Introduction

In the Philippines, frustrated murder is punished under the Revised Penal Code. It arises when the offender performs all acts of execution that would have produced the crime of murder as a consequence, but the victim does not die because of causes independent of the offender’s will.

The key idea is this:

The offender intended to kill and performed acts sufficient to kill, with murder qualifying circumstances present, but death did not result.

The penalty for frustrated murder is not the same as consummated murder. Under the Revised Penal Code system, the penalty for a frustrated felony is generally one degree lower than the penalty prescribed for the consummated felony.

Because consummated murder is punished by reclusion perpetua to death, and because the death penalty is not currently imposed in the Philippines, the computation of the imposable penalty for frustrated murder requires understanding the rules on degrees of penalties, stages of execution, qualifying circumstances, modifying circumstances, and indeterminate sentencing.

1. What Is Frustrated Murder?

Frustrated murder is not separately defined in one single article of the Revised Penal Code. It is understood by combining:

the definition of murder;
the rules on stages of execution;
the rules on penalties by degree.

A felony is frustrated when the offender performs all the acts of execution that would produce the felony as a consequence, but the felony is not produced by reason of causes independent of the offender’s will.

In murder cases, this means:

the offender intended to kill;
the offender performed all acts believed necessary to kill;
the victim survived;
the survival was due to causes independent of the offender’s will;
at least one circumstance qualifying the killing to murder was present.

2. Difference Between Consummated, Frustrated, and Attempted Murder

The stage of execution is critical because it determines the penalty.

A. Consummated Murder

Murder is consummated when the victim dies.

Example:

The offender attacks the victim with treachery, and the victim dies.

B. Frustrated Murder

Murder is frustrated when the offender performs all acts of execution that should have caused death, but the victim survives due to causes independent of the offender’s will.

Example:

The offender shoots the victim in the head or chest with intent to kill and with treachery, but the victim survives because of timely medical treatment.

C. Attempted Murder

Murder is attempted when the offender begins the commission of murder directly by overt acts but does not perform all acts of execution due to a cause other than spontaneous desistance.

Example:

The offender aims and fires at the victim with treachery, but misses; or stabs the victim but is restrained before completing the attack.

3. Elements of Murder

To understand frustrated murder, one must first understand murder.

Under Philippine criminal law, killing becomes murder when a person is killed and the killing is attended by any of the qualifying circumstances provided by law.

Common qualifying circumstances include:

treachery;
taking advantage of superior strength;
aid of armed men;
means to weaken the defense;
means or persons to insure or afford impunity;
in consideration of a price, reward, or promise;
by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of an airship, motor vehicle, or other means involving great waste and ruin;
on occasion of calamities or destructive events;
evident premeditation;
cruelty;
outraging or scoffing at the person or corpse of the victim.

In frustrated murder, the victim does not die. But the prosecution must still prove that the attack would have been murder had death resulted.

4. Elements of Frustrated Murder

The elements of frustrated murder are generally:

The offender performed all acts of execution that would have produced death.
The offender had intent to kill.
The victim did not die.
The victim’s survival was due to causes independent of the offender’s will.
The attack was attended by at least one circumstance that would qualify the killing as murder.

Each element must be proven beyond reasonable doubt.

5. Intent to Kill

Intent to kill is essential in frustrated murder.

Without intent to kill, the offense may be physical injuries, discharge of firearm, alarm and scandal, grave coercion, or another offense, depending on the facts.

How Intent to Kill Is Proven

Intent to kill may be shown by:

the weapon used;
the number of wounds;
the location of wounds;
the manner of attack;
words uttered by the accused;
prior threats;
motive;
persistence of attack;
severity of injuries;
conduct before, during, and after the incident;
whether the accused prevented medical assistance;
whether the accused fled after the attack;
whether the accused aimed at a vital part of the body.

Examples Showing Intent to Kill

Intent to kill may be inferred where the accused:

stabbed the victim in the chest;
shot the victim in the head;
repeatedly hacked the victim;
fired several times at close range;
continued attacking after the victim fell;
used a deadly weapon on a vital body part.

Examples Where Intent to Kill May Be Doubtful

Intent to kill may be disputed where:

the injury is superficial;
the weapon used was not deadly;
the attack was impulsive and minor;
only one non-vital wound was inflicted;
the accused immediately helped the victim;
the accused stopped voluntarily;
the evidence shows only intent to injure.

If intent to kill is not proven, frustrated murder cannot be sustained.

6. The Victim Must Survive

If the victim dies, the case is consummated murder, not frustrated murder.

If the victim survives, the court examines whether the accused had already performed all acts necessary to kill. If yes, the offense may be frustrated murder. If not, it may be attempted murder or physical injuries.

The fact that the victim survived does not automatically make the offense frustrated murder. The prosecution must still prove that death would have resulted without independent causes such as medical intervention or other circumstances.

7. Causes Independent of the Offender’s Will

For frustrated murder, the victim’s survival must be due to causes independent of the offender’s will.

Examples include:

timely medical treatment;
emergency surgery;
intervention by other persons;
victim’s physical resilience;
malfunctioning weapon after a fatal attack already commenced;
police intervention;
accidental circumstances preventing death;
immediate transport to hospital.

If the offender voluntarily stops before completing the acts of execution, the offense may not be frustrated murder. It may be attempted murder or another offense, depending on what acts were completed.

8. Frustrated Murder Versus Physical Injuries

This is a common issue.

A person who wounds another is not automatically guilty of frustrated murder. If intent to kill is absent, the offense is usually physical injuries.

Frustrated Murder

Requires:

intent to kill;
acts sufficient to cause death;
victim survives due to independent causes;
murder qualifying circumstance.

Physical Injuries

Generally applies when:

there is intent to injure, not kill;
the wounds are not fatal;
the accused did not perform all acts necessary to kill;
no intent to kill is proven.

Example

If the accused slaps, punches, or lightly wounds the victim without intent to kill, the offense is not frustrated murder.

If the accused shoots the victim in the chest at close range, with treachery, and the victim survives because of surgery, the offense may be frustrated murder.

9. Frustrated Murder Versus Attempted Murder

The difference is whether the offender performed all acts of execution.

Attempted Murder

The offender starts the attack but does not complete all acts necessary to kill.

