Civil Settlement for Attempted Homicide in the Philippines — A Comprehensive Legal Guide
1 | Overview
In Philippine law every crime gives rise to two parallel and distinct liabilities:
| Aspect | Governing Law | Nature | May it be settled? |
|---|---|---|---|
| Criminal | Revised Penal Code (RPC) arts. 3–12, 249–255 (for homicide and its stages) & Rules of Criminal Procedure | Public; punitive; cannot be bargained away | No. Only the State may prosecute or dismiss. |
| Civil | RPC arts. 100-113; Civil Code arts. 20–35, 2180; Rule 111, Rules of Criminal Procedure | Private; reparative | Yes. It may be compromised, waived, or paid. |
Attempted homicide—the lowest stage in the execution of the crime of homicide—carries the penalty of prisión correccional (6 months +1 day to 6 years). Yet even an attempt already obliges the accused (and sometimes third parties) to repair all damages caused.
2 | Elements & Penalty of Attempted Homicide
- Intent to kill (animus interficendi).
- Overt acts commenced directly toward killing.
- Non-completion due to causes independent of the actor’s will (e.g., victim dodges, gun misfires).
- Penalty: Two degrees lower than consummated homicide → prisión correccional in its medium and maximum periods (RPC art. 51 in relation to art. 249).
3 | Civil Liability Arising from the Crime
| Provision | What it imposes | Typical items recoverable in attempted homicide |
|---|---|---|
| RPC art. 100 | Offender’s duty to indemnify | All damages, even if only an attempt |
| RPC art. 104 | Restitution, reparation, indemnification | Medical bills, lost wages, loss of earning capacity, moral & exemplary damages |
| Civil Code art. 2180 | Subsidiary liability of parents, employers, school heads, innkeepers | E.g., employer pays if act was in discharge of duties |
| Civil Code arts. 2199–2229 | Compensatory, moral, exemplary damages | Pain & suffering, mental anguish, exemplary damages to deter |
Joint & Several Liability Principals, accomplices, and accessories are solidarily liable (RPC art. 110). Subsidiary liability of employers or parents arises only when the principal is insolvent.
4 | Modes of Civil Settlement
| Mode | Statutory Basis | Essential Features | Court approval needed? |
|---|---|---|---|
| Compromise Agreement | Civil Code arts. 2028-2035 | A contract; parties make reciprocal concessions. | If the civil action is within the criminal case, the trial court must approve (Rule 111 §1b). |
| Payment/Full Satisfaction | RPC art. 113; Civil Code art. 1291 | Offender pays agreed sum; victim issues Quitclaim or Release. | Yes, if still pending in court. |
| Affidavit of Desistance | Nowhere expressly in law—jurisprudential device | Victim states loss of interest; can accompany a compromise. | Not binding on prosecution in public crimes (People v. Bayotas, G.R. 102007, 1994). |
Drafting Tips for a Valid Compromise
- Specify itemized damages with supporting receipts.
- State that payment fully satisfies the civil aspect only.
- Include “without prejudice to independent criminal prosecution” to avoid claims of waiver of public action.
- Attach a medical certificate and police report to show factual basis.
- Seek approval in open court; the prosecution and, in appealed cases, the Office of the Solicitor General (OSG) must be heard.
5 | Procedural Pathways
- Upon filing of the Information (Rule 110): The civil action is deemed included unless the offended party reserves it or files a separate civil suit before criminal filing (Rule 111 §1a).
- Before arraignment: Parties may submit a Joint Motion for Approval of Compromise, attaching the agreement and quitclaim.
- During trial: The court may suspend presentation of prosecution evidence on damages while settlement negotiations proceed (People v. Villanueva, G.R. 143213, 2002).
- After conviction but before finality of judgment: The appellate court may still receive a compromise on the civil award (People v. Malana, G.R. 233747, 2018).
Effect on Appeal A compromise on civil liability does not bar the accused from appealing the criminal aspect, but it moots the civil damages issue.
6 | Effect of Settlement on Criminal Liability
| Scenario | Criminal case outcome |
|---|---|
| Payment alone | Case continues; State interest prevails (People v. Balingit, G.R. 88207, 1990). |
| Payment + Affidavit of Desistance | Prosecutor may move to dismiss, but trial court still wields discretion; dismissal is exceptional. |
| Victim refuses to testify after settlement | Court may compel appearance; or admit prior statements; or appoint a private prosecutor; failure is not fatal (People v. Lucero, 2014). |
| Private offenses (adultery, concubinage, seduction, etc.) | Settlement or forgiveness bars prosecution. Attempted homicide is not a private offense. |
7 | Subsidiary & Third-Party Liability
- Employers / Corporations — liable under art. 2180 if the felony was committed “in the discharge of duties.”
- Parents / Schools — for unemancipated minors; note JJWA (RA 9344) procedures when the offender is a child in conflict with the law.
- Innkeepers / Owners — when negligence in security facilitates the attack (RPC art. 102).
Settlement with the principal offender does not automatically discharge subsidiary liable parties unless expressly included and they sign the compromise (CEI-Co. v. Court of Appeals, G.R. 150709, 2004).
8 | Tax & Insurance Considerations
- Compromise payments for personal injuries are exempt from income tax (NIRC §32(B)(4)).
- HMO / PhilHealth reimbursements lower the net actual damages recoverable (Civil Code art. 2199).
- Motor vehicle insurance (CTPL or comprehensive) may shoulder medical costs; the insurer is subrogated to the victim’s rights and may join the civil case.
9 | Plea Bargaining & Mitigation
While civil settlement does not erase criminal liability, it is a mitigating circumstance analogous to voluntary surrender (RPC art. 13 ¶10). Courts often consider full restitution as a basis to:
- Reduce the indeterminate penalty’s minimum.
- Accept a plea to less serious physical injuries where the prosecution and offended party concur (DOJ Circular 18-2016).
10 | Post-Judgment Compromise & Execution
- Before finality: Parties may file a Joint Manifestation in the appellate court to record payment; the civil award is deemed satisfied.
- After finality: Satisfaction must be manifested before the trial court because it retains jurisdiction to enforce judgments (Rule 39).
- Garnishment & Levy suspend once the judgment creditor acknowledges full payment.
11 | Common Drafting Pitfalls
- Ambiguous waivers that appear to surrender the right to prosecute—void for contravening public policy (Civil Code art. 6).
- Lump-sum settlements without breakdown—risk disallowance by COA if a public entity is involved.
- Minor victims—compromise needs RTC approval in guardianship proceedings (Rule 97).
- Illicit consideration—any part that promises to “drop the criminal case” in exchange for money is void (Civil Code art. 2035).
12 | Key Take-Aways
- Civil liability is inevitable the moment a felony—including an attempt—results in damage or injury.
- Victim and accused may settle the civil aspect at any stage; the agreement binds them but does not bind the State.
- Court approval safeguards against public-policy violations and protects minors, the public coffers, and third parties.
- A well-drafted compromise focuses on compensation, not condonation of the public crime.
- Payment or waiver mitigates but does not extinguish criminal liability in attempted homicide.
This article is a general overview based on the Revised Penal Code, the Civil Code, the Rules of Court, and leading decisions such as People v. Bayotas (1994), People v. Balingit (1990), CEI-Co. v. CA (2004) and later jurisprudence. It is not a substitute for individualized legal advice.