Attempted Homicide Charges in the Philippines: A Comprehensive Guide
1. Statutory Foundations
| Provision | Key Content |
|---|---|
| Article 6, Revised Penal Code (RPC) | Defines attempted, frustrated and consummated felonies. An act is attempted when the offender commences the commission of a felony by overt acts but does not perform all the acts of execution by reason of causes independent of his will. |
| Article 249, RPC | Defines and punishes homicide (killing a person without the qualifying circumstances of murder, parricide or infanticide); penalty: reclusión temporal (12 years & 1 day – 20 years). |
| Article 51, RPC | For attempted felonies whose consummated form carries an indivisible or divisible penalty, impose a penalty two degrees lower, and apply the maximum period of that lower penalty. |
Result:
Attempted homicide is punished with prisión correccional in its maximum period: 4 years, 2 months & 1 day – 6 years.
2. Elements of Attempted Homicide
- Overt Act: The accused began to execute acts which would directly result in a person’s death (e.g., stabbing, shooting, strangling).
- Incomplete Execution: The offender failed to perform all acts of execution because of a cause independent of his will (e.g., intervention of by‑standers, weapon jammed, victim escaped).
- Intent to Kill (Animus Interficendi): Proven by the nature of the assault, weapon used, trajectory of wounds, utterances, or surrounding circumstances.
- Victim Alive: The would‑be victim survived without mortal wounds that would have caused death without timely medical aid (else the crime is frustrated homicide).
- No Qualifying Circumstance for Murder/Parricide/Infanticide: If any exists, the proper charge is attempted murder/parricide/infanticide.
3. Distinguishing Attempted vs. Frustrated vs. Consummated
| Stage | Completion of Acts of Execution | Result to Victim | Example |
|---|---|---|---|
| Attempted | Not all acts of execution performed | Victim alive | Shooter fires but misses because others grab his arm. |
| Frustrated | All acts performed | Victim alive only because of external factors (e.g., surgery) | Shooter hits victim’s chest; wounds would have been fatal without prompt medical care. |
| Consummated | All acts performed | Victim dies | Shooter’s bullet kills victim. |
4. Penalties, Accessory Penalties & Probation
| Item | Details |
|---|---|
| Principal penalty | As noted, prisión correccional maximum (4y‑2m‑1d to 6y). |
| Indeterminate Sentence Law | Courts usually impose an indeterminate range: prisión correccional minimum–medium as minimum; prisión correccional maximum as maximum. |
| Probation eligibility | Possible if the maximum term imposed ≤ 6 years and no disqualifying factor (e.g., previous conviction ≥ 1 year, conviction of another offense while on probation). |
| Accessory penalties | Suspension from public office and the right to follow professions for the duration of the principal penalty (Art. 43 RPC). |
| Good Conduct Time Allowance (GCTA) | R.A. 10592 credits GCTA while in detention or sentence service, subject to BJMP/BuCor rules. |
5. Aggravating & Mitigating Circumstances
Relevant provisions: Arts. 13–14.
- Generic aggravating (e.g., treachery, evident premeditation, abuse of superior strength). If present, charge is ordinarily attempted murder, not homicide.
- Privileged mitigating (e.g., minority, incomplete self‑defense) can lower penalty by one or two degrees.
- Ordinary mitigating (e.g., voluntary surrender, plea of guilty) affects the period of the penalty imposed.
6. Procedure & Bail
| Stage | Notes |
|---|---|
| Filing | Information filed by the prosecutor before the RTC (if max > 6 yrs) or MTC (if max ≤ 6 yrs). Attempted homicide falls within MTC jurisdiction when the imposable penalty does not exceed 6 years. |
| Bail | Bailable as a matter of right before conviction (Art. 145, Rules of Court). Typical recommended bail ₱36,000–₱60,000 but discretionary. |
| Plea‑bargaining | Accused charged with attempted murder may be allowed to plead guilty to attempted homicide if the private complainant and court consent (A.M. 18‑03‑16‑SC Plea‑Bargaining Guidelines). |
| Prescription | Crime prescribes in ten (10) years (Art. 90, RPC – crimes punishable by correctional penalties). A warrant or filing of information interrupts prescription. |
7. Civil Liability
- Actual damages (hospital bills, loss of earnings).