Examples:

accused fires but misses;
accused tries to stab but is restrained;
accused points a gun and pulls trigger but gun misfires before injury;
accused wounds the victim but not in a way that would normally cause death.

Frustrated Murder

The offender completes all acts that would normally cause death, but the victim survives due to independent causes.

Examples:

accused stabs victim in the chest, piercing a vital organ, but doctors save the victim;
accused shoots victim in the head, but victim survives after surgery;
accused repeatedly hacks victim and leaves victim for dead, but victim is rescued.

10. The Role of Medical Evidence

Medical evidence is very important in frustrated murder cases.

A medico-legal report, doctor’s testimony, hospital records, and expert evidence may help prove:

nature of the wounds;
location of injuries;
whether the wounds were fatal;
whether vital organs were affected;
whether death would have resulted without medical intervention;
degree of physical injury;
duration of healing;
whether the weapon used was consistent with the wounds.

Why Medical Evidence Matters

If medical evidence shows that the wounds were not fatal, the charge of frustrated murder may fail.

If the doctor testifies that the wound could have caused death without timely medical treatment, this supports frustrated murder.

However, medical evidence is not always the only basis. Intent to kill and qualifying circumstances may also be inferred from the totality of evidence.

11. Qualifying Circumstances in Frustrated Murder

For the crime to be frustrated murder rather than frustrated homicide, there must be at least one qualifying circumstance.

The most common is treachery.

12. Treachery

Treachery exists when the offender employs means, methods, or forms of attack that directly and specially ensure execution without risk to the offender arising from any defense the victim might make.

Elements of Treachery

The means of execution gave the victim no opportunity to defend himself or retaliate.
The means of execution was deliberately or consciously adopted.

Examples

Treachery may be present when:

the victim was attacked from behind;
the victim was sleeping;
the victim was unarmed and suddenly attacked;
the victim was ambushed;
the victim was attacked while defenseless;
the victim was shot without warning;
the victim was a child or otherwise unable to defend.

Effect

If treachery is proven, the attack is qualified to murder. If death does not result but all acts of execution were performed, the offense may be frustrated murder.

13. Evident Premeditation

Evident premeditation may qualify the offense to murder if proven.

Elements

The offender determined to commit the crime.
An act showed persistence in that determination.
Sufficient time elapsed between determination and execution to allow reflection.

Challenge

Evident premeditation is often difficult to prove because it requires evidence of planning and persistence, not mere anger or prior argument.

14. Abuse of Superior Strength

Taking advantage of superior strength may qualify the killing to murder if the accused purposely used excessive force out of proportion to the victim’s means of defense.

Examples:

several armed persons attacking one unarmed victim;
adult attacking a small child;
multiple attackers overwhelming a lone victim.

It must be shown that the offender deliberately used superior strength to ensure the attack.

15. Cruelty

Cruelty qualifies the killing to murder when the offender deliberately and inhumanly increases the victim’s suffering.

In frustrated murder, cruelty may be alleged when the offender intentionally inflicted unnecessary suffering beyond what was needed to kill.

Cruelty is not present merely because there were multiple wounds. The prosecution must show deliberate intent to augment suffering.

16. Price, Reward, or Promise

If the attack was committed in consideration of price, reward, or promise, the crime may be murder.

Example:

A person is paid to kill another. The hired killer shoots the victim, performs all acts necessary to kill, but the victim survives due to surgery.

This may be frustrated murder, and both the principal by inducement and the direct participant may be liable depending on the facts.

17. Frustrated Homicide Versus Frustrated Murder

The distinction depends on qualifying circumstances.

Frustrated Homicide

There is intent to kill, and the victim survives, but no qualifying circumstance exists.

Frustrated Murder

There is intent to kill, the victim survives, and a qualifying circumstance exists.

Penalty Difference

Frustrated murder carries a heavier penalty because murder is punished more severely than homicide.

18. Penalty for Consummated Murder

Under the Revised Penal Code, consummated murder is punished by:

reclusion perpetua to death

Since the death penalty is not currently imposed, courts impose penalties consistent with the current legal framework. However, for purposes of determining the penalty for frustrated murder, the penalty prescribed for consummated murder remains important because the rules on graduation of penalties begin from the penalty prescribed by law.

19. General Rule for Frustrated Felonies

The Revised Penal Code provides that the penalty for a frustrated felony is generally:

one degree lower than that prescribed by law for the consummated felony.

Therefore, because consummated murder is punished by reclusion perpetua to death, frustrated murder is punished by the penalty one degree lower.

20. Penalty One Degree Lower Than Reclusion Perpetua to Death

The penalty one degree lower than reclusion perpetua to death is generally:

reclusion temporal

Thus, the penalty for frustrated murder is generally reclusion temporal, subject to the rules on modifying circumstances, indivisible penalties, privileged mitigating circumstances, and the Indeterminate Sentence Law.

21. Duration of Reclusion Temporal

Reclusion temporal has a duration of:

12 years and 1 day to 20 years

It is divided into three periods:

Minimum Period

12 years and 1 day to 14 years and 8 months

Medium Period

14 years, 8 months and 1 day to 17 years and 4 months

Maximum Period

17 years, 4 months and 1 day to 20 years

These periods matter when the court applies ordinary mitigating and aggravating circumstances.

22. Basic Penalty for Frustrated Murder

The basic penalty for frustrated murder is:

reclusion temporal

Meaning the accused may face imprisonment from 12 years and 1 day to 20 years, before applying the Indeterminate Sentence Law.

However, the actual sentence imposed by the court is usually stated as an indeterminate sentence, with:

a minimum term taken from the penalty next lower in degree; and
a maximum term taken from the proper period of reclusion temporal.

23. The Indeterminate Sentence Law

The Indeterminate Sentence Law generally applies when the penalty is imprisonment exceeding one year, unless an exception applies.

For frustrated murder, courts typically impose an indeterminate sentence.

Structure

The sentence has:

a minimum term; and
a maximum term.

Maximum Term

The maximum term is selected from the proper period of the imposable penalty, usually reclusion temporal, after considering aggravating and mitigating circumstances.

Minimum Term

The minimum term is selected from the penalty next lower in degree to the imposable penalty.

For frustrated murder, since the imposable penalty is generally reclusion temporal, the penalty next lower is generally prision mayor.

