Homicide

Category: Book 2- Crimes and Penalties

Homicide

A. Concept: The unjustified killing of a human being which does not constitute murder, parricide, or infanticide The accused will be convicted of Homicide in the following instances:

1. When in the commission thereof, there is absent any of the qualifying circumstances of murder or

2. None of the qualifying circumstance has been alleged in the Information or

3. Even if a qualifying circumstance is alleged but it was not proved.

B. Principles involved:

1. This may be committed by negligence. However where the victim does not die, the crime is either Reckless Imprudence Resulting in Physical Injuries (Serious, Less Serious or Slight). There is no crime of Reckless Imprudence Resulting to Frustrated or Attempted Homicide because intent is incompatible with negligence



2. Where there are two or more persons who inflicted injuries on the person, all are liable for the death if:

a). There is conspiracy

b). There is no conspiracy but the wounds inflicted by each of the assailants are mortal wounds

c). There is no conspiracy but it cannot be determined who inflicted the mortal wounds



3. As in all other killings, the accused may be convicted of homicide even if the body of the victim has not been found, so long as the corpus delicti has been proven