In the Philippine legal landscape, the sanctity of the home and the security of personal property are protected under the Revised Penal Code (RPC). While many understand the penalties for crimes successfully committed, the law is equally rigorous regarding frustrated and attempted stages of felonies.
When an individual intends to commit a crime but fails to execute all acts of execution due to external intervention or timely discovery, they are still criminally liable.
I. Understanding the "Attempted" Stage of a Felony
Under Article 6 of the Revised Penal Code, there is an attempt when the offender begins the commission of a felony directly by overt acts, but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
- Overt Act: A physical activity that indicates the intention to commit a specific crime (e.g., prying open a window).
- No Spontaneous Desistance: If the perpetrator stops because they felt guilty, they might not be liable for the attempt. If they stop because a neighbor shouted or an alarm went off, they are liable.
II. Attempted Trespass to Dwelling
Article 280 of the RPC governs "Qualified Trespass to Dwelling." It is committed by any private person who enters the dwelling of another against the latter’s will.
1. Elements of the Attempted Stage
Attempted trespassing occurs when a person tries to enter a private residence against the owner's express or implied prohibition but is stopped before they can fully enter the premises.
- Example: Someone is caught climbing a perimeter fence or picking the lock of a front door.
2. Legal Defenses and Exceptions
The law does not punish entry if:
- The purpose is to prevent serious harm to oneself, the occupants, or the public.
- The purpose is to render some service to humanity (e.g., putting out a fire).
- The entry is into cafes, inns, or public establishments while they are open.
3. Penalties
The penalty for the consummated crime is arresto mayor (1 month and 1 day to 6 months) and a fine. For the attempted stage, the penalty is generally lowered by two degrees, which may result in arresto menor (1 to 30 days).
III. Attempted Robbery
Robbery, defined under Articles 293 to 305, involves the taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of persons, or force upon things.
1. Attempted Robbery with Force Upon Things
This occurs when a perpetrator begins to break a wall, roof, floor, door, or window to enter a building with the intent to steal, but is caught before they can actually take any property.
- Key Action: The "breaking" or "entering" has begun, but no property has been moved or secured by the thief.
2. Attempted Robbery with Violence or Intimidation
This occurs when an offender threatens a victim with a weapon or physical force to demand money or valuables, but the victim manages to escape or the offender is apprehended before the hand-over of the property occurs.
3. Penalties for Attempted Robbery
The RPC follows a graduated scale. If the penalty for a consummated robbery is prision mayor, the attempted stage will typically be punished by prision correccional (6 months and 1 day to 6 years), depending on the specific circumstances and the value of the intended loot.
IV. Legal Actions: Steps for the Victim
If you are a victim of attempted trespassing or robbery, the Philippine justice system provides a clear path for redress:
| Step | Action | Description |
|---|---|---|
| 1 | Immediate Reporting | Report the incident to the nearest Philippine National Police (PNP) station to have it recorded in the Police Blotter. |
| 2 | Evidence Gathering | Secure CCTV footage, take photos of damaged locks/windows, and gather statements from witnesses. |
| 3 | Filing a Complaint | File a formal complaint (Affidavit-Complaint) with the Office of the City or Provincial Prosecutor for Preliminary Investigation. |
| 4 | Inquest (If Caught) | If the perpetrator was caught in flagrante delicto (in the act), they will undergo Inquest Proceedings for immediate filing of charges in court. |
V. The Right to Self-Defense
Under Article 11 of the RPC, a person does not incur criminal liability if they act in defense of their person or rights (Self-Defense) or their property, provided that:
- There is unlawful aggression (the trespasser or robber is actively threatening harm).
- The means employed to prevent or repel it are reasonable.
- There was lack of sufficient provocation on the part of the person defending themselves.
Note: Shooting an unarmed, retreating trespasser is generally not considered "reasonable necessity" and could lead to criminal charges against the homeowner.
VI. Civil Liability
Even if the criminal case is for an "attempted" crime, the victim may still sue for Civil Damages under the New Civil Code of the Philippines. This includes:
- Actual Damages: For repairs to broken doors/fences.
- Moral Damages: For the mental anguish and sleepless nights caused by the intrusion.
- Exemplary Damages: Imposed as a deterrent to the public.