Penalty Reduction Upon Confession in Frustrated Murder
(Philippine criminal-law perspective, as of 24 April 2025)
1. What is frustrated murder?
| Element | Summary |
|---|---|
| Unlawful act | An assault that would constitute murder had death supervened. |
| Qualifying circumstance(s) | Any of those enumerated in Art. 248 RPC (treachery, price/reward, etc.). |
| Stage of execution | Frustrated: All acts of execution are performed and would normally produce death but the victim survives due to causes independent of the offender’s will (Art. 6, par. 2). |
2. Basic penalty framework
- Consummated murder – Reclusion perpetua to death (Art. 248 as amended by R.A. 7659; death now replaced by reclusion perpetua without parole under R.A. 9346).
- Next lower degree for the frustrated stage – Determined by Art. 50 in relation to Art. 61 (2):
Lesser of the two indivisible penalties = reclusion perpetua → one degree lower = reclusion temporal maximum (17 years 4 months 1 day – 20 years).
Hence, before any modifying circumstances, frustrated murder is punished by reclusion temporal maximum.
3. “Confession” as a mitigating circumstance
| Kind of confession | Mitigating? | Requisites |
|---|---|---|
| Judicial confession / plea of guilty (Art. 13 ¶7) | Yes | (a) Spontaneous; (b) Made in open court; (c) Entered before the prosecution begins presenting evidence. |
| Extrajudicial confession (e.g., to the police) | No | May be admissible if constitutional safeguards are met, but never mitigating. |
Key point: The benefit flows only from the plea itself; an apology during trial or a belated plea after trial has started does not mitigate.
4. How the plea of guilty affects the penalty
The plea of guilty is an ordinary (not privileged) mitigating circumstance. Apply Art. 64:
| Situation | Rule | Resulting maximum penalty for frustrated murder |
|---|---|---|
| One mitigating, no aggravating | Impose the prescribed penalty in its minimum period (Art. 64 ¶2). | Reclusion temporal maximum, minimum period → 17 y 4 m 1 d – 18 y 8 m. |
| Two or more mitigating, no aggravating (e.g., plea of guilty plus voluntary surrender) | Lower the penalty by one degree (Art. 64 ¶5). | Reclusion temporal medium (14 y 8 m 1 d – 17 y 4 m). |
| Aggravating circumstance present (e.g., evident premeditation) | Each aggravating cancels one ordinary mitigating. If more aggravating than mitigating, escalate periods per Art. 64 ¶3. | Possibly reclusion temporal maximum, medium to maximum period or even reclusion perpetua if offsetting results dictate. |
5. Indeterminate Sentence Law (Act 4103, as amended)
Because the penalty as finally adjusted remains divisible, the court must impose:
- Maximum term – within that adjusted penalty (e.g., reclusion temporal maximum, minimum period).
- Minimum term – within the penalty next lower in degree to the adjusted maximum.
Example: With one mitigating circumstance and no aggravating:
• Maximum: 17 years 4 months 1 day.
• Minimum: anywhere within prisión mayor maximum (10 y and 1 d – 12 y).
This makes early release through parole possible after the minimum term and Good Conduct Time Allowance (R.A. 10592).
6. Procedural safeguards when pleading guilty to a capital offense
Although death is no longer imposable, murder is still a capital (formerly death-eligible) felony. The Supreme Court requires:
- Searching inquiry by the judge to ensure the plea is voluntary and informed.
- Presentation of prosecution evidence despite the plea (Rule 116 §3, People v. Buyco, People v. Derilo).
- Assistance of counsel de parte or de oficio.
- Written judgment stating that the plea was considered as mitigating.
Failure to observe these steps is reversible error.
7. Illustrative jurisprudence on penalty reduction via confession
| Case | Facts | Ruling on penalty |
|---|---|---|
| People v. Bustinera, G.R. 148233 (17 Sep 2002) | Frustrated murder; accused pleaded guilty before trial. | Reclusion temporal maximum, minimum period (17 y 4 m 1 d–18 y 8 m). |
| People v. Abellanosa, G.R. 136635 (20 Feb 2001) | Plea of guilty plus voluntary surrender. | Penalty lowered one degree to reclusion temporal medium. |
| People v. Dullin, G.R. 144282 (10 Jun 2003) | Aggravated by treachery and evident premeditation; plea of guilty entered. | One mitigating offset; court still imposed reclusion temporal maximum, medium period. |
8. Ancillary consequences of the plea
- Civil liability (Arts. 100-104) is not affected by mitigation; actual, moral and exemplary damages remain.
- Parole eligibility: Offender must first serve the minimum indeterminate term and meet Board of Pardons & Parole guidelines.
- Plea bargaining: The prosecutor may recommend acceptance of a plea to frustrated homicide (Art. 249) only if the offended party consents and the evidence does not clearly establish qualifying circumstances— otherwise the court may refuse.
- Record of conviction: Even with a reduced penalty, the finding of “frustrated murder” remains and has recidivist implications for future prosecutions.
9. Interaction with special statutes
| Statute | Impact |
|---|---|
| R.A. 9346 (Abolition of Death Penalty) | Does not alter the degree computation; it merely bars imposition of death and automatic parole ineligibility for reclusion perpetua. |
| R.A. 10592 (Expanded GCTA) | Confession has no direct effect, but early acknowledgment of guilt often leads to better conduct records, shortening actual prison time. |
| R.A. 9344 (Juvenile Justice) | If the offender is a minor, discernment must be proved; diversion or suspended sentence may apply notwithstanding a plea of guilty. |
10. Practical checklist for counsel
- Confirm timing – Enter the plea before any evidence is offered.
- Assess aggravating facts – If at least one exists, weigh whether the plea still materially benefits the accused.
- Document voluntariness – Have the client sign a detailed sworn statement to support the court’s “searching inquiry.”
- Compute indeterminate ranges in advance to manage client expectations.
- Negotiate civil damages concurrently; a sincere confession sometimes prompts the offended party to accept a settlement, which in turn may be considered by the court in fixing damages.
Key Take-aways
- In frustrated murder, the baseline penalty is reclusion temporal maximum (17 y 4 m 1 d – 20 y).
- A properly-timed plea of guilty is an ordinary mitigating circumstance that (absent aggravating factors) moves the penalty down to its minimum period.
- Combine the plea with another mitigating (e.g., voluntary surrender) and, under Art. 64 ¶5, the court may drop the penalty by a full degree to reclusion temporal medium.
- After the final penalty is fixed, apply the Indeterminate Sentence Law, which often results in a minimum term within prisión mayor—making parole possible in as little as 8–10 years.
This article synthesizes the prevailing statutes and Supreme Court doctrine up to 24 April 2025. For case-specific advice, always consult current jurisprudence and seek professional counsel.