1) Where “Attempted Murder” Fits in Philippine Criminal Law

In the Philippines, “attempted murder” is not a separate statute with its own standalone definition. It is the attempted stage of the felony of murder under the Revised Penal Code (RPC):

Article 248 (Murder) defines what makes a killing “murder” (instead of homicide) through qualifying circumstances.
Article 6 (Stages of execution) defines attempted, frustrated, and consummated felonies.
Article 51 (Penalty for attempted felonies) provides how to compute the penalty for the attempted stage.

So, to convict for Attempted Murder, the prosecution must generally prove:

the attempt (Article 6), and
the murder-qualifying circumstance(s) (Article 248), plus
the intent to kill (crucial in attempted/frustrated killings).

2) Murder vs. Homicide: The Core Distinction

Homicide (Article 249)

A killing without any of the qualifying circumstances for murder.

Murder (Article 248)

A killing that is committed with at least one qualifying circumstance listed in Article 248 (discussed below). These circumstances are what elevate the offense from homicide to murder.

For attempted cases, no one dies—so the court examines whether the accused’s acts show an intent to kill, and whether the attack was attended by a qualifying circumstance that would make the intended killing “murder” if completed.

3) The Legal Elements of Attempted Murder

A. Elements of Attempt (RPC Article 6)

A felony is attempted when the offender:

Commences the commission of the felony directly by overt acts;
Does not perform all the acts of execution which should produce the felony;
The non-completion is due to some cause other than the offender’s spontaneous desistance.

Key concepts

Overt acts: external acts showing a clear move toward the commission of murder (not mere planning, preparation, or threats alone).
Not all acts of execution performed: the offender is stopped, escapes, is subdued, weapon malfunctions, misses, or otherwise fails to complete what would ordinarily produce the killing.
Spontaneous desistance: If the offender voluntarily stops before completing the acts of execution, there is no attempted liability for that felony—though liability may remain for other crimes already committed (e.g., physical injuries, illegal threats, illegal discharge of firearm, etc., depending on facts).

B. The Intent to Kill Requirement

In attempted/frustrated killing cases, intent to kill is indispensable. Courts often infer intent to kill from circumstances such as:

use of a deadly weapon (knife, firearm, etc.)
targeting vital parts (chest, neck, head)
number and severity of wounds
force of the attack
statements or threats made immediately before/during the assault
persistence in the assault (continuing to attack until stopped)
absence of a plausible non-lethal purpose

If intent to kill is not proven beyond reasonable doubt, the case may be reduced to physical injuries (serious/less serious/slight) or another appropriate offense based on the injuries and circumstances.

C. The Qualifying Circumstance(s) for Murder (Article 248)

For attempted murder (not merely attempted homicide), at least one qualifying circumstance must be proven (and, as a due process rule in criminal pleading, should be alleged in the Information with sufficient particularity).

Common Article 248 qualifiers include:

Treachery (alevosia): means/method/forms of attack that ensure execution without risk to the assailant from the victim’s defense (e.g., sudden attack from behind, victim unarmed and unsuspecting, victim unable to retaliate).
Evident premeditation: proof of (1) time when intent to kill was formed, (2) acts showing persistence, and (3) sufficient lapse of time to reflect.
In consideration of price, reward, or promise
By means of inundation, fire, poison, explosion, shipwreck, derailment, etc., or other means involving great waste and ruin
On occasion of calamities (e.g., conflagration, shipwreck, earthquake, epidemic, etc.)
With cruelty: deliberately and inhumanly augmenting suffering beyond what is necessary to kill

In attempted murder, the court asks: If the victim had died from these acts, would it have been murder (Article 248) rather than homicide (Article 249)? If yes, and the attempt elements + intent to kill are present, the proper offense is Attempted Murder.

4) Attempted vs. Frustrated vs. Consummated (Practical Distinctions)

Consummated Murder

Victim dies, and the killing is attended by a qualifying circumstance.

Frustrated Murder

The offender performs all acts of execution that would produce death,
But death does not result due to causes independent of the offender’s will (e.g., timely medical intervention),
Typically associated with a mortal wound that would ordinarily cause death without medical aid.

