Criminal Defense for Attempted Homicide Charges in the Philippines
(For informational purposes only; this does not constitute legal advice.)

1. Introduction

Under Philippine law, attempted homicide is a serious criminal offense. It involves an overt act intended to kill a person without accomplishing the unlawful result of death. Defending against such a charge requires a thorough understanding of the legal definitions, elements, penalties, and available defenses under the Revised Penal Code (RPC) of the Philippines, as well as knowledge of procedural rules and relevant jurisprudence.

This article aims to provide a comprehensive overview of the essential aspects related to criminal defense for attempted homicide charges in the Philippine context.

2. Legal Basis and Definition

2.1. The Revised Penal Code

The primary legal source for homicide-related offenses in the Philippines is Act No. 3815, also known as the Revised Penal Code (RPC). Articles 249, 250, and 6, among others, are particularly relevant when dealing with attempted homicide.

Article 249 (Homicide) – Defines homicide as any person who, not falling under the provisions of parricide or infanticide, kills another without the attendance of qualifying circumstances of murder or other special cases.
Article 6 (Stages in the Commission of Crimes) – Provides that there is an attempt when the offender commences the commission of a felony directly by overt acts, but does not perform all the acts of execution that should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

2.2. Elements of Attempted Homicide

An accused is said to commit attempted homicide if the following elements are present:

Intent to kill – The offender’s primary purpose is to cause the death of the victim.
Overt act of execution – The offender has started performing acts that would naturally lead to the commission of homicide (e.g., shooting a gun aimed at the victim, stabbing with a knife).
Failure to perform all the acts of execution – The offender is prevented or fails to complete the crime due to some outside force, cause, or accident (not due to voluntary desistance on the offender’s part).
No qualifying circumstances – The act does not qualify as attempted murder (i.e., no treachery, premeditation, or other qualifying circumstances).

3. Penalties for Attempted Homicide

Under Article 51 in relation to Articles 6 and 249 of the RPC, penalties vary depending on the stage of execution (attempted, frustrated, or consummated).

Penalty for Attempted Homicide:
The penalty for attempted crimes is typically two degrees lower than that prescribed for the consummated felony. Since the penalty for homicide (consummated) under Article 249 is reclusion temporal (12 years and 1 day to 20 years in its full range), attempted homicide typically carries a lower range of prisión correccional (6 months and 1 day to 6 years, in its full range), subject to the court’s discretion and consideration of other mitigating or aggravating circumstances.

4. Building a Defense Against Attempted Homicide

4.1. Possible Defenses

Lack of Intent to Kill
Proving that the accused did not have the specific intent to kill is a common defense. The prosecution must establish intent to kill, which can be inferred from the means used, the location of wounds, or the behavior of the accused.
Mistake of Fact or Lack of Criminal Mind (Mens Rea)
If the accused can show that the act was done under a mistaken but reasonable belief of fact (and not due to negligence or recklessness), this can negate criminal liability.
Self-Defense or Defense of a Relative/Stranger
Under Article 11 of the RPC, the justifying circumstances of self-defense, defense of a relative, or defense of a stranger can exempt the accused from criminal liability. To successfully invoke self-defense, all the following must be proven:
- Unlawful aggression by the victim.
- Reasonable necessity of the means employed to prevent or repel the aggression.
- Lack of sufficient provocation on the part of the person defending himself.
Other Justifying Circumstances
- State of Necessity: Where a wrongful act is committed to avoid a greater evil or injury.
- Fulfillment of a Duty or Lawful Exercise of Right/Office: When a public officer acts in the proper discharge of duty.
Incomplete Justifying or Exempting Circumstances
When one or two of the requisites for a justifying circumstance are present but not all, the accused may still benefit from a mitigating circumstance (rather than a complete defense).
Alibi and Denial
As a rule, alibi is considered a weak defense unless proven with clear and convincing evidence—particularly that the accused was in another place such that it was physically impossible for them to be at the scene of the crime.

