In Philippine criminal law, the act of a prisoner fleeing from confinement is categorized as Evasion of Service of Sentence (Article 157) or, in different contexts, as Delivery of Prisoners from Jail (Article 156). However, legal complexity arises when the escape is thwarted before completion.

Understanding "Attempted Escape" requires a deep dive into the Stages of Execution under Article 6 of the Revised Penal Code (RPC) and how they intersect with the specific provisions on evasion.

I. The Legal Framework: Article 157 vs. Article 158

To understand an "attempt," we must first define the completed crimes:

Evasion of Service of Sentence (Art. 157): Committed by a convict who evades service of sentence by escaping during the term of his imprisonment by reason of final judgment.
Evasion of Service of Sentence on the Occasion of Disorders (Art. 158): A specific form of evasion where a convict escapes during a "conflagration, earthquake, explosion, or similar catastrophe."

Note: If the person escaping is a detention prisoner (no final judgment yet), the act is generally not a crime under Art. 157 but may result in administrative sanctions or qualify as a different offense if violence or bribery is involved.

II. Determining the Stage of Execution

Under Article 6 of the RPC, felonies are classified into three stages. Applying these to an escape:

1. Consummated Escape

The escape is consummated the moment the convict successfully leaves the premises of the penal establishment and is momentarily free from the control of the authorities.

2. Frustrated Escape

A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

In Escape: This is rare. If a prisoner scales the final wall and lands outside but is immediately tackled by a guard waiting on the other side, some jurists argue this is frustrated because the "intent to evade" was not fully realized through sustained freedom.

3. Attempted Escape

A felony is attempted when the offender begins the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Overt Acts of Attempted Escape:
Sawing through cell bars.
Digging a tunnel that has not yet reached the perimeter.
Being caught while climbing the prison fence.
Using a makeshift ladder to reach a restricted window.

III. Penalties for Attempted Escape

The penalty for evasion of service of sentence varies based on the circumstances of the escape. Under the rules of the RPC, the penalty for an attempted crime is generally two degrees lower than that prescribed for the consummated felony.

Standard Evasion (Art. 157)

If the escape is consummated, the penalties are:

Prision correccional in its medium and maximum periods (2 years, 4 months to 6 years) if the sentence was 6 years or less.
Prision correccional in its minimum period (6 months to 2 years and 4 months) if the sentence was a fine or more than 6 years.

The Attempted Penalty: If a convict with a long-term sentence attempts to escape, the court will apply the rule of "two degrees lower," potentially reducing the penalty to Arresto Mayor or even a fine and public censure.

Qualifying Circumstance (Violence/Intimidation)

If the escape (or attempt) is committed through "confinement, bribery, or force upon things," the penalty for the consummated crime is increased. Consequently, the "attempted" version will also be based on this higher graduated scale.

IV. Special Case: Article 158 (Catastrophes)

Article 158 is unique. It mandates that convicts who escape during a calamity but fail to give themselves up within 48 hours after the calamity is over shall suffer an increase of one-fifth of the time remaining of their sentence.

The "Attempt" in Art. 158: If a convict tries to leave during a fire but is stopped by guards at the gate, they are usually dealt with via administrative disciplinary measures rather than the "one-fifth" increase, as the law specifically punishes the failure to return after a successful departure.

V. Legal Consequences and Civil Liability

An attempted escape has ripple effects beyond the immediate additional jail time:

Loss of GCTA: The convict loses all accumulated Good Conduct Time Allowance (under RA 10592).
Preventive Imprisonment: The time spent in isolation or higher-security blocks during the trial for the attempted escape does not count toward the original sentence in the same favorable way.
Quasi-Recidivism (Art. 160): If a person commits a new felony before serving their sentence, they are a quasi-recidivist. An attempted escape is a new felony. This requires the court to impose the maximum period of the penalty prescribed for the new offense.

Summary Table

Stage	Action Taken	Legal Consequence
Preparatory Acts	Buying a map, hiding a file.	Generally not punishable unless they constitute another crime.
Attempted	Sawing bars, caught on the fence.	Penalty 2 degrees lower than the consummated evasion.
Frustrated	Reaching the "outside" but caught immediately.	Penalty 1 degree lower than the consummated evasion.
Consummated	Successful flight and temporary freedom.	Full penalty under Art. 157; loss of GCTA.

Would you like me to draft a sample Information (Criminal Complaint) for a hypothetical case of Attempted Evasion of Service of Sentence?