24. Duration of Prision Mayor

Prision mayor has a duration of:

6 years and 1 day to 12 years

It is divided into:

Minimum Period

6 years and 1 day to 8 years

Medium Period

8 years and 1 day to 10 years

Maximum Period

10 years and 1 day to 12 years

For the minimum term of the indeterminate sentence, the court may select a term within prision mayor, unless a different rule applies due to privileged mitigating circumstances or other legal effects.

25. Sample Sentence for Frustrated Murder

If the penalty is reclusion temporal in its medium period, an example sentence may be:

8 years and 1 day of prision mayor, as minimum, to 14 years, 8 months and 1 day of reclusion temporal, as maximum.

The exact sentence depends on the circumstances proven.

26. Effect of Ordinary Aggravating and Mitigating Circumstances

Once the proper penalty is determined, the court applies ordinary aggravating and mitigating circumstances.

If There Are No Ordinary Mitigating or Aggravating Circumstances

The penalty is generally imposed in the medium period.

For frustrated murder:

reclusion temporal in its medium period 14 years, 8 months and 1 day to 17 years and 4 months.

If There Is One Ordinary Mitigating Circumstance and No Aggravating Circumstance

The penalty is generally imposed in the minimum period.

For frustrated murder:

reclusion temporal in its minimum period 12 years and 1 day to 14 years and 8 months.

If There Is One Ordinary Aggravating Circumstance and No Mitigating Circumstance

The penalty is generally imposed in the maximum period.

For frustrated murder:

reclusion temporal in its maximum period 17 years, 4 months and 1 day to 20 years.

If Both Mitigating and Aggravating Circumstances Exist

They may offset each other according to the rules.

27. Qualifying Versus Aggravating Circumstances

A qualifying circumstance changes the nature of the crime.

For example, treachery qualifies a killing from homicide to murder.

Once used as a qualifying circumstance, it cannot again be used as an ordinary aggravating circumstance to increase the penalty.

Example

If treachery qualifies the crime to frustrated murder, treachery cannot also be counted again as an aggravating circumstance.

However, if there is another separate aggravating circumstance, such as dwelling or nighttime, it may affect the period of the penalty if properly alleged and proven.

28. Circumstances Must Be Alleged in the Information

A qualifying or aggravating circumstance must generally be alleged in the criminal information and proven during trial.

If not alleged, it generally cannot be used to qualify the offense or aggravate the penalty, even if evidence appears during trial.

This rule protects the accused’s constitutional right to be informed of the nature and cause of the accusation.

Practical Effect

If the information charges frustrated murder based on treachery, but treachery is not proven, the accused may be convicted of frustrated homicide if intent to kill and frustration are proven.

If neither intent to kill nor fatal nature of wounds is proven, the conviction may be for physical injuries or another offense.

29. Privileged Mitigating Circumstances

Privileged mitigating circumstances are different from ordinary mitigating circumstances. They lower the penalty by one or more degrees.

Examples include:

minority;
incomplete self-defense;
incomplete justification or exemption;
other circumstances expressly given privileged effect by law.

Effect

If a privileged mitigating circumstance applies, the penalty may be reduced by degree before the court applies ordinary mitigating and aggravating circumstances.

Example

If the accused is a minor and acted with discernment, the penalty may be reduced depending on age and applicable juvenile justice rules.

30. Minority and Children in Conflict With the Law

If the accused is below 18 years old at the time of the offense, special rules apply under juvenile justice law.

Important issues include:

age at the time of commission;
discernment;
diversion, if applicable;
suspension of sentence;
rehabilitation;
privileged mitigating effect of minority;
possible civil liability.

A child in conflict with the law is not treated in exactly the same way as an adult offender.

31. Self-Defense and Frustrated Murder

If the accused acted in complete self-defense, there is no criminal liability.

Elements of Self-Defense

unlawful aggression by the victim;
reasonable necessity of the means used to prevent or repel aggression;
lack of sufficient provocation on the part of the person defending himself.

If all elements are proven, the accused may be acquitted.

If only some elements are present, incomplete self-defense may mitigate liability.

Effect on Frustrated Murder

If self-defense is rejected but incomplete self-defense is appreciated, the penalty may be reduced.

If unlawful aggression is absent, self-defense generally fails.

32. Passion and Obfuscation

Passion and obfuscation may be an ordinary mitigating circumstance if the accused acted due to powerful emotion arising from lawful or sufficient cause.

It does not erase liability, but may reduce the period of penalty.

It does not apply merely because the accused was angry. The cause must be sufficient and proximate.

33. Voluntary Surrender

Voluntary surrender may mitigate liability if the accused surrendered spontaneously to authorities, showing intent to submit unconditionally.

Requirements usually include:

the accused had not yet been arrested;
the surrender was voluntary;
the surrender was made to a person in authority or agent;
the act showed acknowledgment of responsibility or intent to submit to the law.

If appreciated, it may move the penalty to the minimum period if no aggravating circumstance offsets it.

34. Plea of Guilty

A plea of guilty may mitigate liability if made spontaneously and before presentation of evidence by the prosecution.

In serious offenses, courts still carefully receive evidence to determine the proper penalty, circumstances, and civil liability.

35. Dwelling as Aggravating Circumstance

Dwelling may aggravate the penalty if the crime was committed in the dwelling of the offended party and the latter did not give provocation.

In frustrated murder, dwelling may increase the penalty period if:

it is alleged in the information;
it is proven;
it is not absorbed by another circumstance.

36. Nighttime

Nighttime may aggravate the penalty if it was purposely sought or taken advantage of to facilitate the crime.

It is not automatically aggravating just because the attack happened at night.

If nighttime is absorbed in treachery, it may not be separately appreciated.

37. Use of Firearm

Use of a firearm may be relevant in several ways.

It may help prove:

intent to kill;
means used;
fatal nature of attack;
aggravating circumstances, depending on law and facts;
separate firearms law violations if the weapon was unlicensed or illegally possessed.

An accused charged with frustrated murder may also face separate charges for illegal possession of firearms or use of loose firearm, depending on the circumstances and applicable law.

38. Civil Liability in Frustrated Murder

Even if the victim survives, the accused may be ordered to pay civil liability.

Civil liability may include:

actual damages;
medical expenses;
hospital bills;
rehabilitation expenses;
lost income;
moral damages;
exemplary damages;
attorney’s fees in proper cases;
costs of suit;
other damages proven.

