A practical, everything-you-need-to-know guide. General information only, not legal advice.

Quick snapshot

Crime	Legal gist	Statutory penalty	“Years” in practice
Homicide (Art. 249)	Killing without qualifying circumstances	Reclusión temporal	12 years & 1 day to 20 years (divisible into 3 periods; parole/GCTA generally possible if qualified)
Murder (Art. 248)	Killing with qualifying circumstances (e.g., treachery, evident premeditation, cruelty, price/reward, by means of fire/poison/explosion, taking advantage of superior strength, etc.)	Reclusión perpetua to death	Reclusión perpetua (because death penalty is abolished). Treated as indivisible; no parole; actual service governed by rules on time allowances/executive clemency/three-fold rule

Under current law, death is not imposable; courts impose reclusión perpetua for murder.

Understanding the penalties

1) Reclusión temporal (for homicide)

Statutory range: 12 years & 1 day to 20 years.
Divisible into periods (used by courts when applying mitigating/aggravating factors):
- Minimum: 12y 1d – 14y 8m
- Medium: 14y 8m 1d – 17y 4m
- Maximum: 17y 4m 1d – 20y
Adjustments at sentencing:
- Generic aggravating (e.g., nighttime when specially sought) can push to a higher period.
- Mitigating (e.g., voluntary surrender) can lower to a lower period.
- Privileged mitigating (e.g., incomplete self-defense, minority) lowers the penalty by one or two degrees (see “Reductions” below).

2) Reclusión perpetua (for murder)

Indivisible penalty; the court does not choose “periods.”
No parole when the sentence expressly states reclusión perpetua (as opposed to reclusión temporal).
For computation of the maximum time to be served across multiple convictions, Article 70’s three-fold rule caps the actual service at 40 years.

Life imprisonment ≠ reclusión perpetua. They are distinct penalties in Philippine criminal law. Murder specifically carries reclusión perpetua (since death is abolished), not “life imprisonment.”

Homicide vs Murder: where the line is drawn

Homicide punishes the unlawful killing of another without any qualifying circumstance.
Murder punishes the unlawful killing when at least one qualifier is present. Common qualifiers include:
- Treachery (alevosía)—sudden/insidious means without risk to the offender;
- Evident premeditation;
- Cruelty/ignominy;
- By price/reward/promise;
- By means of fire, explosion, poison, inundation, derailment/stranding, or similar means;
- On occasion of calamity or vehicular means;
- Taking advantage of superior strength or with aid of armed men.

If none of these is proven, the conviction is typically for homicide, not murder—even if the death was intentional.

Related but different crimes:

Parricide (killing spouse, ascendant, descendant) has its own penalty scale.
Infanticide, illegal abortion, etc., are likewise separate.

Sentencing math: how courts choose the exact term (homicide)

Start at reclusión temporal.
Apply Article 64 rules:
- If no mitigating/aggravating → medium period.
- If one mitigating, no aggravating → minimum period.
- If one aggravating, no mitigating → maximum period.
- If both exist, they offset; consider the balance.
If there’s a privileged mitigating (e.g., incomplete self-defense, minority), lower the penalty by degree(s) first, then apply period rules within the resulting lower penalty.

“Degrees” below reclusión temporal

One degree lower: prisión mayor (6 years & 1 day to 12 years).
Two degrees lower: prisión correccional (6 months & 1 day to 6 years).

Example: Homicide with incomplete self-defense (privileged mitigating) and voluntary surrender (mitigating) often yields prisión mayor in its minimum period.

Parole, GCTA, and actual time served

Homicide (reclusión temporal): Persons Deprived of Liberty (PDLs) may be eligible for parole and Good Conduct Time Allowance (GCTA) if they meet statutory and administrative qualifications (e.g., no disqualifying labels, good behavior, etc.).
Murder (reclusión perpetua): Parole is not available. Release is typically through executive clemency (e.g., commutation/pardon) subject to eligibility rules (often after a very long minimum actual service).
Three-fold rule: Even with multiple convictions, actual service is capped at 40 years.

