In the Philippine criminal justice system, distinguishing between Frustrated Murder and Attempted Homicide is a critical exercise in legal classification. While both involve an unlawful intent to kill that does not result in death, they occupy vastly different spaces in the Revised Penal Code (RPC) regarding severity, intent, and the stages of execution.
Understanding these differences requires an analysis of three key elements: the intent of the perpetrator, the extent of the injuries inflicted, and the presence of qualifying circumstances.
1. The Stages of Execution
To differentiate these crimes, one must first understand Article 6 of the RPC, which defines the stages of a felony:
- Attempted: 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 their own spontaneous desistance.
- Frustrated: The offender 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.
The "Mortal Wound" Test
The most practical distinction between the two often rests on whether a mortal wound was inflicted.
- In Attempted Homicide/Murder, the wound is generally non-fatal. The perpetrator was stopped (e.g., the victim ran away, or the gun jammed) before they could finish the "acts of execution."
- In Frustrated Homicide/Murder, the perpetrator has done everything necessary to kill the victim (e.g., stabbed them in a vital organ). The victim survives only due to timely medical intervention or a "miracle," which are causes independent of the perpetrator's will.
2. Homicide vs. Murder: The Qualifying Circumstances
The distinction between Homicide and Murder (whether attempted or frustrated) depends entirely on the presence of Qualifying Circumstances under Article 248 of the RPC.
A crime is classified as Murder (Attempted or Frustrated) if any of the following are present:
- 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, etc.
- Evident Premeditation: A cold and calculated determination to kill.
- Cruelty: Deliberately augmenting the suffering of the victim.
If none of these circumstances are proven, the crime is classified as Homicide (Attempted or Frustrated).
3. Comparison Table: Key Legal Differences
| Feature | Attempted Homicide | Frustrated Murder |
|---|---|---|
| Acts of Execution | Not all acts are performed. | All acts of execution are completed. |
| Nature of Injury | Usually non-mortal or slight. | Mortal or fatal without medical aid. |
| Qualifying Circumstance | None present. | At least one (e.g., Treachery) is present. |
| Intent to Kill | Must be clearly proven. | Must be clearly proven. |
| Penalty (RPC) | Prision correccional (lower tier). | Prision mayor to Reclusion temporal. |
4. The Requirement of Intent to Kill
In both frustrated and attempted stages, the intent to kill is the indispensable element that separates these crimes from Serious or Less Serious Physical Injuries.
Philippine jurisprudence dictates that intent to kill cannot be presumed; it must be proved by:
- The nature and location of the wounds.
- The type of weapon used.
- The conduct of the culprit before, during, and after the attack.
- The force of the blow.
If a person stabs another in the arm with no intent to kill, it is Physical Injuries. If they stab the person in the chest with a clear intent to kill, but the victim is saved by a surgeon, it is Frustrated Homicide (or Murder, if treachery was involved).
5. Penalties and Gravity
Under the graduated scale of penalties in the RPC:
- Consummated Crime: Full penalty (e.g., Reclusion Perpetua for Murder).
- Frustrated Stage: Penalty is lowered by one degree.
- Attempted Stage: Penalty is lowered by two degrees.
Therefore, a person charged with Attempted Homicide faces a significantly lighter prison sentence than someone charged with Frustrated Murder, as the latter involves both a more advanced stage of execution and a more heinous qualifying circumstance.