Because the victim survives, there are no death indemnity or burial expenses, but serious physical, emotional, and economic harm may still be compensated.

39. Actual Damages

Actual damages must generally be proven by receipts or competent evidence.

Examples include:

hospital bills;
surgery costs;
medication;
therapy;
laboratory tests;
professional fees;
transportation related to treatment;
medical devices;
rehabilitation costs.

If exact actual damages are not fully proven, temperate damages may sometimes be considered where some pecuniary loss is shown but the exact amount cannot be established.

40. Moral Damages

Moral damages may be awarded because the victim suffered physical pain, mental anguish, fear, anxiety, trauma, humiliation, or emotional suffering due to the crime.

In violent crimes such as frustrated murder, moral damages are often claimed because the victim survived a life-threatening attack.

41. Exemplary Damages

Exemplary damages may be awarded when the crime was attended by aggravating circumstances or when the court finds a need to set an example for the public good.

If a qualifying or aggravating circumstance is present, exemplary damages may be considered.

42. Attorney’s Fees and Costs

Attorney’s fees may be awarded in proper cases, especially where the victim was compelled to litigate or incur expenses to protect rights.

Costs may also be imposed according to procedural rules.

43. Bail in Frustrated Murder Cases

Frustrated murder is a serious offense. Whether bail is a matter of right or discretion depends on the imposable penalty and the strength of evidence.

For offenses punishable by reclusion perpetua, life imprisonment, or death, bail is discretionary when evidence of guilt is strong. Since frustrated murder is generally punished by reclusion temporal, bail is generally treated differently from consummated murder. However, actual bail issues depend on the charge, penalty, evidence, and court determination.

The accused may file a petition or motion for bail, and the prosecution may oppose depending on the circumstances.

44. Jurisdiction

Frustrated murder is tried before the proper Regional Trial Court because of the imposable penalty and nature of the offense.

The criminal case is prosecuted by the public prosecutor in the name of the People of the Philippines.

45. Prescription of the Offense

Prescription refers to the period within which the State must prosecute the offense.

Because frustrated murder carries an afflictive penalty, the prescriptive period is long. The exact period depends on the penalty and applicable provisions on prescription.

Prescription may be interrupted by the filing of a complaint or information in the proper proceedings, subject to procedural rules.

46. Frustrated Murder and Plea Bargaining

Plea bargaining may be possible in some criminal cases, subject to:

consent of the offended party, where required by rules or practice;
consent of the prosecutor;
approval of the court;
nature of the offense;
strength of evidence;
applicable plea bargaining guidelines;
public interest.

An accused charged with frustrated murder may seek to plead to a lesser offense such as frustrated homicide, attempted homicide, or physical injuries, depending on the evidence and prosecutorial approval.

The court is not bound to approve an improper plea bargain.

47. Downgrading From Frustrated Murder to Frustrated Homicide

A charge of frustrated murder may be downgraded if the qualifying circumstance is not proven.

Example

The information alleges treachery. The evidence shows a sudden frontal fight where both parties were aware and capable of defending themselves.

If intent to kill and fatal wounds are proven but treachery is not, the conviction may be for frustrated homicide.

48. Downgrading to Attempted Murder

A charge may be reduced from frustrated murder to attempted murder if the offender did not perform all acts necessary to kill.

Example

The accused fired at the victim with treachery but missed, or inflicted a wound that was not fatal and did not complete all acts of execution.

If intent to kill and qualifying circumstance are proven, attempted murder may apply.

49. Downgrading to Physical Injuries

A charge may be reduced to physical injuries if intent to kill is not proven.

Example

The accused hit the victim with a blunt object during a quarrel, causing injuries but not showing intent to kill.

Depending on the seriousness of the injuries, the conviction may be for serious, less serious, or slight physical injuries.

50. Frustrated Murder With Multiple Victims

If there are multiple victims, liability may be separate for each victim.

Examples:

one victim dies and another survives;
two victims survive fatal attacks;
one victim is wounded and another is unharmed.

The accused may face:

murder for the person killed;
frustrated murder for the person who survived fatal injuries;
attempted murder for the person attacked but not fatally wounded;
physical injuries for another victim, depending on intent and wounds.

The number of crimes depends on the number of victims, acts, intent, and circumstances.

51. Conspiracy in Frustrated Murder

Conspiracy exists when two or more persons agree to commit a felony and decide to commit it.

In conspiracy, the act of one may be the act of all.

Requirements

Conspiracy may be proven by:

prior agreement;
coordinated actions;
simultaneous attack;
blocking escape;
lookout role;
providing weapon;
participation before, during, or after the attack showing unity of purpose.

Mere presence at the scene is not enough. There must be proof of participation or agreement.

If conspiracy is proven, all conspirators may be liable for frustrated murder, even if only one inflicted the fatal wound, provided the criminal design is established.

52. Accomplices and Accessories

Not everyone involved is automatically a principal.

Principals

Those who directly participate, induce, or cooperate by indispensable acts.

Accomplices

Those who cooperate in the execution by previous or simultaneous acts that are not indispensable.

Accessories

Those who participate after the commission of the crime in ways punished by law, such as concealing the body, effects, or assisting escape under certain conditions.

In frustrated murder, liability depends on the role and participation of each accused.

53. Frustrated Murder and Intoxication

Intoxication may be mitigating or aggravating depending on circumstances.

It may be mitigating if not habitual and not intentional. It may be aggravating if habitual or intentionally sought to embolden the offender.

Intoxication does not automatically excuse the crime.

54. Relationship as Circumstance

Relationship may be aggravating or mitigating depending on the offense and circumstances. In violent crimes, relationship may affect penalty or civil liability depending on the facts.

In domestic violence contexts, other special laws may also apply.

55. Frustrated Murder and Domestic Violence

If the victim is a spouse, former spouse, partner, child, or person protected under special laws, additional legal consequences may arise.

The accused may face charges under special laws depending on the acts committed, relationship, and evidence.

A violent attack against a woman or child may involve both Revised Penal Code provisions and special protective laws, depending on prosecutorial evaluation.

56. Frustrated Murder and Children as Victims

If the victim is a child, circumstances such as treachery, abuse of superior strength, cruelty, or special protection laws may become relevant.