Attempted Murder

The offender begins the attack with intent to kill,
But does not perform all acts of execution (e.g., is prevented, misses, weapon fails, victim escapes before the fatal act is completed),
Or injuries inflicted are not of the kind showing that all acts of execution to cause death were completed.

Why the distinction matters: The stage controls the degree of penalty.

5) Attempted Murder vs. Other Possible Charges

Attempted Murder vs. Attempted Homicide

Attempted Homicide: intent to kill is present, but no qualifying circumstance under Article 248 is proven (or properly alleged/proven).
Attempted Murder: intent to kill + at least one Article 248 qualifier.

Attempted Murder vs. Physical Injuries

If intent to kill is not proven, the act may fall under:

Serious Physical Injuries (Article 263),
Less Serious Physical Injuries (Article 265),
Slight Physical Injuries and Maltreatment (Article 266), depending on medical findings and duration/incapacity.

Attempted Murder vs. Grave Threats / Illegal Discharge, etc.

Where the act is more about threatening or firing without clear intent to kill or without overt acts sufficiently constituting an attempt, liability may shift to other offenses depending on the facts.

6) Penalties for Attempted Murder (RPC Framework)

A. Base Penalty for Murder (Article 248)

The RPC sets murder’s penalty at reclusion perpetua to death (death is currently not imposed in practice due to later legislation abolishing it, but the RPC structure remains relevant for “degrees” of penalties).

B. Penalty for Attempted Stage (Article 51)

For an attempted felony, the penalty is two degrees lower than that prescribed for the consummated felony.

Applying graduation from reclusion perpetua to death:

One degree lower → reclusion temporal
Two degrees lower → prision mayor

So, Attempted Murder is generally punishable by prision mayor (a divisible penalty).

Prision mayor range:

6 years and 1 day to 12 years, with periods:
- minimum: 6y1d–8y
- medium: 8y1d–10y
- maximum: 10y1d–12y

C. How the Court Chooses the Proper Period

After determining the correct penalty (prision mayor), the court applies the RPC rules on mitigating and aggravating circumstances (Articles 13–14; and the application rules, commonly Article 64), to select whether the sentence falls in the minimum, medium, or maximum period.

D. Indeterminate Sentence Law (ISL) in Attempted Murder

Because attempted murder carries a divisible penalty and is not punishable by death/reclusion perpetua/life imprisonment, courts typically apply the Indeterminate Sentence Law:

The maximum term is taken from the properly determined period of prision mayor.
The minimum term is taken from the penalty one degree lower than prision mayor, which is generally prision correccional (6 months and 1 day to 6 years), subject to the court’s discretion and the case circumstances.

E. Accessory Penalties

Under the RPC, principal penalties carry accessory penalties (e.g., disqualifications) that attach by operation of law depending on the principal penalty imposed. With prision mayor, accessory penalties generally include forms of disqualification (the exact set depends on the penalty classification under the Code).

7) Bail in Attempted Murder Cases (Philippine Rules and Constitution)

A. Constitutional Rule on Bail

Under the Philippine Constitution, all persons are bailable except those charged with offenses punishable by reclusion perpetua, life imprisonment, or death, when evidence of guilt is strong.

This rule is implemented through Rule 114 of the Rules of Criminal Procedure.

B. Is Attempted Murder Bailable?

Yes—attempted murder is generally bailable as a matter of right before conviction, because:

The penalty for attempted murder is generally prision mayor (not reclusion perpetua/life/death).

C. Bail “As a Matter of Right” vs. “Discretionary”

Before conviction:

If the offense charged is not punishable by death/reclusion perpetua/life imprisonment → bail is a matter of right.

After conviction by the Regional Trial Court (RTC):

Bail becomes generally discretionary, even if the offense is not punishable by death/reclusion perpetua/life imprisonment, and courts assess factors such as risk of flight and other circumstances under Rule 114.

D. When a Bail Hearing Is Required (and When It Isn’t)

For non-bailable offenses (death/reclusion perpetua/life), a bail hearing is essential to determine whether evidence of guilt is strong.
For attempted murder, bail is not dependent on the “evidence of guilt is strong” standard because it is ordinarily bailable as of right pre-conviction. Courts may still conduct proceedings to set the amount and ensure compliance with conditions, but the constitutional “evidence strong” denial framework is aimed at non-bailable categories.

