Letter from a Concerned Citizen

Dear Attorney,

I hope this letter finds you well. I am writing to you because I am deeply concerned about the penalties and legal implications surrounding the crime of frustrated homicide in the Philippines. If a person is charged with frustrated homicide, how many years might they face upon conviction? I would greatly appreciate your guidance on what the Revised Penal Code or relevant laws say about the duration of imprisonment and the factors that might affect it.

Thank you very much for taking the time to read my inquiry. I look forward to your advice regarding my concern.

Sincerely,

A Concerned Individual

Introduction

As the best lawyer in the Philippines, it is my duty to provide a meticulous explanation regarding frustrated homicide under Philippine law. This discussion will revolve around statutory provisions, relevant Supreme Court rulings, and practical considerations that may be of interest to anyone navigating the criminal justice system, whether as a party to a criminal case or merely an interested citizen. The following article will address the essential concepts, penalties, possible defenses, and case law interpreting frustrated homicide. It will likewise touch on important related matters such as aggravating and mitigating circumstances, the procedural aspects of criminal prosecution, and the broader implications for both victims and the accused.

In the Revised Penal Code (RPC) of the Philippines, crimes and offenses are categorized with specific penalties and provisions, including those for attempted, frustrated, and consummated felonies. These distinctions are critically important, as each stage of the commission of the offense carries distinct legal consequences. Understanding these distinctions can provide clarity on the potential penalties and help litigants or observers grasp the intricacies of legal proceedings. The focus here is on the frustrated stage of homicide, meaning that the offender has performed all the acts necessary for the accomplishment of the crime but, for reasons independent of the perpetrator’s will, the intended homicide did not result in the victim’s death.

Homicide in the Revised Penal Code

Under Article 249 of the Revised Penal Code, “Homicide” is committed when a person kills another without the attendance of any qualifying circumstances that would elevate the crime to murder, parricide, or infanticide. The key element is the taking of human life with neither special qualifications nor mitigating or aggravating factors that might alter the classification.

The penalty for consummated homicide, as set forth in Article 249, is reclusion temporal, which generally ranges from twelve (12) years and one (1) day to twenty (20) years. This is a broad range, and the exact duration within this range is determined by the presence of any aggravating or mitigating circumstances, as well as other factors provided by law.

The Concept of Frustrated Felony

A crime is considered “frustrated” when an offender has performed all the acts of execution necessary to commit the offense, but the crime is not consummated for reasons beyond the offender’s control. Article 6 of the Revised Penal Code enumerates three stages in the commission of a felony: (1) attempted, (2) frustrated, and (3) consummated.

For the crime of homicide to be classified as frustrated homicide, these elements must be shown:

The offender intends to kill: There must be proof of the assailant’s specific intent to cause the victim’s death. Intent can often be inferred from the nature of the weapon used, the manner of attack, or any other relevant circumstances.
The offender has performed all the acts of execution necessary to produce the crime’s result: In other words, nothing remains undone that the offender could have done to kill the victim. The acts performed are of such a nature that, without external intervention or unforeseen circumstances, they should have resulted in the victim’s death.
The crime was not consummated due to reasons independent of the perpetrator’s will: Typical examples would be medical intervention, timely rescue by bystanders, or sheer luck that prevented the lethal outcome.

When these criteria are met, the crime is considered frustrated, and the law imposes a penalty one degree lower than that prescribed for the consummated offense. This is in accordance with Article 50 of the Revised Penal Code, which addresses frustrated felonies.

Penalty for Frustrated Homicide

Since the penalty for consummated homicide is reclusion temporal, the penalty for frustrated homicide is one degree lower. One degree lower than reclusion temporal is prisión mayor, as explicitly noted in the Revised Penal Code.

Under the law, prisión mayor generally carries a range of six (6) years and one (1) day to twelve (12) years. This range can also be subdivided into minimum, medium, and maximum periods for more precise imposition of penalty, especially after consideration of any aggravating or mitigating circumstances.

To summarize:

Consummated Homicide: The statutory penalty is reclusion temporal (12 years and 1 day to 20 years).
Frustrated Homicide: The penalty is one degree lower than reclusion temporal, namely prisión mayor (6 years and 1 day to 12 years).
Attempted Homicide: The penalty is two degrees lower than that for the consummated offense, which equates to prisión correccional in its maximum period (4 years, 2 months, and 1 day to 6 years).

