handle offenses punishable by imprisonment not exceeding six years, subject to exceptions. ([Lawphil][9])

Key Takeaways

Homicide under Article 249 is punished by reclusion temporal, or 12 years and 1 day to 20 years.
Attempted homicide is punished two degrees lower, generally prision correccional, or 6 months and 1 day to 6 years.
If the case is a complex crime of homicide with attempted homicide, the penalty is usually the penalty for homicide applied in its maximum period.
If the acts are separate, the accused may face separate penalties for homicide and attempted homicide.
Intent to kill is essential for attempted homicide; without it, the charge may be reduced to physical injuries.
The exact wording of the prosecutor’s Information is critical.
Homicide cases are usually filed in the Regional Trial Court.
Bail is generally available before conviction for homicide and attempted homicide, subject to proper court proceedings.
Medical records, autopsy reports, witness affidavits, and proof of intent are often the most important evidence.

[7]: https://lawphil.net/judjuris/juri2023/mar2023/pdf/gr_252859_2023.pdf?utm_source=chatgpt.com "~upretne <!tourt data-preserve-html-node="true" MAR 15 2 x------------------------------------------ ..." [8]: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html?utm_source=chatgpt.com "R.A. 9346" [9]: https://lawphil.net/statutes/repacts/ra1994/ra_7691_1994.html?utm_source=chatgpt.com "R.A. 7691" [10]: https://lawphil.net/courts/rules/rc_110-127_crim.html?utm_source=chatgpt.com "Rules of Court - Criminal Proceedure" [11]: https://lawphil.net/judjuris/juri2015/aug2015/gr_210164_2015.html "G.R. No. 213847" [12]: https://lawphil.net/judjuris/juri2021/oct2021/gr_248202_2021.html?utm_source=chatgpt.com "G.R. No. 248202"