Attacks against children are treated seriously because children are often defenseless and vulnerable.

Depending on facts, the prosecution may charge frustrated murder or offenses under child protection laws.

57. Frustrated Murder and Lawful Arrest

If a person attacks a law enforcement officer or public officer, the charge may still be frustrated murder if the elements are present.

Other offenses may also be considered, such as direct assault, depending on the circumstances.

A single act may give rise to complex legal issues if the victim is a person in authority or agent of a person in authority.

58. Complex Crimes

A complex crime may arise when a single act constitutes two or more grave or less grave felonies, or when one offense is a necessary means to commit another.

For example, if one explosive act injures several persons and was intended to kill, the classification may involve complex crime analysis.

Complex crimes are technical and depend on the facts, number of victims, number of acts, and legal characterization.

59. Frustrated Murder by Poison

Poison may qualify a killing to murder. If the offender administers poison with intent to kill and performs all acts necessary to cause death, but the victim survives due to medical treatment, the crime may be frustrated murder.

Proof issues include:

toxicology;
chain of custody of samples;
symptoms;
motive;
opportunity;
identity of poison;
dosage;
causation;
medical intervention.

60. Frustrated Murder by Fire, Explosion, or Destructive Means

If the offender uses fire, explosion, or other destructive means to kill, and the victim survives, frustrated murder may be charged if the elements are present.

However, special laws on explosives, arson, destructive devices, or terrorism-related offenses may also be considered depending on facts.

If property is burned and persons are injured, the case may involve arson and crimes against persons.

61. Frustrated Murder by Vehicle

A vehicle may be used as a means to kill.

If a driver intentionally runs over a victim with qualifying circumstances and the victim survives due to medical treatment, frustrated murder may be considered.

However, if the incident is due to negligence rather than intent to kill, the offense may be reckless imprudence resulting in physical injuries, not frustrated murder.

The key distinction is intent.

62. Frustrated Murder and Reckless Imprudence

Frustrated murder requires criminal intent to kill. Reckless imprudence involves negligence, lack of foresight, or lack of skill.

Example of Reckless Imprudence

A driver negligently hits a pedestrian without intent to kill.

Example of Frustrated Murder

A driver deliberately accelerates toward a known enemy to run him over, with intent to kill.

The same physical result may lead to very different charges depending on intent.

63. Common Defenses in Frustrated Murder Cases

Common defenses include:

denial;
alibi;
mistaken identity;
self-defense;
defense of relative;
defense of stranger;
accident;
lack of intent to kill;
absence of qualifying circumstance;
wounds were not fatal;
victim’s injuries were caused by someone else;
unlawful aggression by the victim;
voluntary desistance;
intoxication affecting intent;
minority;
insanity, if legally established;
lack of conspiracy;
unreliable witnesses;
inconsistent medical evidence.

The strength of the defense depends on evidence.

64. Denial and Alibi

Denial and alibi are generally weak defenses when there is positive identification by credible witnesses.

For alibi to prosper, the accused must usually show that he was somewhere else and that it was physically impossible for him to be at the crime scene at the time of the offense.

65. Mistaken Identity

Mistaken identity may be a strong defense if the prosecution’s identification evidence is weak.

Factors include:

lighting conditions;
distance;
duration of observation;
witness familiarity with accused;
stress during event;
inconsistencies;
suggestive identification;
motive to falsely accuse;
delay in reporting;
presence of masks or obstructions.

66. Accident

Accident may be a defense if the injury occurred without criminal intent, fault, or negligence while the accused was performing a lawful act with due care.

For example, accidental discharge of a firearm may not be frustrated murder if intent to kill is absent, though other liability may arise depending on negligence or firearms law.

67. Lack of Fatal Wound

If the wounds were not fatal, frustrated murder may fail.

The offense may be attempted murder if intent to kill and qualifying circumstance are proven but not all acts of execution were performed.

If intent to kill is not proven, the offense may be physical injuries.

68. Voluntary Desistance

If the offender voluntarily stops before completing all acts of execution, the crime may not reach the frustrated stage.

However, the offender may still be liable for the acts already committed.

Example:

An accused points a knife, begins an attack, but voluntarily stops before inflicting a fatal wound. Depending on facts, liability may be for attempted felony or another offense.

Desistance must be voluntary, not caused by outside intervention or impossibility.

69. Insanity

Insanity may exempt a person from criminal liability if proven under strict standards.

Mere abnormal behavior, anger, jealousy, intoxication, or mental illness does not automatically establish legal insanity.

The defense must show that the accused was completely deprived of intelligence or freedom of action at the time of the act.

70. Frustrated Murder in Barangay or Settlement Context

Frustrated murder is a serious criminal offense and is not simply a barangay matter.

While parties may talk about settlement, criminal liability belongs to the State. The victim’s affidavit of desistance does not automatically dismiss the criminal case.

A compromise may affect civil liability or witness cooperation, but it does not necessarily extinguish criminal liability.

71. Affidavit of Desistance

An affidavit of desistance is a statement by the complainant or victim expressing lack of interest in pursuing the case.

In serious crimes such as frustrated murder, it does not automatically result in dismissal.

Courts treat such affidavits with caution because they may be caused by pressure, settlement, fear, or intimidation.

The prosecutor or court may continue the case if there is sufficient evidence.

72. Probation

Probation is generally not available when the penalty imposed exceeds the threshold allowed by probation law.

Since frustrated murder usually carries a serious penalty, probation is often unavailable if the imposed sentence exceeds the allowable limit.

However, if the conviction is for a lesser offense with a lower penalty, probation may become an issue, subject to legal requirements.

73. Parole and Good Conduct Time Allowance

Persons convicted and sentenced to imprisonment may be subject to rules on service of sentence, parole, and good conduct time allowance, depending on the offense, sentence, behavior, and applicable law.

Certain offenders may be disqualified from benefits depending on the nature of the offense or legal restrictions.

These are post-conviction matters and are separate from the court’s imposition of penalty.

74. Firearms and Frustrated Murder

If a firearm is used, several issues may arise:

Was the firearm licensed?
Was it used to commit the offense?
Was the firearm a loose firearm?
Was there a separate firearms charge?
Does the use of firearm affect penalty under special law?
Was there a permit to carry?
Was the firearm recovered?
Was ballistic evidence presented?