E. Forms of Bail

Philippine practice recognizes several forms (subject to court approval and rules):

Cash bond
Surety bond (through an accredited bonding company)
Property bond
Recognizance (generally limited by law/rules and typically for lighter offenses; attempted murder is usually outside the usual recognizance coverage)

F. Bail Amount and Conditions

Courts fix bail based on factors commonly including:

financial ability of the accused (bail should not be excessive),
nature and circumstances of the offense,
penalty for the offense charged,
character and reputation of the accused,
age and health,
probability of appearing at trial,
risk of flight,
prior bail forfeitures, pending cases, and community ties.

Conditions of bail typically require the accused to:

appear before the court when required,
not leave the jurisdiction without permission (as the court may order),
comply with additional lawful conditions the court may impose to secure attendance and protect the process.

G. Practical Interaction With the Charge as Filed

Bail is evaluated primarily with reference to the offense charged in the Information. Thus:

If someone is charged with murder or frustrated murder (non-bailable category unless evidence of guilt is not strong), a bail hearing on “evidence strong” becomes central.
If the charge is attempted murder, bail is typically as of right pre-conviction.

8) Procedure Snapshot: How Attempted Murder Cases Typically Move

While facts vary, attempted murder cases commonly involve:

Complaint/affidavits filed with the prosecutor (or inquest if warrantless arrest and detention).
Preliminary investigation (because attempted murder is generally within RTC jurisdiction and the penalty exceeds lower-court thresholds).
Information filed in the RTC if probable cause is found.
Warrant of arrest (unless already detained).
Arraignment, pre-trial, and trial.
Judgment, then appeal if pursued.

Because attempted murder usually carries a penalty exceeding 6 years, it is generally within Regional Trial Court jurisdiction.

9) Common Litigation Issues in Attempted Murder

A. Proving (or Refuting) Intent to Kill

This is often the decisive battleground. The same act (e.g., a stabbing) may be charged as attempted murder but end as conviction for physical injuries if intent to kill is not proven beyond reasonable doubt.

B. Proving Treachery (Most Common Qualifier)

Treachery requires proof that the method of attack:

ensured execution without risk to the attacker from defense, and
was consciously adopted.

Suddenness alone is not always enough; courts look closely at whether the victim had any real chance to defend or retaliate.

C. Allegation Requirement for Qualifiers

Qualifying circumstances should be specifically alleged in the Information. If not properly alleged, they generally cannot be used to qualify the crime to murder (even if evidence suggests them), though they may sometimes be treated differently if merely generic aggravating circumstances—this is highly pleading- and fact-dependent.

D. Spontaneous Desistance

If the defense can credibly show the accused stopped voluntarily before completing the acts of execution (not because of interruption, resistance, or outside causes), attempted liability may fail—though liability for other committed acts may remain.

10) Civil Liability in Attempted Murder

Criminal conviction (and in some instances, even acquittal on reasonable doubt with a finding of civil liability) may entail civil liabilities such as:

Actual damages (medical bills, lost income) if proven with receipts/competent evidence,
Moral damages if justified by the circumstances and evidence,
Exemplary damages where warranted (often tied to the presence of aggravating circumstances),
Restitution/repair for property damage related to the offense.

Because there is no death, damages typical of homicide/murder death cases (e.g., fixed civil indemnity for death) do not automatically apply; the civil aspect centers on the injury and related losses.

11) Key Takeaways

Attempted Murder = Attempt (Art. 6) + Intent to Kill + Murder qualifier(s) (Art. 248).
The most common failure point for the prosecution is intent to kill or the qualifying circumstance (often treachery).
Penalty: generally prision mayor (about 6 years and 1 day to 12 years), subject to periods and modifying circumstances, commonly with an indeterminate sentence structure.
Bail: ordinarily bailable as a matter of right before conviction, because the penalty is not reclusion perpetua/life/death.
Charge drafting matters: qualifiers should be properly alleged and proven; otherwise, liability may drop to attempted homicide or physical injuries depending on evidence.