Introduction

In the Philippines, criminal law is primarily governed by the Revised Penal Code (RPC) of 1930, as amended by subsequent legislation such as Republic Act (RA) No. 7659 and RA No. 9346. Attempted murder falls under the category of crimes against persons and is treated as an inchoate offense, meaning it is an incomplete crime where the perpetrator has begun the act but failed to consummate it due to reasons independent of their will. This article explores the penalties imposed for attempted murder, the provisions on bail, factors influencing bail amounts, procedural aspects, and related legal considerations within the Philippine context. Understanding these elements is crucial for legal practitioners, accused individuals, and the general public, as they intersect with constitutional rights to due process, presumption of innocence, and liberty.

Definition and Elements of Attempted Murder

Murder is defined under Article 248 of the RPC as the unlawful killing of a person with qualifying circumstances such as treachery, evident premeditation, cruelty, or in consideration of a price, reward, or promise. For an act to qualify as attempted murder, the following elements must be present, as outlined in Article 6 of the RPC:

The offender commences the commission of murder directly by overt acts.
The offender does not perform all the acts of execution that should produce the felony.
The non-performance is due to a cause other than the offender's spontaneous desistance.

Distinguishing attempted murder from frustrated murder is key: in the frustrated stage, all acts of execution are performed, but the felony is not produced by reason of causes independent of the perpetrator's will (e.g., timely medical intervention). Attempted murder stops short of this, such as when the assailant fires a shot but misses entirely due to external intervention.

Jurisprudence from the Supreme Court, such as in cases like People v. Kalalo (G.R. No. 39303, 1934), emphasizes that intent to kill must be proven beyond reasonable doubt, often inferred from the use of deadly weapons, the nature of wounds inflicted, or statements made by the accused. Without intent to kill, the charge may downgrade to physical injuries under Articles 263-266 of the RPC.

Penalties for Attempted Murder

Penalties for crimes in the Philippines are structured in degrees under the RPC, with the consummated felony carrying the highest penalty, followed by frustrated (one degree lower) and attempted (two degrees lower), as per Article 51.

Consummated Murder: Under Article 248, the penalty is reclusion perpetua (imprisonment from 20 years and 1 day to 40 years) to death. However, RA No. 9346 (2006) prohibits the imposition of the death penalty, effectively making reclusion perpetua the standard for consummated murder. This is an indivisible penalty, meaning it cannot be reduced by mitigating circumstances in the same way divisible penalties can.
Frustrated Murder: The penalty is one degree lower than consummated, which is reclusion temporal (12 years and 1 day to 20 years). This is a divisible penalty, allowing for minimum, medium, and maximum periods based on aggravating or mitigating circumstances (Article 64, RPC).
Attempted Murder: As an attempted felony, the penalty is two degrees lower than consummated murder, resulting in prision mayor (6 years and 1 day to 12 years). Like reclusion temporal, this is divisible into minimum (6 years and 1 day to 8 years), medium (8 years and 1 day to 10 years), and maximum (10 years and 1 day to 12 years) periods.

The actual sentence imposed depends on the presence of modifying circumstances:

Mitigating Circumstances (e.g., voluntary surrender, lack of intent to commit so grave a wrong under Article 13): These can lower the penalty by one degree or to the minimum period.
Aggravating Circumstances (e.g., treachery, nighttime under Article 14): These increase the penalty to the maximum period or by one degree.
Privileged Mitigating Circumstances (e.g., minority or incomplete self-defense under Article 69): Can reduce the penalty by one or two degrees.
Alternative Circumstances (e.g., intoxication or relationship under Article 15): Treated as either mitigating or aggravating depending on the facts.

Additionally, under RA No. 10592 (2013), which amended the RPC, good conduct time allowance (GCTA) may reduce the actual time served. For heinous crimes like murder, even in attempted form, certain restrictions apply, but attempted murder is not classified as heinous unless qualified otherwise.

Accessory penalties under Article 41 (for reclusion perpetua equivalents, but adjusted for lower degrees) may include civil interdiction, perpetual absolute disqualification, or indemnities. Civil liabilities, such as moral damages, temperate damages, or actual damages to the victim, are often awarded separately under Article 100 of the RPC and the Civil Code.

If the attempt involves special laws, such as the use of illegal firearms under RA No. 10591, additional penalties may be imposed concurrently.

Bail Provisions for Attempted Murder

Bail is a constitutional right under Section 13, Article III of the 1987 Philippine Constitution, which states that all persons, except those charged with offenses punishable by reclusion perpetua or higher when evidence of guilt is strong, shall be bailable before conviction. Since attempted murder carries a maximum penalty of prision mayor (up to 12 years), it is not punishable by reclusion perpetua, making bail a matter of right, not discretion.

