Below is a comprehensive discussion on “Frustrated Murder versus Homicide” within the Philippine legal context, focusing on definitions, elements, penalties, and illustrative notes based on the Revised Penal Code and relevant jurisprudence. This overview is meant for general informational purposes only and does not constitute legal advice.

1. Definitions and Overview

A. Homicide (Article 249, Revised Penal Code)

Homicide in Philippine law is the unlawful killing of any person which is not characterized by any of the qualifying circumstances that would elevate it to murder, parricide, or infanticide. In essence, homicide involves:

A person was killed.
The accused killed the person without lawful justification (e.g., self-defense, defense of a relative, lawful performance of a duty, etc.).
There was intent to kill.
None of the specific qualifying circumstances for murder (e.g., treachery, premeditation, etc.) are present.

B. Murder (Article 248, Revised Penal Code)

Murder, on the other hand, is the unlawful killing of a person under certain qualifying circumstances enumerated in Article 248 of the Revised Penal Code. These circumstances include:

Treachery (alevosía),
Taking advantage of superior strength,
Use of means to weaken the defense or of means or persons to insure or afford impunity,
Premeditation,
Cruelty,
Others explicitly listed under Article 248.

Once proven that at least one of these qualifying circumstances accompanied the killing, the crime is classified as Murder (provided that it does not fall under Parricide or Infanticide).

2. Stages of Execution of Crimes Against Persons

Under Article 6 of the Revised Penal Code (RPC), a felony (crime) may be committed in three stages:

Attempted – The offender commences the commission of the felony directly by overt acts, but does not perform all the acts of execution.
Frustrated – The offender performs all the acts of execution which would produce the felony as a consequence, but the felony is not produced by reasons independent of the will of the perpetrator.
Consumed/Completed – All elements necessary for the accomplishment of the felony are present and it is carried out successfully.

The difference between frustrated and attempted stages lies in the near-completion of the crime. In a frustrated crime, the offender has already performed every act that should result in the victim’s death, and those acts would ordinarily cause death under ordinary circumstances, but somehow the victim survives due to timely medical intervention or other factors beyond the offender’s control.

3. Frustrated Murder

A. Definition

A crime is classified as Frustrated Murder if:

The accused performed all acts of execution to kill the victim;
The victim would have died under typical circumstances;
One or more of the qualifying circumstances for Murder (Article 248) is present (e.g., treachery, abuse of superior strength, premeditation, etc.);
The victim did not die for reasons independent of the accused’s will (e.g., timely medical intervention, sheer luck, or other factors).

The presence of any qualifying circumstance elevates the nature of the crime from homicide to murder; hence, if the crime is interrupted after all acts are done but the victim survives, it is Frustrated Murder rather than Frustrated Homicide.

B. Examples of Qualifying Circumstances

Treachery (alevosía): The offender employed means, method, or form in the execution of the crime which tended to directly and specially ensure its execution without risk to himself arising from the defense which the offended party might make. Example: Shooting the victim suddenly from behind without warning.
Evident Premeditation: There must be proof that (1) the accused decided to commit the crime; (2) there was a lapse of sufficient time between conception and the execution of the plan; and (3) the accused persisted in the plan. Example: The offender waited hours or days for the victim, demonstrating a planned and conscious decision to kill.
Abuse of Superior Strength: The offender used excessive force disproportionate to any means of defense available to the victim. Example: Several armed attackers ganging up on an unarmed victim.

C. Penalty for Frustrated Murder

Under the Revised Penal Code, the penalty for frustrated felonies is one degree lower than that prescribed for the consummated felony. Murder, when consummated, is punished by reclusion temporal in its maximum period to reclusion perpetua (depending on mitigating/aggravating circumstances). Hence, frustrated murder would carry a penalty typically one degree lower than that range, e.g., reclusion temporal in its medium period as a starting point, subject to additional circumstances that may adjust the penalty.

4. Homicide (Consummated, Frustrated, and Attempted)

A. Homicide Proper (Consummated)

The unlawful killing of a person, without the presence of any qualifying circumstance that would elevate it to murder or any other special complex crime (parricide, infanticide).
Punished under Article 249 with reclusion temporal.

B. Frustrated Homicide

Occurs when the accused has performed all acts to kill the victim, but the victim survives due to reasons independent of the accused’s will.
No qualifying circumstances that would turn it into frustrated murder.
As with frustrated murder, the penalty is one degree lower than the penalty for consummated homicide.

