Frustrated Murder and Homicide: Distinguishing the Offenses under Philippine Law

A Question-and-Answer Guide

Question: How can frustrated murder become homicide in the context of Philippine law?

Answer:

In Philippine law, both frustrated murder and homicide pertain to the unlawful killing of a person, but they differ in intent, circumstances, and the degree of crime completion. To understand how frustrated murder can be reclassified as homicide, it's essential to distinguish the elements of each:

1. Frustrated Murder:

Frustrated murder occurs when:

The offender has the intent to kill (evidenced by the means employed, or the nature and number of wounds inflicted).
The victim does not die.
The reason the victim doesn't die is due to causes independent of the offender's will (e.g., timely medical intervention).

2. Homicide:

Homicide is committed when:

There is a killing of a person, not constituting murder or parricide.
There is no qualifying circumstance that elevates the killing to murder (e.g., treachery, evident premeditation, or cruelty).

Transition from Frustrated Murder to Homicide:

For frustrated murder to become homicide, the intention or circumstances surrounding the act must be reevaluated:

Absence of Intent to Kill: If upon reexamination of the evidence, it is determined that there was no clear intent to kill, the crime may be downgraded from frustrated murder to homicide. This could be due to the nature of the weapon used, the location of the wounds, or the actions of the offender after the act.
Absence of Qualifying Circumstances: If the crime initially had circumstances that were thought to qualify it as murder, but upon further examination, these were found absent or not proven beyond reasonable doubt, the crime could be downgraded from murder to homicide.
Evidence and Witness Testimony: New evidence or testimony can change the classification. For instance, a witness might come forward testifying that the act was not premeditated or done with treachery, turning the classification from murder to homicide.

Conclusion:

The classification of an act as frustrated murder or homicide hinges on the circumstances surrounding the offense, primarily the offender's intent and the presence or absence of specific qualifying circumstances. As investigations progress and more evidence becomes available, the classification of the offense can change. Anyone facing or involved in such legal predicaments should consult with a legal expert to understand the intricacies of the case.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.