Attempted Murder by a Spouse for Inheritance Benefits (Philippine Law)

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When a spouse tries to kill the other to gain financially (e.g., to inherit sooner, keep the estate, or collect insurance), three bodies of Philippine law collide:

Criminal law (Revised Penal Code): defines the felony (attempted parricide or attempted murder), its stages, and penalties, plus civil liability from the crime.
Family law (Family Code & special laws): provides protective remedies (e.g., legal separation, protection orders) and property consequences between spouses.
Succession & insurance law (Civil Code & general principles): bars the offending spouse from inheriting or receiving donations/insurance (“slayer rule”/unworthiness), and channels the share to others.

Below is a practitioner-style guide to “everything you need to know,” organized for quick application.

Criminal law framework

Parricide vs. murder when the victim is a spouse

Parricide (RPC Art. 246) is committed when a person kills their spouse, ascendant, descendant, or certain close relatives.
If the victim is one’s lawful spouse, the offense is parricide (not murder), regardless of treachery, poison, etc. Those factors don’t change the name of the crime but may aggravate the penalty.
If the marital tie does not exist (e.g., the marriage is void and not covered by putative spouse protection in criminal law), the charge is typically murder (RPC Art. 248) if a qualifying circumstance (treachery, poison, price/reward/promise, etc.) is present; otherwise, homicide.

“Attempted” vs. “frustrated” vs. consummated (RPC Art. 6)

Attempted: The offender begins the commission by overt acts but does not perform all acts of execution for reasons other than spontaneous desistance.
Frustrated: The offender performs all acts of execution that should produce the felony, but the result does not occur for causes independent of the will (e.g., timely medical intervention).
Consummated: The unlawful death actually occurs.

In spousal cases, prosecutors and courts pay special attention to intent to kill (animus interficendi), shown by weapon used, manner/location of wounds, prior threats, procurement of poison, etc.

Penalties and bail

Attempted parricide: The penalty is two degrees lower than that for consummated parricide (RPC Art. 51 on attempted felonies). Parricide’s statutory penalty is reclusion perpetua (with death no longer imposed by law). Two degrees lower typically lands at prisión mayor (imprisonment generally over 6 years).
Attempted murder: Also two degrees lower than the penalty prescribed for murder (RPC Art. 51), resulting in a penalty range generally within prisión correccional to prisión mayor, depending on graduation rules.
Bail: For attempted parricide/murder, bail is a matter of right because the prescribed penalty is not reclusion perpetua/life.
Prescription (RPC Art. 90): Offenses punishable by prisión mayor generally prescribe in 15 years; those by reclusion temporal in 20 years. Prescription runs from discovery/commission under Article 91.

Circumstances that raise or lower the penalty

Qualifying (for murder): treachery (alevosía), taking advantage of poison, price/reward/promise, evident premeditation, etc. (RPC Art. 248, Art. 14).
Generic aggravating: dwelling, nighttime, band, cruelty, use of motor vehicle, etc. (Art. 14).
Mitigating: voluntary surrender, plea of guilty, lack of intent to commit so grave a wrong, passion/obfuscation (Art. 13).
Voluntary desistance (Art. 6): If the spouse stops of their own accord before completing acts of execution, they are not liable for attempt (but remain liable for other crimes already committed, e.g., illegal possession, threats, physical injuries).

Companion or alternative charges

Violence Against Women and their Children (RA 9262): If the victim is a wife or former wife (or a woman with whom the offender has a sexual/dating relationship), acts may also constitute VAWC. This statute brings protection orders, custody/possession reliefs, and separate criminal penalties.
Firearms/poison: Illegal possession of firearms or regulated chemicals can be separate offenses.
Obstruction of justice, grave threats, coercion, stalking, or falsification (e.g., forged suicide note) may accompany the core felony.

Civil liability from the felony (RPC Art. 100; Civil Code)

Even when attempted (no death), the offender incurs civil liability for actual/medical expenses, lost income, moral and exemplary damages, and attorney’s fees, per criminal judgment or a separate civil action.
Rule 111, Rules of Criminal Procedure: The civil action is deemed instituted with the criminal action unless waived/reserved or filed earlier.