5. Procedural Aspects

5.1. Arrest and Inquest

If the accused is arrested without a warrant (i.e., via a warrantless arrest allowed by law due to the commission of a crime in flagrante delicto), an inquest proceeding typically follows. The prosecutor determines whether there is sufficient basis to file the charge in court.

5.2. Preliminary Investigation

If no inquest is required (e.g., the accused is not in custody or the arrest was not done in flagrante delicto), the standard process of filing a complaint with the prosecutor’s office and holding a preliminary investigation applies. The prosecution will assess the evidence to determine probable cause.

5.3. Arraignment and Plea

Once formally charged, the accused will be arraigned in court where they enter a plea of guilty or not guilty. At this stage, legal representation is crucial for entering the appropriate plea and understanding the nature of the charges.

5.4. Trial

During the trial, the prosecution must establish beyond reasonable doubt the existence of all the elements of attempted homicide. The defense, in turn, will present evidence and witnesses to dispute or negate these elements or to prove justifying or exempting circumstances.

5.5. Judgment and Possible Appeals

If the accused is found guilty, the court imposes the appropriate penalty. The convicted person may file an appeal to the Court of Appeals or the Supreme Court on questions of fact or law.

6. Mitigating and Aggravating Circumstances

When a judge imposes a penalty, they consider the presence of mitigating or aggravating circumstances:

Mitigating Circumstances include voluntary surrender, incomplete self-defense, or intoxication (if not habitual and not intended to commit the offense).
Aggravating Circumstances include treachery (alevosia), evident premeditation, nighttime (if purposely sought for crime commission), or the use of superior strength, among others.

Such circumstances can influence the court’s determination of the specific prison term within the penalty range.

7. Civil Liability and Damages

Criminal prosecution for attempted homicide often comes with potential civil liability. Even if death did not result, the accused may be ordered to pay for:

Actual Damages – Medical expenses or other direct costs incurred by the victim.
Moral Damages – Compensation for the victim’s mental or emotional suffering.
Exemplary Damages – Imposed by the court when aggravating circumstances are present, to set an example or to deter similar acts.

8. Relevant Jurisprudence

Philippine jurisprudence provides guidance on how courts interpret and apply the law in attempted homicide cases. Some key points noted in relevant Supreme Court decisions include:

The importance of intent to kill as gleaned from the means used and nature of the assault (e.g., People v. Cañete).
The difference between attempted homicide and slight physical injuries often hinges on whether the prosecution can prove an intent to kill. In the absence of intent to kill, the crime may be reduced to physical injuries (e.g., People v. Salcedo).
The role of qualifying circumstances (like treachery) in determining whether the charge should be attempted murder instead of attempted homicide (e.g., People v. Manzano).

9. Practical Tips for Accused Individuals

Secure Competent Legal Counsel
As soon as possible, consult an attorney experienced in criminal law to guide you through the complexities of the criminal justice process.
Gather and Preserve Evidence
Photographs, documents, or witness accounts supporting your defense should be collected quickly. Evidence can include CCTV footage, medical records, and other relevant proof of events.
Document All Events
Keep a record of the incident details—location, time, people present. Consistency in your statements before the police, prosecutor, and court is crucial.
Cooperate with Legal Proceedings
Attend all hearings, respond to subpoenas, and comply with court orders to avoid complications such as the issuance of a warrant of arrest or being declared in contempt.
Maintain Good Courtroom Demeanor
Show respect to the court, dress appropriately, and follow the legal advice of your counsel. This reflects credibility and responsibility.

10. Conclusion

Defending against an attempted homicide charge in the Philippines is a multi-faceted process that hinges on careful legal strategy, an understanding of substantive law under the Revised Penal Code, and attention to procedural rules. Accused individuals should aim to secure capable legal representation, be proactive in gathering evidence, and remain fully engaged in the litigation process.

While this article provides a broad overview, every case has unique facts and circumstances that can significantly affect the outcome. Thus, consultation with a licensed attorney knowledgeable in Philippine criminal law is strongly advised to formulate the best defense approach.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Specific cases require consultation with a qualified lawyer who can address the particular facts and legal circumstances involved.