Frustrated Homicide Case Hearing Procedure in the Philippines: A Comprehensive Guide for Practitioners and Litigants
1. Statutory Foundations
| Provision | Key Text / Effect |
|---|---|
| Revised Penal Code (RPC) Art. 249 | Defines homicide and prescribes the penalty of reclusión temporal (12 years & 1 day – 20 years). |
| RPC Art. 6 | Enumerates stages of execution (attempted, frustrated, consummated). |
| RPC Art. 50 | For a frustrated felony, imposes a penalty one degree lower than that for the consummated crime. → Frustrated homicide = prisión mayor (6 years & 1 day – 12 years). |
| Rules of Criminal Procedure (RoCP) | Rule 110 (Information), Rule 112 (Preliminary Investigation), Rule 114 (Bail), Rule 116–121 (Trial, Judgment, MR, Appeal). The 2021–2024 amendments (A.M. No. 21-06-22-SC, eff. May 1 2024) modernize timelines and video-conference appearances. |
| Judicial Affidavit Rule (A.M. No. 12-8-8-SC) | Allows witness testimony by sworn written affidavit in lieu of direct examination. |
| Bail Guidelines (A.M. No. 20-06-14-SC, 2022) | Updated uniform bail schedule. Frustrated homicide remains bailable as a matter of right pre-conviction. |
2. Elements of Frustrated Homicide
Acts which would directly and unerringly produce the victim’s death;
Intent to kill (animus interficendi) is evident—proved by weapon used, wound location, statements, or surrounding acts;
The victim did not die because of causes independent of the accused’s will (e.g., timely medical intervention);
The acts are not justified nor exempted.
Key jurisprudence: People v. Catubig (G.R. 174476, Feb 26 2008); People v. Butil (G.R. 140024, Mar 12 2002); People v. Ulep (G.R. 195324, Jan 22 2014). These decisions stress intent-to-kill proof and the life-saving role of prompt medical treatment.
3. Penalty, Prescription & Collateral Consequences
| Aspect | Details |
|---|---|
| Penalty | Prisión mayor in any of its periods (6 yrs & 1 day – 12 yrs). Court chooses period & minimum–maximum under the Indeterminate Sentence Law (ISL). |
| Civil Liability | Automatic unless waived or reserved. Includes actual, temperate, moral, exemplary damages; heirs may intervene (Art. 100, RPC; Art. 29, Civil Code). |
| Prescription of Crime | 15 years (RPC Art. 90). |
| Prescription of Penalty | 10 years if sentence < 6 yrs & 1 day; 15 years if ≥ 6 yrs & 1 day (RPC Art. 92). |
| Expungement / Probation | Probation possible if the penalty imposed does not exceed 6 yrs and no disqualifying circumstances (Probation Law, P.D. 968 as amended). |
4. Jurisdiction & Venue
- Regional Trial Court (RTC): Exclusive original jurisdiction (Judiciary Reorganization Act, B.P. 129, §20) because the prescribed penalty exceeds 6 years.
- Venue: Where the essential elements of the offense occurred (Rule 110 §15). If shots were fired in one place and the victim collapsed elsewhere, venue lies where any acts of execution happened.
5. Chronology of a Typical Frustrated Homicide Case
Incident & Police Action
- Police blotter, arrest (warrantless if in flagrante, hot pursuit, or escapee).
- Custodial inquest within 36 hrs; otherwise, referral to regular preliminary investigation.
Prosecutor’s Preliminary Investigation (Rule 112)
- Complaint-Affidavits from victim and witnesses; counter-affidavit from respondent.
- Finding of probable cause → information filed; otherwise, dismissal.
Filing & Raffle of Information (Rule 110)
- Verified by prosecutor, approved by provincial/city prosecutor or Ombudsman (if public officer).
Issuance of Warrant / Summons
- RTC judge personally evaluates evidence within 10 days of filing; may conduct supporting witness examination (Solciano v. Court of Appeals, G.R. 109573).
Bail
- Bailable as a matter of right before conviction (Rule 114 §4).
- Bail may be cash, surety, property, recognizance, or electronic bond (2022 Rules).
Arraignment & Plea (Rule 116)
- Must occur within 30 days from court acquisition of jurisdiction over the accused.
- Plea bargaining: Accused may plead guilty to attempted homicide or serious physical injuries with prosecutor and offended party’s consent (A.M. No. 18-03-16-SC Plea Bargaining Guidelines).
Pre-Trial (Rule 118)
- Compliance with Continuous Trial Guidelines (A.M. No. 15-06-10-SC)—mark evidence, stipulate facts, consider mediation for civil aspect.
Trial Proper (Rule 119)
Stage Timeline (continuous-trial standards) Prosecution evidence ≤ 90 calendar days; judicial affidavits + limited cross. Demurrer to Evidence Filed within 10 days after rest; court resolves in 30. Defense evidence Same limits as prosecution. Rebuttal / Sur-rebuttal Only if authorized; tight scheduling. Formal Offer of Evidence Oral or written within 5 days. Judgment (Rule 120)
- Promulgated within 90 days from submission of case; via open court or video link.