Use of an unlicensed firearm may have consequences under special firearms laws.

75. Frustrated Murder and Conspiracy to Kill

Conspiracy to commit a crime is generally not punishable unless the law specifically provides a penalty for conspiracy to commit that particular offense. But once the conspirators actually perform acts of execution and the victim survives, liability may be for frustrated murder if the elements are present.

If conspirators planned the killing, waited for the victim, and one of them shot the victim fatally but the victim survived, all may be liable as principals if conspiracy is proven.

76. Frustrated Murder and Command Responsibility

In ordinary criminal law, a person is liable for personal participation, conspiracy, inducement, cooperation, or other recognized forms of liability.

Mere rank, authority, or command position does not automatically make a person liable for frustrated murder unless a legal basis for liability is proven.

However, in special contexts involving public officers, military operations, or human rights violations, additional legal doctrines may be relevant.

77. Public Officers as Accused

If a public officer commits frustrated murder, ordinary criminal liability applies. Additional consequences may include:

administrative liability;
dismissal from service;
forfeiture of benefits;
disqualification from public office;
civil liability;
firearms consequences;
human rights proceedings, depending on facts.

If the act was committed under color of authority, the legal and evidentiary implications may be more serious.

78. Public Officers as Victims

If the victim is a public officer performing official duties, the facts may support additional or alternative charges, such as direct assault, depending on the circumstances.

If the accused intended to kill and qualifying circumstances are present, frustrated murder may still be charged.

79. Relationship Between Criminal and Civil Cases

The criminal action generally includes the civil action for damages arising from the offense, unless the offended party waives, reserves, or separately files the civil action as allowed by rules.

In frustrated murder, the victim may claim damages in the criminal case.

The civil aspect may include medical expenses, lost income, moral damages, and other compensation.

80. Settlement of Civil Liability

The victim and accused may settle civil liability. This may lead to payment of medical expenses or damages.

However, civil settlement does not automatically extinguish criminal liability for frustrated murder.

The criminal case may continue because the offense is prosecuted in the name of the People of the Philippines.

81. Importance of the Information

The criminal information is important because it states the offense charged and the circumstances alleged.

It should allege:

identity of accused;
identity of victim;
date and place;
acts committed;
intent to kill;
qualifying circumstance, such as treachery;
stage of execution, if frustrated;
weapon or means used, where relevant.

If treachery or another qualifying circumstance is not alleged, it generally cannot qualify the crime to murder.

82. Amendment of Information

The prosecution may seek to amend the information under procedural rules.

Amendment may be allowed before plea more liberally. After plea, substantial amendments are restricted because they may prejudice the rights of the accused.

If the original charge omits a qualifying circumstance, adding it later may be considered substantial.

83. Conviction for Lesser Included Offense

An accused charged with frustrated murder may be convicted of a lesser included offense if the evidence does not prove all elements of frustrated murder.

Possible lesser offenses include:

frustrated homicide;
attempted murder;
attempted homicide;
serious physical injuries;
less serious physical injuries;
slight physical injuries;
discharge of firearm;
other applicable offenses.

The conviction must be supported by the allegations and evidence.

84. Penalty Comparisons

Consummated Murder

Penalty prescribed: reclusion perpetua to death

Frustrated Murder

Penalty: one degree lower, generally reclusion temporal

Attempted Murder

Penalty: generally two degrees lower, commonly prision mayor

The exact penalty can vary depending on modifying circumstances and other legal rules.

85. Frustrated Murder Penalty With No Mitigating or Aggravating Circumstances

If there are no ordinary mitigating or aggravating circumstances, the maximum term is usually taken from reclusion temporal medium:

14 years, 8 months and 1 day to 17 years and 4 months

The minimum term is taken from prision mayor:

6 years and 1 day to 12 years

A possible indeterminate sentence may be:

8 years and 1 day of prision mayor, as minimum, to 14 years, 8 months and 1 day of reclusion temporal, as maximum.

The actual sentence depends on the court’s discretion within legal limits.

86. Frustrated Murder Penalty With One Mitigating Circumstance

If there is one ordinary mitigating circumstance and no aggravating circumstance, the maximum term is usually taken from reclusion temporal minimum:

12 years and 1 day to 14 years and 8 months

The minimum term is taken from prision mayor.

A possible indeterminate sentence may be:

6 years and 1 day of prision mayor, as minimum, to 12 years and 1 day of reclusion temporal, as maximum.

87. Frustrated Murder Penalty With One Aggravating Circumstance

If there is one ordinary aggravating circumstance and no mitigating circumstance, the maximum term is usually taken from reclusion temporal maximum:

17 years, 4 months and 1 day to 20 years

The minimum term is taken from prision mayor.

A possible indeterminate sentence may be:

10 years and 1 day of prision mayor, as minimum, to 17 years, 4 months and 1 day of reclusion temporal, as maximum.

The exact sentence depends on the court.

88. If the Qualifying Circumstance Is Not Proven

If the circumstance qualifying the crime to murder is not proven, the accused cannot be convicted of frustrated murder.

If intent to kill and frustration are proven, the conviction may be for frustrated homicide.

The penalty for frustrated homicide is lower than frustrated murder.

89. If Intent to Kill Is Not Proven

If intent to kill is not proven, the accused cannot be convicted of frustrated murder or frustrated homicide.

Depending on the injuries, the conviction may be for:

serious physical injuries;
less serious physical injuries;
slight physical injuries;
other related offense.

This is why intent to kill is one of the most contested issues in frustrated murder cases.

90. If the Victim’s Injuries Were Fatal but No Qualifying Circumstance Exists

If the offender intended to kill, performed all acts of execution, and the victim survived due to timely medical treatment, but no qualifying circumstance is proven, the offense is generally frustrated homicide, not frustrated murder.

91. If the Victim Was Not Hit

If the victim was not hit, the crime may be attempted murder if:

intent to kill is proven;
there was a direct overt act;
a qualifying circumstance exists;
the crime was not completed due to causes other than voluntary desistance.

Example:

The accused ambushes the victim and fires, but the bullet misses. If treachery and intent to kill are proven, this may be attempted murder.

92. If the Gun Misfired

If the accused aimed a gun and pulled the trigger but the gun misfired, the offense may be attempted murder if intent to kill and qualifying circumstance are proven.