Procedure, evidence, and strategy notes

Venue/jurisdiction: Regional Trial Courts try these offenses.
Evidence: Medical records, ballistics, toxicology, digital trails (search history for poisons, purchase receipts), life-insurance paperwork, estate plans, and witness testimony (neighbors, household staff) are common.
Spousal testimonial privilege does not bar testimony in crimes by one spouse against the other; the victim-spouse may testify. Marital communications privilege yields where litigation is between spouses or the communication is part of a crime/fraud.

Family law & protective remedies

Legal separation (Family Code Art. 55 & 63)

Attempt on the life of a spouse is a ground for legal separation.
Effects of the decree (Art. 63):
- Dissolution of the absolute community/conjugal partnership.
- Forfeiture of the offending spouse’s share in the net profits in favor of the common children (or innocent spouse if none).
- Disqualification of the offending spouse to inherit intestate from the innocent spouse.
- Revocation by operation of law of testamentary provisions in favor of the offending spouse.

Protection orders (RA 9262 & Supreme Court Rules)

Barangay, Temporary, or Permanent Protection Orders may issue quickly to restrain contact, remove the offender from the home, award custody/possession, and mandate support. Violations carry criminal consequences.

Succession, donations, and insurance consequences

Unworthiness to inherit (Civil Code)

A spouse convicted of an attempt against the life of the decedent is unworthy to inherit from the victim (commonly cited: Art. 1032 on causes of unworthiness).
Key effects:
- The unworthy spouse cannot receive any part of the estate by will or by intestacy.
- Representation: The unworthy spouse’s children/descendants may inherit in their place (by representation), protecting the bloodline’s legitime.
- Fruits/returns: Any benefits already received may have to be returned with fruits/interests.
- Rehabilitation/condonation: The decedent may rehabilitate the unworthy heir by express provision in a will or unequivocal acts showing forgiveness, subject to legal limits.

Timing note: Unworthiness based on criminal conduct generally hinges on a final conviction. In probate, courts often await the outcome of the criminal case or require adequate proof of the cause.

Disinheritance for cause (Civil Code; compulsory heirs)

Independently of “unworthiness,” a testator may disinherit a compulsory-heir spouse for legal causes (Civil Code, typically Arts. 919–921 list causes for children/parents/spouse). Attempt against the testator’s life is a statutory cause.
Requirements: Must be in a will, with the cause specified and proved; otherwise, disinheritance fails.
Effect: The disinherited spouse loses legitime and free portion; their descendants can take by representation.

Donations and gifts

Donations between spouses are generally void (with narrow exceptions for moderate gifts on family occasions). But donations propter nuptias (given in consideration of marriage) or other inter vivos gifts may exist.
Revocation for ingratitude (Civil Code): An attempt against the donor’s life is a classic ground to revoke donations.

Life insurance (“slayer rule” in PH practice)

A beneficiary who willfully kills (or attempts to kill, in many decisions) the insured is generally disqualified from receiving proceeds, grounded in public policy (no one may profit from their own wrong).
Proceeds then pass to contingent beneficiaries, or the estate if none are named.

The “inheritance motive”: what it does—and doesn’t—do

Motive is not an element of the felony; the State must prove intent to kill and the acts constituting the attempt, not the financial motive.
That said, inheritance-related steps (changing beneficiaries, moving property, searching poisons) can be highly probative circumstantial evidence of premeditation or evident premeditation, and may support aggravation.
“Price, reward, or promise” qualifies murder only where an independent promise/payment induces the killing; a personal hope to inherit is ordinarily not that qualifier (though it may show planning).

Common defense and prosecution issues

For the Prosecution

Establish overt acts and specific intent to kill: weapon choice, targeting vital areas, prior threats, procurement steps.
Link financial motive: recent policy changes, estate planning emails, debts.
Counter claims of spontaneous desistance (e.g., prove interruption was due to outside cause).

For the Defense

Argue absence of animus interficendi (at most physical injuries), equivocal acts, accident, or self-defense.
Challenge causation (for frustrated cases) and credibility of motive evidence.
Explore plea-bargaining to lesser offenses consistent with facts (subject to the prosecutor/court).