Heinous crimes policies: Murder is classified as heinous; this affects eligibility for certain time allowances and administrative benefits under prevailing rules.

Aggravating vs qualifying: why the label matters

A qualifying circumstance changes the crime (homicide → murder) and fixes the penalty to reclusión perpetua (no periods to choose).
A generic aggravating circumstance does not change the crime; it only increases the period of the penalty within the same penalty band (e.g., homicide still = reclusión temporal, but in its maximum period).

If the prosecution alleges a qualifier but fails to prove it, courts cannot convict of murder; they downgrade to homicide and sentence within reclusión temporal.

Defenses and their impact on years

Complete self-defense/defense of relatives/strangers (all requisites present) → acquittal.
Incomplete self-defense (some requisites present) → privileged mitigating → lower penalty by degree(s) (e.g., homicide may fall to prisión mayor).
Ordinary mitigating (e.g., voluntary surrender, passion/obfuscation, no intent to commit so grave a wrong) → shifts to lower period within the prescribed penalty.
Plea to a lesser offense is possible only with the prosecution’s consent and the court’s approval.

Multiple victims and multiple counts

Each victim typically corresponds to a separate count. Courts impose separate penalties which are then served successively, subject to the three-fold rule (cap at 3× the most severe penalty but not more than 40 years).

Civil liability (always alongside the criminal case)

Conviction for homicide or murder includes civil liability:

Civil indemnity (fixed amounts per jurisprudence),
Moral, exemplary, and temperate damages as warranted, plus interest. These are separate from imprisonment and form part of the judgment.

Prescription and arrest timing (briefly)

Offenses punishable by reclusión perpetua or reclusión temporal generally prescribe in 20 years (counted under the Penal Code’s rules on prescription), subject to interruptions (e.g., filing of complaint, flight, etc.). This does not shorten the sentence; it only affects whether the State can still prosecute if the case is filed too late.

Practical takeaways

Homicide → 12y1d–20y, adjustable by mitigating/aggravating and reducible by privileged mitigating (to prisión mayor or lower). Parole/GCTA may be available if qualified.
Murder → reclusión perpetua (no parole), because the death penalty is abolished.
The presence or absence of a qualifying circumstance is decisive; it changes the crime and the penalty class.
Privileged mitigating can dramatically cut years for homicide; for murder, qualifying circumstances have already fixed the crime, and indivisible penalties limit judicial flexibility (though some privileged mitigations may affect the degree only if they negate the qualifier or change the crime charged).
Three-fold rule caps actual service across multiple convictions at 40 years.

Illustrative scenarios

Bar fight gone wrong, no treachery, accused surrendered: Homicide, likely reclusión temporal, minimum period (≈ 12–14⅔ years), with possible parole/GCTA if qualified.
Ambush from behind using a deadly weapon after stalking the victim: Murder (treachery/evident premeditation) → reclusión perpetua (no parole).
Homicide with incomplete self-defense (aggressor attacked first; accused used excessive force): Penalty by one degree lower → prisión mayor (≈ 6y1d–12y), period adjusted for other mitigants/aggravants.

One-page reference

Homicide → Reclusión temporal (12y1d–20y) → periods chosen based on mitigating/aggravating → parole/GCTA possible if qualified.
Murder → Reclusión perpetua (indivisible; no parole) → three-fold rule cap 40y if multiple counts.
Qualifying vs generic aggravating dictates crime reclassification vs period selection.
Privileged mitigating (incomplete self-defense, minority) can lower degrees—key for homicide sentencing outcomes.

If you want, share the facts (e.g., how the attack happened, any surrender, intoxication, prior quarrel) and I can map the likely qualifying/mitigating factors and show how the years would move under different sentencing scenarios.