If the accused had already performed all acts of execution and death was prevented by the weapon’s failure, classification depends on specific facts. Courts usually examine whether all acts of execution had been performed and whether the result failed due to causes independent of the accused’s will.

93. If the Victim Was Saved by Medical Treatment

This is a classic frustrated murder scenario.

Example:

The accused stabs the victim in the heart area with treachery. The victim undergoes emergency surgery and survives. The doctor testifies that without surgery, the victim would have died.

This strongly supports frustrated murder if intent to kill and treachery are proven.

94. If the Victim Was Left for Dead

Leaving the victim for dead may support intent to kill and frustration.

If the accused inflicts fatal injuries, stops only because he believes the victim is dead, and the victim survives after rescue, the crime may be frustrated murder if qualifying circumstances exist.

95. If the Accused Immediately Helped the Victim

If the accused immediately helped the victim, brought the victim to the hospital, or voluntarily prevented death, this may affect intent or stage depending on facts.

However, helping the victim after inflicting fatal wounds does not automatically erase criminal liability.

The court will examine:

whether the attack showed intent to kill;
whether all acts of execution had been completed;
why the accused helped;
whether the help was spontaneous;
whether the injuries were fatal;
whether there was voluntary desistance before completion.

96. Penalty If Frustrated Murder Is Committed With Privileged Mitigating Circumstance

If a privileged mitigating circumstance lowers the penalty by one degree, the penalty may be reduced from reclusion temporal to prision mayor.

If lowered by two degrees, it may go further down to prision correccional.

The exact effect depends on the privileged mitigating circumstance and court findings.

97. Penalty If Frustrated Murder Is Committed by a Minor

If the offender was a child in conflict with the law, juvenile justice rules apply.

Possible consequences include:

exemption if below the age of criminal responsibility;
discernment assessment for certain age groups;
diversion in appropriate cases;
privileged mitigating circumstance of minority;
suspension of sentence;
rehabilitation and intervention;
special detention and treatment rules.

The ordinary adult penalty framework may be modified substantially.

98. Frustrated Murder and Recidivism

Recidivism may aggravate the penalty if the accused was previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code and commits another such crime.

If properly alleged and proven, recidivism may affect the period of the penalty.

Habitual delinquency, if applicable, has separate rules.

99. Habitual Delinquency

Habitual delinquency applies only to specific crimes and under specific conditions. It does not automatically apply to every repeat offender.

If not applicable, the prosecution may still allege other aggravating circumstances depending on the accused’s criminal record and the law.

100. Preventive Imprisonment

An accused detained during trial may be credited with preventive imprisonment under applicable rules, depending on whether the accused agreed to abide by the same disciplinary rules as convicted prisoners and other legal requirements.

This affects service of sentence, not the classification of the offense.

101. Accessory Penalties

Reclusion temporal carries accessory penalties under the Revised Penal Code.

These may include civil interdiction or disqualification consequences, depending on the principal penalty imposed.

Accessory penalties are legal effects attached to the principal penalty.

102. Frustrated Murder and Damages Despite Acquittal

If the accused is acquitted because guilt was not proven beyond reasonable doubt, civil liability may still be possible in some situations if the acquittal is based on reasonable doubt and the act or omission is shown by preponderance of evidence.

However, if the court declares that the accused did not commit the act or that the act did not exist, civil liability arising from the offense may not be imposed.

This distinction depends on the wording of the judgment.

103. Practical Guidance for Victims

A victim of a life-threatening attack should:

obtain medical treatment immediately;
preserve medical records and receipts;
report to police or authorities;
give a clear statement;
identify witnesses;
preserve clothing, weapons, photos, and videos;
avoid informal settlement without understanding legal effects;
cooperate with the prosecutor;
document lost income and expenses;
seek protection if threats continue.

The strength of a frustrated murder case often depends on early evidence preservation.

104. Practical Guidance for Accused Persons

A person accused of frustrated murder should:

consult counsel immediately;
avoid making uncounseled statements;
preserve evidence;
identify witnesses;
secure CCTV or location records if relevant;
obtain medical or forensic evidence if self-defense is claimed;
examine the information for alleged qualifying circumstances;
review medical findings on fatality of wounds;
consider bail remedies;
avoid contacting or threatening the victim.

Frustrated murder is a serious charge and should not be treated casually.

105. Common Prosecution Evidence

The prosecution may present:

victim testimony;
eyewitness testimony;
medico-legal report;
doctor’s testimony;
photographs of injuries;
weapon recovered;
ballistic report;
CCTV footage;
police investigation report;
barangay blotter;
autopsy-like medical conclusions on fatality, if relevant;
prior threats;
motive evidence;
evidence of treachery or premeditation;
hospital records;
forensic evidence.

106. Common Defense Evidence

The defense may present:

alibi witnesses;
CCTV footage;
location data;
medical evidence showing non-fatal wounds;
evidence of self-defense;
proof of victim’s unlawful aggression;
proof of lack of intent to kill;
character or motive evidence, where admissible;
inconsistencies in prosecution testimony;
expert medical testimony;
evidence of mistaken identity;
proof of voluntary surrender or mitigating circumstances.

107. Role of Motive

Motive is not always essential if the accused is positively identified and intent is proven.

However, motive may become important where identity is uncertain or the case is based on circumstantial evidence.

Motive may also help show intent to kill, premeditation, or planning.

108. Circumstantial Evidence

Frustrated murder may be proven by circumstantial evidence if the circumstances form an unbroken chain leading to the conclusion of guilt beyond reasonable doubt.

Examples of circumstantial evidence:

accused threatened victim earlier;
accused was seen waiting with weapon;
victim was attacked from behind;
accused fled with bloodied weapon;
weapon matched injuries;
accused made incriminating statements;
victim identified accused before treatment;
CCTV placed accused at scene.

No single circumstance may be enough, but together they may prove guilt.

109. Dying Declaration Does Not Usually Apply

A dying declaration usually applies when the declarant dies and made a statement under consciousness of impending death. Since the victim in frustrated murder survives, dying declaration is usually not relevant.

However, the victim may testify directly. Prior statements may be used under other evidence rules depending on circumstances.

110. Victim’s Testimony

The testimony of the surviving victim can be powerful evidence.

