Requirements for Filing a Case of Attempted Murder in the Philippines

What are the legal requirements for filing a case of attempted murder in the Philippines?

In the Philippines, the crime of attempted murder is a serious offense governed by the Revised Penal Code. Attempted murder, as defined under Article 6 in relation to Article 248 of the Revised Penal Code, occurs when the perpetrator begins the commission of a murder by overt acts, but does not execute all the acts of execution necessary to produce the felony due to reasons other than his own spontaneous desistance.

Here are the essential elements and requirements needed to file a case of attempted murder:

1. Overt Act Towards the Commission of Murder:

   • The accused must have performed an overt act that constitutes the beginning of the execution of murder. This means there must be a clear and direct step taken towards committing murder, such as aiming a weapon at the victim or inflicting an injury that could potentially cause death.

2. Intent to Kill:

   • The intent to kill (animus interficendi) must be evident. This intent can be inferred from the circumstances surrounding the act, such as the use of deadly weapons, the severity of the attack, or any statements made by the accused indicating a desire to end the victim's life.

3. Failure to Complete the Crime:

   • The crime of murder must not be consummated due to reasons beyond the control of the perpetrator, such as intervention by a third party, the victim escaping, or the weapon malfunctioning. The accused must not have voluntarily stopped the crime, as voluntary desistance negates the charge of attempted murder.

4. Presence of Aggravating Circumstances (Optional):

   • While not always necessary, the presence of aggravating circumstances such as treachery (alevosía), evident premeditation, or abuse of superior strength can strengthen the case. These circumstances can elevate the charge to attempted murder from lesser offenses like frustrated homicide.

5. Filing a Complaint or Information:

   • To initiate a legal case, the victim or their representative must file a complaint with the police or the Office of the Prosecutor. The complaint must include a detailed account of the events, evidence supporting the claim of attempted murder, and any witness testimonies.

6. Preliminary Investigation:

   • The prosecutor will conduct a preliminary investigation to determine if there is probable cause to charge the accused with attempted murder. If probable cause is established, the prosecutor will file an information with the court, and the case will proceed to trial.

7. Jurisdiction:

   • The case must be filed in the appropriate Regional Trial Court (RTC) that has jurisdiction over the location where the crime was attempted. The RTC has exclusive jurisdiction over cases of attempted murder due to the severity of the offense.

It is important to gather sufficient evidence, including medical reports, witness statements, and any physical evidence, to substantiate the claim of attempted murder. Legal representation is crucial in navigating the complexities of the case and ensuring that the rights of the victim are upheld throughout the legal process.

Understanding these requirements can help individuals and legal practitioners effectively pursue justice in cases of attempted murder within the Philippine legal system.