Procedural intersections: criminal, civil, and probate

Criminal vs. probate: A pending criminal case for attempted parricide/murder may influence, but does not automatically control, probate timelines. Courts may suspend or condition the release of estate assets to the suspect spouse pending resolution.
Joinder of civil liability: Victims may secure damages within the criminal case; they can also reserve and file a separate civil suit (e.g., for broader tort damages or if the criminal case is dismissed on reasonable doubt).
Protecting the estate: Executors/administrators should consider bonding, injunctions, and accounting to prevent dissipation while capacity to inherit is litigated.

Property regime consequences between spouses

Legal separation decree triggers:
- Liquidation of the absolute community/conjugal partnership.
- Forfeiture of the offending spouse’s share of net profits.
- Disqualification from intestate succession and automatic revocation of testamentary gifts to the offender (Family Code Art. 63).
Support and custody: Courts may grant support pendente lite, custody, and exclusive home possession to the victim spouse/children.
Annotation: Protection orders and decrees are typically annotated on titles/registries to prevent unauthorized transfers.

Checklists

For victims & counsel

Safety first: Seek TPO/PPO under RA 9262 (if applicable).
Preserve evidence: Medical reports, chats, emails, search histories, purchase records (poisons/weapons), policy changes.
File criminal complaint: Specify attempted parricide (or attempted murder, as appropriate), plus any companion offenses.
Civil claims: Medical, moral, exemplary damages; restraining orders in the criminal case.
Family remedies: Petition for legal separation; move for forfeiture and disqualification; seek custody/support.
Succession planning: Execute/confirm a will (or codicil) to disinherit for cause; name contingent beneficiaries; consider trusts with slayer clauses.

For accused & counsel

Early counsel: Invoke rights; avoid self-incriminating statements.
Evidence review: Challenge intent and overt acts; examine for desistance, accident, or self-defense.
Bail: Move promptly (attempted offenses are bailable as a matter of right).
Plea posture: Consider viable lesser-included pleas consistent with the record.
Succession exposure: Anticipate unworthiness/disinheritance and protect children’s representation rights.

Quick-reference statutory map (non-exhaustive)

Revised Penal Code:
- Art. 6 (stages: attempted/frustrated/consummated)
- Art. 14 (aggravating), Art. 13 (mitigating), Art. 64 (application)
- Art. 246 (parricide), Art. 248 (murder), Art. 51 (penalty for attempts)
- Art. 90–91 (prescription), Art. 100 (civil liability)
Family Code:
- Art. 55 (grounds for legal separation—attempt on life), Art. 63 (effects: dissolution, forfeiture, disqualification, revocation)
Civil Code (Succession/Donations):
- Art. 1032 (unworthiness—attempt on life), related articles on representation and rehabilitation
- Arts. 919–921 (causes for disinheritance of compulsory heirs)
- Provisions on revocation of donations for ingratitude (attempt on donor’s life)
Special laws & rules:
- RA 9262 (VAWC: criminal and protective remedies)
- RA 9346 (no death penalty)
- Rules of Criminal Procedure (Rule 111—civil action deemed instituted)
- Rules on Evidence (spousal privileges and exceptions)
- Insurance law/public policy (beneficiary who kills/attempts to kill is disqualified)

Practical scenarios

Husband poisons wife’s drink to get her estate; wife survives because the poison is discovered before ingestion.
- Likely attempted parricide (overt acts + non-completion); bailable; civil damages available; legal separation possible; in succession, a conviction later renders him unworthy, blocking inheritance and life-insurance benefits.
Wife stabs husband in a vital area; surgery saves him.
- Facts may support frustrated parricide (all acts done; death averted by outside cause). Aggravating if treacherous or premeditated; civil damages; legal separation. Unworthiness upon conviction bars inheritance.
Void marriage; accused believed they were spouses.
- No parricide element; charge evaluates as attempted murder/homicide depending on qualifiers. Succession bars (unworthiness/disinheritance) hinge on actual heirship status.

Final notes

Motive to inherit strengthens premeditation but is not required for a conviction; courts focus on intent and overt acts.
The estate and insurance angles are often as consequential as the criminal case; plan the probate/beneficiary strategy in parallel.
Because outcomes turn on facts and charging theories, early legal advice and evidence preservation are critical.

This overview is educational and general. For a live matter, consult counsel to assess exact charges, defenses, and estate impacts under the most current jurisprudence and rules.