5. Distinguishing “Frustrated Murder” from “Homicide” (Consummated or Frustrated)

Presence of Qualifying Circumstance:
- Frustrated Murder must involve at least one of the qualifying circumstances (treachery, evident premeditation, etc.).
- Homicide (whether frustrated or consummated) has none of these qualifying circumstances.
Stage of Execution (Frustrated vs. Consummated):
- Frustrated Murder and Frustrated Homicide share the common factor that the victim did not die.
- Consummated Homicide is a completed killing of a victim without qualifying circumstances.
Penalties:
- Consummated Murder usually carries a heavier penalty (up to reclusion perpetua) than consummated homicide (reclusion temporal).
- The frustrated stage imposes a penalty one degree lower than the consummated stage. Thus, frustrated murder will typically still carry a higher penalty range than frustrated homicide, because it retains the more serious classification owing to the presence of a qualifying circumstance.
Intent to Kill:
- Both murder and homicide require intent to kill. This can be proven by the use of a deadly weapon, the nature and number of wounds inflicted, the utterance of threats, or other indicative acts.
- The difference rests on whether specific elements (qualifying circumstances) transform the act from homicide to murder.

6. Points in Philippine Jurisprudence

Medical Intervention and Independent Causes: Philippine Supreme Court rulings emphasize that for frustrated stages, the victim’s survival is due to causes beyond the offender’s control (e.g., victim rushed to the hospital, bullet missing vital organs unexpectedly, presence of immediate first aid, etc.).
Treachery Must Be Proven Clearly: For a crime to be qualified by treachery (and thus become murder or frustrated murder), it must be shown that the means of execution were deliberately chosen to ensure the victim’s helplessness. Suspicion of treachery without clear proof is insufficient.
Immediate Filing of Criminal Charges: Prosecutors will charge the crime based on initial evidence of the attacker’s intent to kill and the presence of qualifying circumstances. However, the final characterization (frustrated murder or homicide) often depends on what is proven during trial.

7. Illustrative Scenario

Scenario for Frustrated Murder:
An assailant waits at night for the victim and shoots him in the back several times without warning (treachery). The attacker flees believing the victim will surely die. However, the victim is saved by emergency surgery. Since the attacker performed all the acts that would ordinarily have caused the victim’s death, but the victim did not die for reasons independent of the attacker’s will, the crime committed is Frustrated Murder.
Scenario for Homicide (Consummated):
Two individuals get into a fistfight. One pulls out a knife in the heat of passion and stabs the other, causing his death. There is no proof of treachery, premeditation, or any other qualifying circumstance. The offense is Homicide, consummated.
Scenario for Frustrated Homicide:
In a sudden quarrel, a person stabs another once with a kitchen knife. The blow would typically be fatal, but immediate medical intervention saves the victim’s life. No qualifying circumstance is alleged or proven. The crime would be Frustrated Homicide.

8. Practical Considerations

Burden of Proof:
- The prosecution must prove beyond reasonable doubt (a) the intent to kill; (b) that all acts of execution necessary to kill were completed; (c) the presence of the qualifying circumstance for murder; and (d) that the victim’s survival was due to causes independent of the offender’s will.
Proper Charge:
- Law enforcement and prosecutors generally determine whether the facts and evidence suggest homicide or murder. The presence of any qualifying circumstance should be alleged in the information (the charging document) to properly charge murder or frustrated murder.
Defenses:
- Accused individuals often argue lack of intent to kill or absence of any qualifying circumstance. They may also invoke self-defense, defense of a relative, or defense of a stranger if the facts so warrant, but these are special defenses requiring proof of unlawful aggression and reasonable necessity of means employed to repel it.
Physical and Forensic Evidence:
- Wound location, medical findings, ballistic reports, and any type of documented evidence are crucial in showing the nature of the aggression and whether it was deliberate and attended by any qualifying circumstance.
Penalties and Civil Liability:
- Apart from criminal penalties, the accused (once convicted) will also be civilly liable (damages to the victim or victim’s heirs). For frustrated felonies, the victim may claim compensation for medical expenses, lost wages, moral damages, etc.

9. Conclusion

In the Philippine setting, the distinction between frustrated murder and homicide hinges primarily on whether a qualifying circumstance is present (elevating the crime to murder) and the stage of execution (whether the acts led to the near-completion of the crime).

Homicide is the killing of a person not attended by any of the qualifying circumstances listed under murder.
Murder arises when at least one qualifying circumstance exists.
Frustrated murder or homicide occurs if the victim survives due to external factors independent of the offender’s will after the offender has already performed all the acts that would have otherwise brought about the victim’s death.

Understanding these distinctions ensures that the crime is properly charged and penalized under Philippine law. If you are involved in a legal case concerning these matters, consulting with a licensed attorney to examine the specific facts and evidence is essential.