Periods Within Prisión Mayor

To determine the proper period within prisión mayor to be imposed on a person convicted of frustrated homicide, courts look at the modifying circumstances outlined in the Revised Penal Code. This involves aggravating or mitigating factors:

Aggravating Circumstances: May include nighttime, superior strength, or use of unlicensed firearm, among others. If proven, these can elevate the penalty within the prescribed range.
Mitigating Circumstances: May include incomplete justifying or exempting circumstances, voluntary surrender, or sufficient provocation on the part of the offended party, among others. If proven, these can lower the penalty within the prescribed range.
Alternative Circumstances: Relationship, intoxication, or degree of instruction may also be considered by the court to decide how the penalty will be adjusted.

Thus, if aggravating circumstances outweigh mitigating ones, the court will impose the maximum periods of the penalty. Conversely, if there are mitigating circumstances that overshadow aggravating ones, the court may impose the minimum period. Where neither aggravating nor mitigating circumstances exist, courts typically impose the penalty in its medium period.

Judicial Discretion and Sentencing

The length of the sentence for a conviction of frustrated homicide also depends heavily on judicial discretion. Although the Revised Penal Code provides the framework for the penalty (i.e., imprisonment of six (6) years and one (1) day up to twelve (12) years), the trial judge will examine all the facts, evidence, and circumstances surrounding the commission of the crime in deciding the exact duration of imprisonment. The judge must comply with the rules on the application of penalties under Articles 64 to 71 of the Revised Penal Code, which serve as guidelines for considering the presence of aggravating or mitigating circumstances.

Prosecutorial and Procedural Considerations

In the Philippine criminal justice system, the Office of the Prosecutor or the City Prosecutor typically evaluates the evidence presented during the preliminary investigation to determine whether there is probable cause to hold an accused for trial. For a charge of frustrated homicide, the investigating prosecutor will verify that:

There is sufficient proof of the essential elements of homicide (intent to kill, the victim’s injuries being of a nature that could have caused death, etc.).
The victim did not die from the injuries, and that such survival was due to extraneous reasons beyond the accused’s control.

During trial, the prosecution must prove guilt beyond reasonable doubt. The defense, on the other hand, has several strategies at its disposal, such as self-defense, lack of intent to kill, or accidental harm. Courts carefully weigh the evidence and testimony from both sides.

Self-Defense and Other Justifying Circumstances

A common defense to charges of frustrated homicide is self-defense, which, if proven, could lead to acquittal. Article 11 of the Revised Penal Code outlines circumstances that can justify an otherwise criminal act, such as self-defense, defense of a relative, and defense of a stranger. For self-defense to be successfully invoked, the accused must prove the following:

Unlawful aggression on the part of the victim.
Reasonable necessity of the means employed to prevent or repel the aggression.
Lack of sufficient provocation by the person defending himself or herself.

Should the court find that only partial or incomplete self-defense is proven, it could become a mitigating circumstance rather than a justification. This would not lead to acquittal but might reduce the penalty imposed.

Treatment of Conspirators and Accomplices

If multiple individuals participated in a frustrated homicide, the role each played is important in determining individual liability. The following classifications under the Revised Penal Code help define liability:

Principal: The person who directly commits the crime, or who forces or induces others to commit it, or who cooperates in the commission of the offense by another act without which it would not have been accomplished.
Accomplice: Someone who cooperates in the commission of the offense by prior or simultaneous acts, but whose cooperation is not indispensable.
Accessory: Typically one who, having knowledge of the crime, either profits from it, conceals it, or assists the offender to evade the authorities.

The specific penalty for each participant depends on how the court classifies each one’s involvement. For frustrated homicide, principals could receive a sentence of prisión mayor, whereas accomplices might receive a penalty one degree lower than that of the principals. Accessories might receive yet another degree lower, depending on the circumstances.

Civil Liability

Aside from criminal liability, a person convicted of frustrated homicide also incurs civil liability for damages to the victim. The Revised Penal Code, in conjunction with the Civil Code, provides the legal framework for awarding civil indemnity, moral damages, and, in some instances, exemplary damages. In cases of frustrated homicide, courts take into consideration:

Extent of the Victim’s Injuries: Medical expenses, loss of potential income, the pain and suffering endured.
Existence of Aggravating or Mitigating Circumstances: These can influence the amount of damages to be awarded.
Proof of the Expenses Incurred: Hospital bills, receipts, and related documents are vital in determining the indemnification owed to the injured party.

