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

In the Philippines, the crime of attempted murder is governed by the Revised Penal Code (RPC), which outlines the elements that must be proven for a successful prosecution. Attempted murder is an inchoate crime, meaning it is a crime that has been started but not completed. The key requirements for filing a case of attempted murder include the following:

1. Criminal Intent (Mens Rea)

Clear Intent to Kill: The first and most critical element in an attempted murder case is proving that the accused had a clear intention to kill the victim. This intent, known as "animus interficendi," must be evident and demonstrable through the actions or circumstances surrounding the incident. The intent must go beyond mere threats or verbal altercations; there must be an overt act that shows the accused's determination to end the life of the victim.

2. Overt Act (Actus Reus)

Execution of an Act Towards Commission of the Crime: The accused must have performed an overt act that would logically lead to the death of the victim if not for some external interference or failure. This could include actions like shooting a gun at someone, stabbing with a knife, or any other act that could potentially result in death. The act itself need not be completed for the crime of attempted murder to be charged; the attempt, in itself, is sufficient.

3. Lack of Voluntary Desistance

Failure to Complete the Crime: For a charge of attempted murder, it must be established that the crime was not completed due to circumstances beyond the control of the accused. If the accused voluntarily desists from completing the act, this could negate the charge of attempted murder and possibly lead to a lesser charge.

4. Direct Connection Between Intent and Act

Nexus Between the Intent and the Act: There must be a direct and immediate connection between the intent to kill and the overt act performed. The prosecution must show that the act was a direct manifestation of the intent to murder the victim. If the act is too remote or there is an intervening factor that severs the connection between the intent and the act, the charge of attempted murder may not stand.

5. Jurisdiction and Proper Filing

Correct Venue and Legal Procedures: The case must be filed in the proper court, typically where the crime was attempted. The complainant or the victim, or their representative, must follow the legal process for filing a criminal complaint, which includes submitting a sworn affidavit detailing the incident, along with any supporting evidence, to the appropriate authorities, such as the Office of the City Prosecutor.

6. Absence of Justifying Circumstances

No Justification for the Act: For the charge to hold, it must be clear that the accused did not act under any justifying circumstances such as self-defense, defense of a relative, or defense of a stranger, as defined under Article 11 of the Revised Penal Code. If any of these justifications are present, they could either reduce the criminal liability or absolve the accused altogether.

Conclusion

Filing a case of attempted murder in the Philippines requires the prosecution to establish several critical elements, including the intent to kill, an overt act towards committing the crime, lack of voluntary desistance, and a direct connection between the intent and the act. The absence of justifying circumstances is also a necessary factor. Proper legal procedures must be followed to ensure that the case is filed in the appropriate court, with sufficient evidence to support the charges.