Frustrated Crimes | Information in Criminal Cases | PRACTICAL EXERCISES

Below is a comprehensive, meticulous discussion on Frustrated Crimes in the Philippine setting, viewed through the lens of Remedial Law, Legal Ethics, and Legal Forms, with a focus on the drafting of an Information in criminal cases. This write-up is structured to give you a clear understanding of the definition, elements, jurisprudential treatment, and procedural considerations in preparing an Information for frustrated crimes. Citations and references to relevant laws and rules are included for thoroughness.

I. OVERVIEW OF FRUSTRATED CRIMES

A. Definition Under the Revised Penal Code (RPC)

  1. Article 6 of the RPC classifies crimes according to the stages of execution: attempted, frustrated, and consummated.
  2. A crime is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

Key Points

  • In a frustrated crime, the offender has already performed all acts that should result in the completion of the felony.
  • The only reason the felony is not actually produced (i.e., not consummated) is due to an extraneous factor or circumstance independent of the perpetrator’s will.
    • Examples: Timely medical intervention saves the victim’s life in homicide; a hidden bulletproof vest prevents the intended lethal outcome.

B. Distinguishing Attempted, Frustrated, and Consummated Crimes

  1. Attempted Crime: The offender begins the commission of the felony by overt acts but does not perform all acts of execution.
  2. Frustrated Crime: The offender performs all acts of execution to commit the felony, but the felony is not produced due to causes independent of the offender’s will.
  3. Consummated Crime: The offender performs all acts of execution and the intended felony is actually produced.

In simpler terms:

  • Attempted = Partial execution, no completion of acts.
  • Frustrated = Complete execution, but no intended result (due to external factors).
  • Consummated = Complete execution and desired criminal result.

II. ELEMENTS OF A FRUSTRATED CRIME

While each specific felony may have its own essential elements (e.g., murder, homicide, theft, etc.), frustrated crimes share certain common requisites:

  1. Intent to Commit the Felony (Criminal Intent)

    • The offender’s state of mind must be directed toward committing the crime.

  2. Commission of All Acts of Execution

    • The offender has done everything necessary to bring about the intended criminal objective.

  3. Non-Production of the Felony

    • The intended crime is not achieved (e.g., the victim does not die in frustrated homicide, the property is not actually taken in a frustrated theft, or the building does not fully burn in a frustrated arson).

  4. Cause of Non-Production is Independent of the Offender’s Will

    • A supervening cause or external factor prevents the felony from being consummated (e.g., quick medical aid, victim’s resistance, misfire of a weapon, timely police intervention).

III. EXAMPLES OF FRUSTRATED CRIMES

  1. Frustrated Homicide or Murder

    • The perpetrator inflicts mortal wounds intended to kill the victim. However, due to timely medical intervention or other independent factors, the victim survives.

  2. Frustrated Parricide

    • Similar to frustrated homicide, but the victim is a spouse, ascendant, descendant, or relative within the degrees specified by law.

  3. Frustrated Theft or Robbery

    • The offender has done all the acts necessary (e.g., physically takes the property), but the property is recovered or prevented from leaving the premises due to reasons not attributable to the perpetrator (e.g., the bag is snatched but quickly grabbed back by the owner or a bystander).

  4. Frustrated Arson

    • The offender sets fire to the building or property, completing all necessary acts, but the fire is put out or fails to spread due to external factors (e.g., automatic sprinkler system, immediate response by firefighters).

IV. PENALTIES FOR FRUSTRATED CRIMES

Under Article 50 of the RPC:

  • The penalty for a frustrated felony is generally one degree lower than that prescribed by law for the consummated felony.
  • For instance, if homicide is punishable by reclusion temporal, frustrated homicide shall be penalized by prision mayor (one degree lower).

Exception or Modification:

  • Certain special laws or circumstances (e.g., qualified crimes, special complex crimes) may have specific rules regarding attempts, frustration, or penalty gradations. Always cross-check with any special penal statutes involved.

