Below is a comprehensive discussion on “Attempted Crimes” in the context of Philippine Remedial Law, Legal Ethics, and the preparation of criminal Informations. The focus is both substantive (i.e., what the law says about attempted felonies) and procedural (i.e., how to properly draft and file an Information for attempted crimes). This includes relevant references to the Revised Penal Code (RPC), the Rules of Court, and guidance on ethical considerations.
I. SUBSTANTIVE LAW FRAMEWORK
A. Definition of Attempted Crimes under the Revised Penal Code
Under the Philippine Revised Penal Code (RPC), felonies may be classified according to the stage of execution:
- Attempted
- Frustrated
- Consummated
Attempted Felony is defined in Article 6 of the RPC. A person commits an attempted felony when he “commences the commission of a felony directly by overt acts,” but does not perform all the acts of execution necessary to produce the felony due to some cause or accident other than his or her own spontaneous desistance.
1. Commencement of the Commission of a Felony
An offender must begin the actual execution by doing an overt act toward the intended felony. It is not mere planning or preparation; it must be the start of the criminal act itself.
2. Non-Performance of All Acts of Execution
To be in the attempted stage, the offender must fail to complete all of the acts that would ordinarily produce the felony.
3. Cause Other Than Spontaneous Desistance
The reason the offender did not finish the felony must be independent of his or her own voluntary stopping. This could be due to outside intervention, miscalculation, or any event beyond the offender’s control.
B. Distinction from Frustrated and Consummated Crimes
- Frustrated Felony (Article 6, RPC): The offender has performed all the acts of execution which would produce the felony as a consequence, but the felony is not produced due to causes independent of the will of the perpetrator.
- Consummated Felony: All acts of execution are performed and the felony is actually produced.
Hence, in an attempted felony, the offender begins the commission but does not reach the final stage of performance of all acts necessary to commit the crime.
C. Penalties for Attempted Crimes
The penalty for an attempted crime is generally two degrees lower than that prescribed by law for the consummated crime (Article 51, RPC). There are special laws or circumstances that may alter the application of penalties, but the guiding principle from the RPC is that attempts carry a lighter penalty than frustrated or consummated offenses.
II. REMEDIAL LAW PERSPECTIVE
A. Basic Requirements in the Filing of Criminal Actions
Under Section 2, Rule 110 of the Rules of Court, criminal actions in the Philippines are commenced by the filing of a complaint or an information in court for the purpose of prosecution. For offenses covered by the Revised Penal Code or special laws, typically a prosecutor (or authorized officer) prepares and files the Information.
B. Contents of the Information (Rule 110, Rules of Court)
An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. It must set forth the following:
- Name of the accused or any appellation by which he is known and, if his name is unknown, a fictitious name with a statement that his true name is unknown.
- Designation of the offense by the statute or the specific penal provision the accused is alleged to have violated.
- Acts or omissions complained of as constituting the offense, including the qualifying and aggravating circumstances, in ordinary and concise language so as to enable a person of common understanding to know what offense is being charged.
- Name of the offended party, if known.
- Approximate date of the commission of the offense.
- Place where the offense was committed.
C. Specifics for Attempted Crimes
When charging attempted crimes, it is crucial to properly reflect the elements of the attempt in the Information. The Information must:
- Allege the intended felony the accused had set out to commit (e.g., murder, homicide, theft, robbery, etc.).
- Allege the overt acts that commenced the commission of that felony.
- State that not all acts of execution were performed (that it did not reach the point of producing the felony or the act was not completed).
- Explain the cause of non-consummation (typically, “by reason or cause other than the spontaneous desistance of the accused” or by external causes).
Including these details is necessary so the accused will understand that the charge is for an attempted stage of a particular felony rather than for a frustrated or consummated felony.
III. LEGAL ETHICS CONSIDERATIONS
A. Prosecutor’s Duty
- Probable Cause Determination: Prosecutors must ensure there is adequate evidence that an attempted crime was committed. They must confirm that the acts done constitute more than mere preparation.
- Avoiding Harassment Suits: Prosecutors must guard against filing criminal Informations in bad faith or without sufficient evidence, as this is unethical and an abuse of process.
- Accuracy and Specificity: It is the ethical and professional responsibility of the prosecutor to accurately reflect the stage of the crime and the nature of the act in the Information. Misrepresentations can undermine a fair trial and due process.
B. Defense Counsel’s Duty
- Zealous Representation: Defense counsel must examine the elements to ensure that the complaint or Information indeed charges the proper stage (attempted vs. frustrated vs. consummated).
- Protecting Rights of the Accused: Defense counsel must invoke any defenses, including the argument that the accused’s conduct did not rise beyond mere preparation or the possibility of absolutory cause (e.g., spontaneous desistance before finishing the commission of the offense).
- Duty of Candor: The lawyer must be candid toward the court. Any misrepresentation—knowingly presenting false statements or evidence regarding the stage of the offense—violates legal ethics.
