Below is a comprehensive discussion of bail for frustrated murder in the Philippine legal context. This includes the relevant laws, procedural rules, jurisprudential guidelines, and practical considerations. While this serves as an overview of Philippine laws and practices related to bail and frustrated murder, please note that specific outcomes or procedures may vary depending on the facts of each case and the discretion of the court. For definitive legal advice, consulting a licensed Philippine attorney is always recommended.

1. Overview of the Crime of Frustrated Murder in the Philippines

1.1. Legal Basis Under the Revised Penal Code

Article 248 – Murder
- The Revised Penal Code (RPC) defines murder in Article 248 and imposes a penalty of reclusión perpetua to death when the killing is attended by qualifying circumstances (e.g., treachery, evident premeditation, cruelty, etc.).
Article 6 – Phases of Execution of Crimes
- Under Article 6 of the RPC, a felony is frustrated when the offender performs all acts of execution that would produce the felony as a consequence but, by reason of causes independent of the offender’s will, the felony is not consummated.
Penal Classification of Frustrated Murder
- Under Article 50 of the RPC, the penalty for a frustrated felony is generally one degree lower than the penalty prescribed for the consummated felony.
- Since murder is punishable by reclusión perpetua to death, frustrated murder is typically punishable by reclusión temporal (which ranges from 12 years and 1 day to 20 years).

1.2. Elements of Frustrated Murder

To charge someone with frustrated murder, the following must be established:

Intent to Kill (Animus Interficendi) – The accused must have the intention to take another person’s life.
Overt Acts – There must be acts executed toward the commission of murder (e.g., firing a gun at the victim, stabbing the victim).
Presence of a Qualifying Circumstance – Examples include treachery (alevosia), evident premeditation, taking advantage of superior strength, or other circumstances under Article 248. These distinguish murder from homicide.
Non-Consummation Due to Independent Causes – Despite the offender’s execution of all acts, the victim does not die due to causes outside of the offender’s control (e.g., immediate medical intervention, the victim’s sudden movement, the bullet missing vital organs, etc.).

Once these elements are present, the crime is classified as frustrated murder, not homicide.

2. Bail in the Philippine Legal Framework

2.1. Constitutional and Statutory Provisions

1987 Philippine Constitution, Article III, Section 13

“All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. …”
- This constitutional provision guarantees the right to bail except in certain circumstances (i.e., offenses punishable by reclusion perpetua, life imprisonment, or death when the evidence of guilt is strong).
Rules of Court, Rule 114 (Bail)
- This sets forth the procedures for granting or denying bail.
- Rule 114, Section 4 provides that bail is a matter of right before conviction in offenses not punishable by reclusion perpetua, life imprisonment, or death.
- For offenses punishable by reclusion perpetua or higher, bail becomes a matter of discretion and requires a bail hearing to determine whether the evidence of guilt is strong.

2.2. Bailable vs. Non-Bailable Offenses

Bailable Offenses as a Matter of Right
If the offense charged is punishable by a penalty lower than reclusion perpetua or life imprisonment, bail is granted as a matter of right prior to conviction. Courts typically hold summary proceedings to determine the amount and conditions of bail, but they do not conduct an extensive hearing on the strength of the evidence.
Non-Bailable Offenses or Discretionary Bail
If the offense charged is punishable by reclusion perpetua, life imprisonment, or death, bail is not automatically granted. The accused must file a petition for bail, and the prosecution is given the opportunity to show that the evidence of guilt is strong. If the court finds that the evidence of guilt is strong, bail is denied.

3. Frustrated Murder: Is It Bailable?

3.1. Penalty and Its Significance

Since murder is punishable by reclusión perpetua to death, the frustrated stage brings the penalty one degree lower—which is reclusión temporal. Reclusión temporal ranges from 12 years and 1 day to 20 years, which is below reclusión perpetua or life imprisonment.

Implication for Bail:

Because the maximum penalty for frustrated murder (reclusión temporal) is below reclusión perpetua or life imprisonment, the accused is generally entitled to bail as a matter of right before conviction.
No extensive bail hearing is typically required to determine the strength of the prosecution’s evidence, unlike for charges punishable by reclusión perpetua or life imprisonment.

3.2. Possible Variations

Complex Crimes
- If frustrated murder is charged as part of a complex crime (e.g., frustrated murder with assault upon a person in authority, or “special complex crimes” under certain circumstances), the penalty may change depending on the legal framework. In such rare scenarios, it is crucial to check whether the ultimate imposable penalty might reach reclusión perpetua. If so, bail could become discretionary rather than a matter of right.
If the Indictment is for Murder, but Alleged Acts Constitute a Frustrated Stage
- There are cases where the Information (criminal charge) might be for murder, but in reality, the victim survived. The prosecution might still charge the accused with murder in the event the victim later dies from injuries. In the interim (when the victim is alive and the crime is arguably frustrated or attempted), the court may look into the actual facts and possibly consider the appropriate penalty for determining bail.
- Defense counsel might move to reduce the charge to frustrated murder if the death has not occurred, and thereby secure bail as a matter of right.