V. PROCEDURAL ASPECTS IN CRIMINAL PROSECUTION FOR FRUSTRATED CRIMES

A. Preliminary Investigation and Filing of the Information

  1. Preliminary Investigation

    • As with other offenses punishable by at least four (4) years, two (2) months, and one (1) day imprisonment, the complaint must undergo preliminary investigation (Rule 112, Revised Rules of Criminal Procedure).
    • The prosecutor evaluates the evidence to determine if probable cause exists to hold the accused for trial for a frustrated crime.

  2. Drafting and Filing the Information

    • Once the prosecutor finds probable cause, an Information will be filed in the proper court.

B. Jurisdiction

  • Regional Trial Courts (RTCs) generally have jurisdiction over frustrated crimes with penalties exceeding six (6) years of imprisonment.
  • Metropolitan Trial Courts/Municipal Trial Courts in Cities may have jurisdiction over frustrated crimes if the imposable penalty falls within their jurisdictional threshold (i.e., does not exceed six (6) years, subject to statutory adjustments).

VI. DRAFTING THE INFORMATION FOR A FRUSTRATED CRIME

An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court (Section 4, Rule 110, Revised Rules of Criminal Procedure). Below are the crucial points in drafting an Information for a frustrated crime:

  1. Caption and Title of the Case

    • Indicate the name of the court and the proper title, e.g., “People of the Philippines vs. [Name of Accused].”

  2. Opening Paragraph

    • State that the undersigned prosecutor accuses the accused of the specific frustrated crime, referencing the relevant articles (e.g., Art. 249 in relation to Art. 6 of the RPC for frustrated homicide).

  3. Allegation of Date and Place

    • Specify the exact date, time, and place where the frustrated felony took place to comply with the rules on venue and ensure clarity.

  4. Identification of the Accused and the Victim

    • State the full name of the accused; if unknown, use “John Doe” or other available identifiers.
    • Identify the victim clearly.

  5. Essential Elements and Acts of Execution

    • Allege in detail all the acts performed by the accused showing that the accused had already completed or performed all acts of execution necessary to achieve the felony.
    • Allege the intention to commit the felony (e.g., the criminal design to kill).

  6. Non-Production of the Felony Due to Causes Independent of the Will

    • Clearly aver that the felony was not consummated due to reasons or causes beyond the control of the accused (e.g., immediate medical intervention that prevented the victim’s death).

  7. Qualifying or Aggravating Circumstances (if any)

    • If the offended party is a specific person (e.g., spouse, ascendant) that changes the nature of the crime (e.g., parricide, murder with qualifying circumstances), clearly state such circumstances as mandated by law and jurisprudence.
    • If any aggravating circumstance is present (e.g., treachery, evident premeditation, use of illegal firearms), it must be specifically alleged in the Information to be considered at the trial.

  8. Signature of the Prosecutor

    • The Information must be signed by the proper prosecutorial officer (City Prosecutor, Provincial Prosecutor, or their deputies).

Sample Structure of an Information for Frustrated Homicide

Republic of the Philippines
REGIONAL TRIAL COURT
[Judicial Region]
Branch [Number], [City/Province]

PEOPLE OF THE PHILIPPINES
Plaintiff,

– versus –

JUAN DELA CRUZ,
Accused.

Criminal Case No. ______

x-----------------------------------------x

INFORMATION

The undersigned Prosecutor hereby accuses JUAN DELA CRUZ of the crime of Frustrated Homicide, defined and penalized under Article 249 in relation to Article 6 of the Revised Penal Code, committed as follows:

That on or about the ___ day of _________, 20, in the City of ___________, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with the intent to kill and armed with a deadly weapon, did then and there willfully, unlawfully, and feloniously assault and stab one Pedro Santos, performing all the acts of execution that would have produced the crime of Homicide as a consequence, but which was not produced by reasons independent of the accused’s will, to wit: the timely and efficacious medical intervention which prevented the death of said Pedro Santos, thus leaving the said crime at its frustrated stage.

Contrary to law.

[Signature]
Prosecutor
Office of the City/Provincial Prosecutor

VII. LEGAL ETHICS CONSIDERATIONS

  1. Candor and Fair Dealing

    • Prosecutors must only file an Information if there is probable cause. There should be no suppression or misrepresentation of facts.