If credible and consistent with medical findings, it may support conviction.

The defense may challenge the victim’s testimony based on:

bias;
inconsistency;
inability to identify attacker;
intoxication;
poor lighting;
motive to falsely accuse;
contradiction with medical evidence.

The court assesses credibility.

111. CCTV and Digital Evidence

CCTV footage, phone videos, dashcam recordings, and social media posts may be important.

Legal issues include:

authenticity;
chain of custody;
completeness;
editing;
identity of persons shown;
timestamps;
admissibility;
quality of video;
corroboration.

Digital evidence can strengthen or weaken a frustrated murder case.

112. Weapon Recovery

Recovery of the weapon may help but is not always indispensable.

If witnesses credibly identify the accused and medical evidence supports the attack, conviction may still be possible even if the weapon is not recovered.

However, weapon evidence can help prove intent, means, and connection to the accused.

113. Ballistics and Forensics

In firearm cases, ballistics may help determine:

whether the bullet came from a recovered firearm;
trajectory;
distance;
number of shots;
firearm type;
consistency with witness testimony.

For bladed weapons, forensic evidence may include bloodstains, DNA, wound pattern, and weapon compatibility.

114. Frustrated Murder and Medical Treatment Refusal

If the victim refuses treatment but survives, the case may still be frustrated murder if the offender performed all acts necessary to kill and death did not occur.

If the victim dies after refusing treatment, causation issues may arise, but the offender may still be liable if the wound was the proximate cause of death.

For frustrated murder, the survival of the victim remains central.

115. If the Victim Survives With Permanent Disability

If the victim survives but suffers permanent disability, the offense may still be frustrated murder if intent to kill and qualifying circumstances are proven.

The disability may affect civil damages and may also be relevant to the severity of injuries.

It does not convert the case into physical injuries if the elements of frustrated murder are present.

116. Frustrated Murder and Hospital Expenses

Hospital expenses are part of civil liability. The victim should preserve:

official receipts;
statements of account;
prescriptions;
doctor’s certificates;
therapy bills;
assistive device costs;
proof of lost income.

Courts generally require proof for actual damages.

117. Penalty Summary

The penalty framework for frustrated murder may be summarized as follows:

Item	Rule
Consummated murder penalty	Reclusion perpetua to death
Frustrated felony rule	One degree lower
Frustrated murder penalty	Reclusion temporal
Duration of reclusion temporal	12 years and 1 day to 20 years
If no ordinary mitigating/aggravating	Medium period
Minimum term under Indeterminate Sentence Law	Usually from prision mayor
Maximum term under Indeterminate Sentence Law	From proper period of reclusion temporal
If qualifying circumstance not proven	May become frustrated homicide
If intent to kill not proven	May become physical injuries

118. Practical Penalty Examples

Example 1: No Modifying Circumstance

Accused shoots victim with treachery. Victim survives because of surgery. No ordinary mitigating or aggravating circumstance.

Penalty: reclusion temporal medium as maximum range. Indeterminate sentence minimum: from prision mayor.

Possible sentence:

8 years and 1 day of prision mayor as minimum, to 14 years, 8 months and 1 day of reclusion temporal as maximum.

Example 2: Voluntary Surrender

Same facts, but accused voluntarily surrendered and there is no aggravating circumstance.

Penalty: reclusion temporal minimum as maximum range. Minimum: from prision mayor.

Possible sentence:

6 years and 1 day of prision mayor as minimum, to 12 years and 1 day of reclusion temporal as maximum.

Example 3: Additional Aggravating Circumstance

Same facts, but dwelling is alleged and proven, and no mitigating circumstance exists.

Penalty: reclusion temporal maximum as maximum range. Minimum: from prision mayor.

Possible sentence:

10 years and 1 day of prision mayor as minimum, to 17 years, 4 months and 1 day of reclusion temporal as maximum.

These are illustrative only. Courts determine the exact sentence based on the full record.

119. Common Misconceptions

Misconception 1: “If the victim survived, it cannot be murder.”

Wrong. If the offender intended to kill, performed all acts necessary to kill, and a qualifying circumstance exists, the crime may be frustrated murder.

Misconception 2: “Any stabbing is frustrated murder.”

Wrong. Intent to kill and fatal nature of the attack must be proven. Otherwise, the offense may be physical injuries.

Misconception 3: “Treachery always exists when the victim loses.”

Wrong. Treachery requires a sudden or deliberate method of attack that gave the victim no chance to defend and was consciously adopted.

Misconception 4: “Settlement dismisses frustrated murder.”

Wrong. Criminal liability for serious offenses belongs to the State. Settlement may affect civil liability but does not automatically dismiss the case.

Misconception 5: “The penalty is automatically 20 years.”

Wrong. The penalty range depends on the proper period, modifying circumstances, and the Indeterminate Sentence Law.

Misconception 6: “The doctor must always say the wound was fatal.”

Medical testimony is very important, but courts consider the totality of evidence. Still, weak medical evidence can undermine frustrated murder.

Misconception 7: “If the accused was drunk, he is excused.”

Wrong. Intoxication may mitigate, aggravate, or have no effect depending on the circumstances.

120. Bottom Line

The penalty for frustrated murder in the Philippines is generally reclusion temporal, because frustrated murder is punished one degree lower than consummated murder, which is penalized by reclusion perpetua to death.

Reclusion temporal ranges from 12 years and 1 day to 20 years. In actual sentencing, the court usually applies the Indeterminate Sentence Law, imposing a minimum term generally taken from prision mayor and a maximum term taken from the proper period of reclusion temporal.

The exact sentence depends on:

whether intent to kill is proven;
whether all acts of execution were performed;
whether the victim survived due to causes independent of the offender’s will;
whether a qualifying circumstance such as treachery is alleged and proven;
whether ordinary mitigating or aggravating circumstances exist;
whether privileged mitigating circumstances apply;
whether the accused is a minor;
whether the Indeterminate Sentence Law applies;
whether the charge should be reduced to frustrated homicide, attempted murder, or physical injuries.

In practical terms, the prosecution must prove much more than the fact that the victim was wounded. It must prove a murderous attack that failed to produce death only because of circumstances outside the offender’s control. Where intent to kill or a qualifying circumstance is not proven, the charge or conviction may be reduced.