4. Procedure for Applying for Bail

4.1. Filing a Bail Application

If the accused is detained for frustrated murder, they can file a motion to fix bail or a petition for bail. Since frustrated murder is bailable as a matter of right, the court should generally fix a bail amount in accordance with the guidelines set by:

Rule 114 of the Rules of Court
Department of Justice (DOJ) Bail Bond Guide or local court guidelines

4.2. Bail Hearing (If Necessary)

Typically, for crimes bailable as a matter of right, there is no need for a full-blown hearing. The court may conduct a summary hearing to determine the appropriate amount of bail.
The prosecution may oppose the amount or request conditions but cannot argue “strong evidence of guilt” as a bar to bail for frustrated murder, because the penalty does not reach reclusión perpetua or life imprisonment.

4.3. Determination of Bail Amount

Courts consider several factors in setting bail, including:

Nature of the offense and penalty
Character and reputation of the accused
Financial ability of the accused
Strength of the evidence of guilt (though less relevant here because the accused has the right to bail)
Probability of the accused appearing at trial and other flight-risk considerations
Risk to the community or risk of committing another offense

5. Conditions of Bail

Even when bail is a matter of right, courts can impose certain conditions:

Obligation to Appear
- The accused must appear at all court dates. Failure to do so can result in the forfeiture of the bail bond.
Travel Restrictions
- The accused might be required to surrender his passport or secure court permission before traveling outside the jurisdiction or abroad.
Compliance With Other Court Orders
- The accused may be directed to refrain from contacting or intimidating witnesses.

6. Revocation or Forfeiture of Bail

The bail granted to the accused can be revoked or forfeited if:

The accused violates any of the conditions of the bail.
The accused fails to appear in court without a valid reason.
The court later determines that the classification of the offense changes (e.g., if the victim dies and the charge is upgraded to consummated murder, which is punishable by reclusion perpetua, necessitating a new bail hearing).

7. Practical Considerations and Strategy

Immediate Motion to Fix Bail
- Defense counsel, upon arrest of the accused, should promptly file a motion to fix bail, citing that frustrated murder is punishable by reclusión temporal.
Reduction of Bail
- If the court sets a bail amount that is excessively high, the accused may petition for a reduction of bail, demonstrating lack of financial capacity and other mitigating factors.
Evidence of the Nature of Injuries
- If the prosecution inadvertently charges consummated murder but the victim survives, defense counsel should highlight that the crime, at best, is frustrated murder. This secures the right to bail.
Monitoring the Victim’s Condition
- Should the victim’s condition worsen, or should the victim later die from the injuries, the offense might be elevated to consummated murder. This could affect the accused’s bail status. The defense must closely monitor any developments regarding the victim’s health.

8. Relevant Jurisprudence

While there are numerous cases discussing bail, a few points of jurisprudence are repeatedly confirmed by the Supreme Court:

Offenses Punishable by Penalties Below Reclusión Perpetua
- Bail is a matter of right prior to conviction (Rule 114, Section 4).
- There is no requirement for a separate hearing on the strength of the prosecution’s evidence in these bailable offenses.
Right to Bail and Speedy Trial
- The Supreme Court has emphasized that the right to bail goes hand in hand with the right to a speedy trial. Courts must avoid unduly delaying bail hearings or the resolution of motions to fix bail.
Discretion in Setting Bail Amount
- Trial courts have a measure of discretion in setting the bail amount, but this must be exercised judiciously, taking into account the accused’s financial capacity and other relevant factors. An unduly high bail may infringe on the constitutional right to bail.

9. Conclusion

Frustrated murder in the Philippines—being one degree lower than murder—carries a penalty of reclusión temporal, which is below reclusión perpetua or life imprisonment. Consequently, an individual accused of frustrated murder typically enjoys the constitutional and statutory right to bail as a matter of right before conviction. This significantly simplifies and expedites the bail process compared to non-bailable offenses.

Nonetheless, once bail is granted, the accused must strictly adhere to the conditions laid down by the court. Violations, changes in the charge (e.g., escalation to consummated murder if the victim dies), or any other substantial developments could result in the modification or revocation of bail. In all stages, the guidance of competent legal counsel is crucial to navigate procedural requirements, protect constitutional rights, and ensure compliance with court orders.

Important Legal References

Philippine Constitution (1987), Article III, Section 13
Revised Penal Code (RPC), Articles 6, 248, 50, et seq.
Rules of Court, Rule 114 (Bail)
Relevant Supreme Court Decisions discussing bail for crimes with penalties lower than reclusion perpetua

Disclaimer: This information is for general educational purposes and should not substitute formal legal advice. Always consult a Philippine-licensed attorney for case-specific guidance.