- Moral damages (mental anguish, sleepless nights).
- Exemplary damages when an aggravating circumstance attends the crime.
- Temperate damages when some pecuniary loss occurred but the amount cannot be proved with certainty.
- Attorney’s fees in proper cases.
Solidary liability attaches to principals, accomplices and accessories according to Article 110.
8. Illustrative Jurisprudence
| Case | G.R. No. | Date | Key Doctrine |
|---|---|---|---|
| People v. Atop | 14653 | Apr 30 1960 | Swinging a bolo but being stopped before striking—attempted homicide; animus interficendi inferred from words “Mamatay ka!”. |
| People v. Racal | 11512 | Oct 31 1959 | Firing at victim thrice but missing; presence of intent to kill even if the distance was several meters. |
| People v. Dionisio | L‑2693 | Jan 22 1951 | Knife thrust at vital part frustrated when weapon seized; distinction between attempted and frustrated discussed. |
| People v. Dimaano | 35727 | Mar 29 1974 | Medical intervention decisive—therefore frustrated, not attempted. |
| People v. Lucaylucay | 10905 | Feb 17 1993 | Throwing a stone aiming at head; court held intent to kill absent—only physical injuries. |
(While older, these rulings are still frequently cited; no major doctrinal reversal as of April 21 2025.)
9. Common Defenses
- Complete or Incomplete Self‑Defense – Requires unlawful aggression on victim’s part.
- Accident or Lack of Intent to Kill – Shifts charge to physical injuries if proven.
- No Overt Act – Mere threats or preparation is not punishable (Art. 6).
- Alibi & Denial – Weak unless location makes commission impossible.
- Mistake of Fact – Negates intent if the accused honestly believed deadly force was necessary.
10. Practical Tips for Practitioners
For Prosecutors
- Emphasize animus interficendi; present trajectory analysis, weapon type, and statements.
- Charge attempted murder whenever a qualifying circumstance is evident—even if imperfect (e.g., stabbing from behind).
For Defense Counsel
- Scrutinize medical findings: if no vital organ was threatened, argue lack of intent to kill.
- Explore plea‑bargain to serious/less serious physical injuries to reduce exposure.
For Law Enforcement
- Secure the weapon, document injuries, photograph scene; these prove overt acts and intent.
For Victims
- Keep medical records and receipts; vital for civil damages.
- Attend preliminary investigation hearings to oppose downgrading of the charge if warranted.
11. Emerging Issues (2024–2025)
- Expanded plea‑bargaining under A.M. 18‑03‑16‑SC increasingly allows attempted homicide pleas in cases originally filed as attempted murder, accelerating docket reduction.
- Barangay Justice System (Katarungang Pambarangay): Proposed amendments to allow barangay mediation for attempted felonies only when the imposable penalty is ≤ 4 years, which would exclude attempted homicide; bill pending as of early 2025.
- Use of Body‑Worn Cameras (RA 11332 rules): Evidentiary value of footage has begun to bolster or negate intent‑to‑kill allegations in metro police districts.
12. Conclusion
Attempted homicide occupies a crucial niche between threats and graver felonies causing death. The prosecution must prove intent to kill and overt acts cut short by circumstances beyond the offender’s control. Because it carries a correctional penalty, it is bailable and may be heard in first‑level courts, yet the civil liability and social stigma remain considerable. Mastery of the nuanced doctrinal distinctions—especially versus frustrated homicide and attempted murder—enables accurate charging, effective defense, and fair adjudication under Philippine law.