Plea Bargaining

In certain instances, persons charged with frustrated homicide may opt to enter into plea bargaining, subject to the approval of the prosecuting authority and the court. This often involves an agreement to plead guilty to a lesser offense (e.g., attempted homicide, physical injuries) with a correspondingly lighter penalty, in exchange for a dismissal of the more serious charge or for recommendations of reduced penalties. Such an arrangement helps decongest court dockets and can result in a more expedient resolution of the case. Nonetheless, the approval of the offended party might be relevant, as the victim’s interests are weighed alongside the interests of justice.

Illustrative Case Law

Several Supreme Court decisions shed light on frustrated homicide. While each case is ultimately determined on its particular facts, the following principles commonly emerge:

Clear Intent to Kill is Essential: Without clear and convincing proof of intent to kill, the charge may be reduced to physical injuries.
Nature and Location of Wounds: When the injuries inflicted are severe and would ordinarily cause death without timely medical intervention, it supports a classification of frustrated homicide rather than mere physical injuries.
Absence of Qualifying Circumstances: If none of the circumstances that could qualify a killing to murder are present—such as treachery, abuse of superior strength, or evident premeditation—then homicide, or in its frustrated form, is the correct classification.
No Death Occurred: Courts confirm that actual death did not ensue due to independent factors, such as immediate medical attention or the fortuitous survival of the victim.

Additional Considerations

Prescription of Crimes: Frustrated homicide, like other felonies, is subject to prescriptive periods. This means that after a certain lapse of time from the commission of the crime or its discovery, the State may no longer initiate legal proceedings. Article 90 of the Revised Penal Code governs prescription, though the specific periods vary with the penalty imposable for the offense.
Affidavit of Desistance: Sometimes, victims execute an affidavit of desistance expressing that they are no longer interested in pursuing the case. However, this does not automatically result in case dismissal, as crimes are considered offenses against the State. The prosecution may continue if there is sufficient evidence.
Protective Custody or Bail: While an accused awaits trial, bail may be granted unless the offense is punishable by a penalty so severe that it disqualifies bail under the Constitution. In frustrated homicide cases, because the penalty is prisión mayor (a bailable range), bail is generally available unless there are exceptional grounds for its denial.
Custodial Investigation Rights: Persons arrested or placed under investigation have constitutional rights (right to remain silent, right to counsel, etc.). Any violation of these rights may render confessions or admissions inadmissible in court.
Victim’s Right to Protection: Victims in frustrated homicide cases often require medical and psychological assistance. Republic Act No. 7309 provides for a Board of Claims under the Department of Justice for victims of unjust imprisonment or detention and victims of violent crimes who may seek compensation from the State under certain conditions.

Conclusion

Frustrated homicide under Philippine law is punishable by prisión mayor, ranging from six (6) years and one (1) day to twelve (12) years, because it is one degree lower than the penalty for consummated homicide (reclusion temporal). The exact period of imprisonment that will be imposed depends on the presence of aggravating or mitigating circumstances as evaluated by the court. This general guideline reflects the standard statutory framework, but actual sentencing always hinges on the specific facts of each case and the skillful presentation of evidence by both the prosecution and the defense.

Persons facing charges of frustrated homicide should consult a reliable legal counsel for personalized representation. Criminal procedure in the Philippines can be intricate, and the successful defense or prosecution of a frustrated homicide case can hinge on deep familiarity with Philippine jurisprudence, the Revised Penal Code, special penal laws (where applicable), and the unique factual matrix of each situation. For their part, victims should be made aware of their rights not only to justice but also to indemnification for injuries sustained and the emotional harm they suffer.

Ultimately, the carefully calibrated penalties in the Revised Penal Code exist to safeguard the public interest, deter criminal acts, and uphold the sanctity of life. By understanding the distinction between attempted, frustrated, and consummated offenses, as well as the specific penalties they carry, individuals can navigate the legal system with greater clarity and awareness. With diligence, competent legal representation, and a robust judicial process, justice can be served in accordance with the laws of the Republic of the Philippines.