- Conviction → court imposes indeterminate sentence (e.g., 4 yrs & 2 mos of prisión correccional as minimum to 8 yrs & 1 day of prisión mayor as maximum) plus civil awards.
Post-Judgment Remedies
- Motion for Reconsideration / New Trial (Rule 121) within 15 days.
- Appeal to the Court of Appeals (Rule 122) within 15 days; further review by the Supreme Court on questions of law (Rule 45).
Execution & Penalty Service
- Commitment order issued; credit for preventive imprisonment under Art. 29, RPC, and R.A. 10592 (Good Conduct Time Allowance).
6. Evidentiary Nuggets & Litigation Tips
| Issue | What the Courts Look For | Common Proof |
|---|---|---|
| Intent to Kill | Weapon lethality, vital part hit, manner of attack, utterances, motive | Medico-legal certificate, trajectory analysis, eyewitnesses |
| “Independent Causes” | Clear nexus between treatment & survival; defense cannot cite poor medical care | Hospital records, surgeon testimony |
| Qualifying / Aggravating Circumstances | Treachery, evident premeditation, abuse of superior strength, use of motor vehicle, etc. | CCTV, ballistics, planning messages |
| Negative Defense (e.g., alibi) | Must be credible and impossible to be at scene | Travel logs, GPS data, witness corroboration |
| Justifying / Exempting | Self-defense (Art. 11) shifts burden to accused to prove lawful aggression, reasonable necessity, lack of provocation | Photographs of injuries, forensics on gunpowder residue |
7. Comparison With Related Offenses
| Offense | Distinguishing Feature | Penalty |
|---|---|---|
| Attempted Homicide | Wounds not fatal or act merely begins execution (e.g., gun jams) | Prisión correccional (2 yrs 4 mos – 6 yrs) |
| Serious Physical Injuries | No intent to kill proven | Penalty tied to period of incapacity (Art. 263) |
| Murder | Presence of any qualifying circumstance (treachery, etc.) | Reclusión temporal to reclusión perpetua |
8. Special Procedural Scenarios
- Video-Conferenced Hearings: Allowed under A.M. No. 21-06-22-SC; remote testimony permissible.
- Plea of Guilty to Lesser Offense after trial starts is still allowed if prosecutor and offended party consent; civil damages remain.
- Absconding Accused: Trial in absentia after valid arraignment; judgment promulgated in absentia; 15-day grace period.
- Juvenile Offenders (R.A. 9344 as amended): Diversion and automatic suspended sentence if below 18 and penalty ≤ reclusión temporal.
9. Sample Litigational Timeline (Continuous-Trial-Compliant)
| Day | Milestone |
|---|---|
| 0 | Information filed & warrant issued |
| 10 | Arrest & bail approval |
| 25 | Arraignment + pre-trial order issued |
| 40 | Prosecution starts; 4 weekly hearings |
| 90 | Prosecution rests; demurrer window |
| 110 | Defense starts; 3 weekly hearings |
| 140 | Formal offers closed |
| 210 | Decision promulgated |
10. Recent Jurisprudence Highlights (2019 – 2024)
| Case | G.R. No. | Date | Doctrine |
|---|---|---|---|
| People v. Posadas | 253811 | Aug 23 2022 | Medical attendance salvaging victim → frustrated homicide despite 3-hour delay. |
| People v. Alinsunurin | 250590 | Mar 10 2021 | Two gunshot wounds in chest + rapid surgery = frustrated homicide, treachery appreciated. |
| People v. Ceralde | 244216 | Oct 14 2019 | Self-defense rejected; intent to kill inferred from repeated bolo blows to neck. |
11. Practical Checklist for Counsel
For the Prosecution
- Secure Medico-Legal Certificate early.
- Use Judicial Affidavit to lock in witnesses.
- Establish lethality and intent to kill; invite treating physician.
- Anticipate plea-bargain offers; consult victim’s family.
For the Defense
- Scrutinize chain of custody of weapon & forensic results.
- Explore plea to serious physical injuries if intent to kill shaky.
- If claiming self-defense, gather physical evidence (entry-exit wounds, CCTV).
- Consider probation if penalty may fall ≤ 6 years.
12. Key Take-Aways
- Bailable, RTC-triable, and civil liability-laden—frustrated homicide demands meticulous evidence on animus interficendi and medical causation.
- The 2024 amendments to the Rules of Criminal Procedure further compress timelines and encourage digital tools, making case management discipline crucial.
- Plea bargaining and probation remain viable mitigation avenues, balanced against victims’ rights.
- Continuous-trial directives, judicial affidavits, and video-conferenced proceedings collectively aim for verdicts within roughly 6–9 months from filing—an achievable goal when parties and court cooperate.
Prepared July 8 2025, in Quezon City. This article synthesizes prevailing statutes, Supreme Court circulars, and jurisprudence as of the date above. For case-specific advice, always consult the latest issuances and seek professional counsel.