C. Court’s Duty
- Judicial Impartiality: The court must remain neutral, ensuring that the Information is based on probable cause and that it states all material allegations required by law.
- Protect the Rights of the Accused and the People: The court ensures that there is no undue prejudice against the accused and that justice is meted out according to the evidence and the proper stage of the crime.
IV. LEGAL FORMS: SAMPLE INFORMATION FOR AN ATTEMPTED CRIME
Below is a general template for an Information charging an attempted felony. Adapt and tailor it to the specific felony, facts, and circumstances.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch No.], [City/Province]
PEOPLE OF THE PHILIPPINES
Plaintiff,
- versus -
[NAME OF ACCUSED],
Accused.
CRIMINAL CASE NO. [_______]
For: Attempted [Felony]
(e.g., Attempted Homicide, Attempted Murder, etc.)
I N F O R M A T I O N
The undersigned [Prosecutor/Assistant Prosecutor/Officer Authorized by Law] accuses [Name of Accused] of the crime of Attempted [Specify Felony] committed as follows:
That on or about the __ day of _______, 20, in the [City/Province] of __________, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to [kill, steal, commit serious physical injuries, etc.] and having commenced the commission of such offense by overt acts, did then and there willfully, unlawfully, and feloniously [state the specific overt acts committed, e.g., “attack, assault, and use personal violence upon [Name of Victim] by aiming a firearm and pulling the trigger…”], thus commencing the commission of the said offense directly by overt acts, but the accused did not perform all the acts of execution which would have produced the crime of [Murder/Homicide/Robbery], by reason of causes other than his/her own spontaneous desistance, to wit: [explain the external or intervening cause, e.g., “the firearm malfunctioned,” “the victim ran away,” or “someone grabbed the accused’s arm”].
Contrary to law.
[Date and Place of Execution of the Information]
[Signature of Prosecutor] [Name and Position]
Important Notes in Drafting
- Precisely identify the intended crime: If it is attempted homicide, mention that the accused intended to kill the victim.
- Allege the essential elements: Clearly indicate the act was started but not completed.
- Outline the intervening cause: Show that the non-consummation was due to something beyond the accused’s control (and not because of his/her voluntary abandonment).
- Date and place: Always be specific, as it is crucial for jurisdiction and the accused’s right to be informed of the nature of the charge.
- Keep it concise, direct, and in plain language: This fosters clarity for both the court and the parties.
V. BEST PRACTICES AND PRACTICAL TIPS
- Double-Check the Evidence: Before filing an Information for an attempted crime, ensure that the acts alleged indeed go beyond mere planning/preparation and represent an actual commencement of execution.
- Coordinate with Law Enforcement: Gather clear evidence of the overt acts and the cause of non-consummation (witness statements, physical evidence, CCTV footage, etc.).
- State the Stage of Execution: Use the words “attempted,” “did not perform all the acts of execution,” or “by reason of causes other than the accused’s spontaneous desistance” in the Information to pin down the precise stage.
- Avoid Overcharging: Overcharging or incorrectly charging a frustrated or consummated felony when the facts only show an attempt can result in dismissal or acquittal.
- Ensure Strict Compliance with Form: Failure to follow the formal requirements can result in a motion to quash.
- Amend or Move to Quash if Necessary: If new evidence surfaces indicating the crime was frustrated or even consummated, the Information may be amended before plea (Rule 110, Section 14). If the charge is defective, a motion to quash (Rule 117) may be filed.
VI. RELEVANT JURISPRUDENCE
- People v. Lizada, G.R. No. 129192
- Emphasizes the difference between mere preparation and commencement of execution.
- People v. Lamahang, G.R. No. L-11551
- Illustrates the necessity of showing overt acts and an external reason the crime was not consummated.
- People v. Oanis, G.R. No. L-47722
- While known more for entrapment aspects, it likewise underscores the importance of the stage of commission.
(Note: These are cited as classic references; always verify their applicability and any supervening jurisprudence.)
VII. CONCLUSION
Attempted crimes occupy a critical niche in the Philippine criminal justice system, recognizing that culpability arises even when the offender has not completed all the acts needed to produce the offense. From a remedial law standpoint, drafting a proper Information for an attempted felony requires careful articulation of (a) the intended felony, (b) the overt act(s), and (c) the intervening cause that prevented completion.
Ensuring accuracy and precision in the allegations is indispensable for upholding the accused’s constitutional right to be informed of the charges and for maintaining the integrity of the criminal justice system. Ethical considerations guide prosecutors to file only well-founded cases and guide defense counsel to scrutinize each element, particularly the distinction between planning/preparation and commencement of execution.
Through meticulous drafting, adherence to the Rules of Court, and upholding the canons of professionalism, practitioners can effectively handle prosecutions and defenses for attempted crimes in the Philippines.