When Bail is Available: Bail can be posted at any stage before conviction, including during preliminary investigation, trial, or appeal (if the penalty imposed is not reclusion perpetua). Under Rule 114 of the Revised Rules of Criminal Procedure (2000), the accused may apply for bail in the court where the case is pending or, if no judge is available, in another branch or nearby court.
Denial of Bail: Bail may be denied if the accused is a flight risk, poses a danger to the community, or if there is a high likelihood of committing further offenses (Section 5, Rule 114). However, for attempted murder, strong evidence of guilt alone does not suffice for denial, unlike capital offenses.
Types of Bail:
- Cash Bond: Direct payment to the court.
- Property Bond: Real property equivalent to the bail amount, free from liens.
- Surety Bond: Issued by an accredited surety company, typically requiring a premium of 10-15% of the bail amount.
- Recognizance: Release on the guarantee of a responsible person, rare for serious crimes like attempted murder.

Procedurally, a bail hearing may be summary or full-blown if discretionary, but for bailable offenses like attempted murder, it is often straightforward. The prosecution bears the burden of showing why bail should be denied or set high.

Bail Amounts for Attempted Murder

Bail amounts are not fixed by the RPC but are guided by the Department of Justice (DOJ) Bail Bond Guide, as updated by DOJ Circulars (e.g., the 2000 Guide, amended periodically). For attempted murder:

The recommended bail is typically Php 120,000 for the basic offense, but this can vary based on the period of the penalty.
- Minimum period: Around Php 80,000-100,000.
- Medium period: Php 100,000-120,000.
- Maximum period: Php 120,000-150,000 or higher with aggravators.

These figures are adjusted for inflation and regional differences via Supreme Court Administrative Circulars (e.g., A.M. No. 08-8-1-SC). In Metropolitan Manila or urban areas, amounts may be higher due to cost-of-living considerations.

Factors influencing the bail amount include:

Gravity of the Offense: Presence of qualifying circumstances (e.g., use of poison) may increase it.
Financial Capacity of the Accused: Courts consider the accused's ability to post bail to avoid undue hardship, balanced against public safety.
Victim's Condition: If the attempt caused serious injuries, bail may be set higher to reflect potential civil liabilities.
Criminal History: Recidivists or habitual delinquents (Article 14, par. 9-10) face higher bail.
Evidence Strength: While not denying bail, weak evidence may lead to lower amounts.
Special Laws: If intertwined with RA No. 9262 (Violence Against Women and Children) or RA No. 9165 (Dangerous Drugs), bail may be adjusted or denied in certain cases.

In practice, judges have discretion within the guidelines. For indigent accused, the Public Attorney's Office (PAO) may assist, or bail may be reduced under RA No. 10389 (Recognizance Act of 2012), though this is uncommon for attempted murder.

Procedural and Practical Considerations

Filing and Approval: Bail petitions are filed with supporting affidavits. Approval involves posting the bond and issuance of a release order. Failure to appear after bail results in bond forfeiture and a bench warrant.
Appeal and Modification: Bail amounts can be appealed to higher courts (e.g., Court of Appeals via certiorari under Rule 65). If circumstances change (e.g., new evidence), bail may be increased, decreased, or canceled.
Impact of Plea Bargaining: Under DOJ Circular No. 27 (2018), plea bargaining for attempted murder may reduce the charge to attempted homicide (penalty: prision correccional, bail around Php 24,000-36,000), affecting bail.
Juvenile Offenders: Under RA No. 9344 (Juvenile Justice Act), minors charged with attempted murder may be released on recognizance or bail set lower, with diversion programs prioritized.
International Aspects: For foreigners, bail may involve immigration holds; extradition cases under RA No. 10066 complicate matters.

Civil and Administrative Ramifications

Beyond criminal penalties, attempted murder cases often lead to civil suits for damages. Victims can claim indemnity (Php 75,000 for attempted murder under Supreme Court guidelines) plus medical expenses. Professionally, conviction may result in disbarment, dismissal from service, or loss of licenses.

Conclusion

The Philippine legal framework for attempted murder balances punishment with rehabilitation, ensuring penalties are proportionate while upholding bail as a fundamental right for non-capital offenses. Accused individuals should seek competent legal counsel to navigate these complexities, as outcomes depend heavily on case-specific facts and judicial interpretation. Ongoing reforms, such as proposed amendments to the RPC, may further refine these provisions to align with modern justice standards.