In Philippine criminal law, the stage of execution significantly determines the penalty imposed upon an offender. Frustrated Murder occurs when the perpetrator 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.
This offense is governed by Article 6 in relation to Article 248 of the Revised Penal Code (RPC).
I. The Elements of Frustrated Murder
To sustain a conviction for frustrated murder, the prosecution must establish the following elements beyond reasonable doubt:
- Intent to Kill: The offender must have the specific intent to kill the victim. This intent is often inferred from the type of weapon used and the nature/location of the wounds inflicted.
- Qualifying Circumstances: The killing must be attended by any of the qualifying circumstances listed under Article 248 (Murder). Without these, the crime may only be frustrated homicide. These include:
- Treachery (Alevosia): Attacking in a way that ensures execution without risk to the offender arising from the defense the victim might make.
- Price, reward, or promise.
- Inundation, fire, poison, explosion, or use of a motor vehicle/stranding of a vessel.
- Evident Premeditation: A cold and calculated plan to kill.
- Cruelty: Deliberately augmenting the suffering of the victim.
- Taking advantage of superior strength or employing means to weaken the defense.
- Full Execution of Acts: The offender performed all acts of execution necessary to cause death.
- Non-Fatal Outcome: The victim survived due to causes independent of the perpetrator's will (e.g., timely medical intervention or the victim's hardy constitution).
II. Distinguishing Frustrated from Attempted and Consummated
The distinction lies in the "subjective phase" versus the "objective phase" of the crime:
| Stage | Definition |
|---|---|
| Attempted | The offender begins the execution by external acts but does not perform all acts of execution due to some cause or accident other than his own spontaneous desistance. (e.g., A aims a gun but is tackled before firing). |
| Frustrated | The offender performs all acts (e.g., shoots the victim in a vital organ), but the victim survives because of external factors (e.g., emergency surgery). |
| Consummated | All elements are present, and the victim dies. |
The "Vital Organ" Rule: Philippine jurisprudence often looks at whether the wound inflicted was mortal. If the wound was fatal and the victim would have died without medical help, it is Frustrated. If the wound was not mortal, it is generally classified as Attempted.
III. Penalties for Frustrated Murder
Under Article 50 of the RPC, the penalty for a frustrated felony is the penalty next lower in degree than that prescribed by law for the consummated felony.
- Consummated Murder: The penalty is Reclusion Perpetua to Death (under Article 248).
- Frustrated Murder: The penalty is one degree lower, which is Reclusion Temporal.
Application of the Indeterminate Sentence Law (ISLAW)
When a court imposes a prison sentence, it must apply the Indeterminate Sentence Law. For Reclusion Temporal, the court will set:
- Maximum Term: Within the range of Reclusion Temporal (12 years and 1 day to 20 years), taking into account any attending aggravating or mitigating circumstances.
- Minimum Term: Within the range of the penalty next lower in degree to Reclusion Temporal, which is Prision Mayor (6 years and 1 day to 12 years).
IV. Civil Liability
In addition to imprisonment, a person convicted of frustrated murder is civilly liable. Following the guidelines set by the Supreme Court (notably in People v. Jugueta), the victim is usually entitled to:
- Civil Indemnity: Compensatory damages for the injury.
- Moral Damages: For physical suffering and mental anguish.
- Exemplary Damages: Imposed if an aggravating circumstance was present.
- Temperate or Actual Damages: For medical expenses incurred.
V. Jurisprudential Nuance: Intent to Kill
The most critical element in frustrated murder is the intent to kill. If the intent to kill is absent, the offender may only be charged with Serious, Less Serious, or Slight Physical Injuries, regardless of the severity of the wounds or the presence of qualifying circumstances like treachery. Intent is determined by the weapon used, the site of the wound, and the conduct of the accused during the attack.