  2. Duty of the Prosecutor

    • Obligation to ensure that the person charged is indeed the one responsible, and that the correct stage of the offense (frustrated, attempted, or consummated) is charged.
    • If the facts do not support a frustrated crime but only an attempted or consummated offense, the prosecutor should charge the proper classification.

  3. Defense Counsel’s Responsibility

    • If representing the accused, counsel must diligently investigate whether the act truly reached the frustrated stage or only the attempted stage—or if evidence suggests there was no actual crime committed.

  4. Non-Malicious Prosecution

    • Lawyers must avoid filing malicious or unfounded Informations to harass or intimidate any accused.

VIII. REMEDIAL LAW HIGHLIGHTS

  1. Rule 110, Revised Rules of Criminal Procedure: Governs the contents of the complaint or Information (e.g., name of the accused, designation of the offense, acts or omissions constituting the offense, qualifying/aggravating circumstances).
  2. Rule 112 (Preliminary Investigation): Establishes the procedure for determining probable cause for offenses punishable by imprisonment of at least four (4) years, two (2) months, and one (1) day.
  3. Rule 114 (Bail): Once the Information for frustrated crime is filed, the court determines if the offense is bailable and the amount of bail, depending on the penalty and the circumstances.

IX. COMMON ISSUES & JURISPRUDENTIAL NOTES

  1. Correct Classification of the Offense

    • Prosecutors sometimes mislabel a crime as frustrated when the evidence might show an attempted stage or a consummated stage.
    • Courts look into the nature and extent of injuries, the actual circumstances leading to the non-consummation, and the medical findings.

  2. Extent of Injuries

    • In frustrated homicide (or murder), there must be a proof that the wound inflicted was mortal or would have caused death if not for timely medical attention.

  3. Intent to Kill vs. Physical Injuries

    • If there is insufficient proof of an intent to kill, the accused may be liable for frustrated serious physical injuries instead of frustrated homicide.

  4. Independent Causes

    • The crucial element that the non-consummation was caused by factors entirely outside the offender’s control.

  5. Use of Medical Testimony

    • Physicians’ or medical experts’ accounts often determine whether the injuries were indeed life-threatening and the victim survived only because of prompt treatment.

X. PRACTICAL TIPS FOR LAWYERS

  1. Verify All Elements Carefully

    • Before drafting the Information, ensure medical or circumstantial evidence supports the assertion that all acts of execution were done and that the non-consummation was due to independent causes.

  2. Properly Describe the Acts

    • Vague or inadequate details in the Information may lead to dismissal or an amendment that delays proceedings.

  3. Allege Qualifying Circumstances

    • For frustrated murder, you must allege the specific qualifying circumstance (e.g., treachery) in the Information. Otherwise, the crime may be downgraded.

  4. Consult Jurisprudence

    • For borderline cases—where it is unclear if the offense is only attempted—the prosecutor should carefully review Supreme Court decisions clarifying the boundary between attempted and frustrated stages.

  5. Observe Ethical and Professional Standards

    • Maintain candor, avoid forum shopping, and ensure compliance with procedural and substantive requirements.

XI. CONCLUSION

Frustrated crimes occupy a unique space in criminal law wherein the offender’s complete acts of execution do not lead to the intended criminal result due to independent causes. For a successful prosecution, it is crucial to:

  1. Clearly establish the offender’s intent and his having done everything to commit the offense;
  2. Provide evidence of the supervening factor that prevented consummation;
  3. Draft an Information that accurately includes all essential elements, states the proper stage of execution, and specifies any applicable aggravating or qualifying circumstances.

From a remedial law standpoint, prosecutors and defense lawyers alike must ensure adherence to the Rules of Criminal Procedure—particularly in the drafting and filing of Informations and in safeguarding the constitutional rights of the accused. From a legal ethics viewpoint, upholding honesty, fairness, and duty to the court and client remains paramount.

Done correctly, a well-prepared Information for a frustrated crime will withstand judicial scrutiny and uphold the interests of justice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login