Introduction

In the Philippine legal system, frustrated homicide represents a serious criminal offense that falls short of consummated homicide due to circumstances preventing the victim's death. Governed primarily by the Revised Penal Code (RPC) of 1930, as amended, this crime involves intent to kill but results in non-fatal injuries. The concepts of surrender and imprisonment are integral to the adjudication and enforcement of penalties for such crimes. Surrender can serve as a mitigating factor, potentially reducing the severity of imprisonment, while imprisonment itself is the prescribed form of deprivation of liberty. This article explores the legal framework, elements, penalties, procedural aspects, and implications of surrender and imprisonment in cases of frustrated homicide, drawing from statutory provisions, jurisprudence, and penal principles in the Philippine context.

Definition and Elements of Frustrated Homicide

Frustrated homicide is defined under Article 6 of the RPC, which classifies crimes into consummated, frustrated, and attempted stages. Specifically, homicide becomes frustrated when the offender performs all acts of execution that would produce death as a consequence, but death does not occur due to causes independent of the offender's will, such as timely medical intervention.

The elements of frustrated homicide, derived from Article 249 (homicide) in conjunction with Article 6, are as follows:

Intent to Kill: There must be a clear intent to cause death, inferred from the nature of the weapon used, the part of the body targeted, or the severity of the wounds inflicted.
Acts of Execution: The offender must have commenced the felony directly by overt acts and performed all necessary actions to produce homicide.
Non-Occurrence of Death: The victim survives due to external factors, not because the offender desists.
Unlawful Killing Without Qualifying Circumstances: Unlike murder (Article 248), homicide lacks treachery, premeditation, or other aggravating factors that elevate it.

Jurisprudence, such as in People v. Kalalo (G.R. No. 39303, 1934), emphasizes that for frustration, the wounds must be mortal or potentially fatal, distinguishing it from attempted homicide (where not all acts are performed) or physical injuries (under Articles 262-266, lacking intent to kill).

Penalty for Frustrated Homicide

The penalty for homicide under Article 249 is reclusion temporal, ranging from 12 years and 1 day to 20 years. For frustrated homicide, Article 50 of the RPC imposes a penalty one degree lower, which is prision mayor (6 years and 1 day to 12 years).

The computation of the penalty follows the Indeterminate Sentence Law (Act No. 4103, as amended by Republic Act No. 4203), which requires courts to impose an indeterminate sentence. For example:

Minimum term: Selected from the penalty one degree lower than the prescribed (prision correccional, 6 months and 1 day to 6 years).
Maximum term: Within prision mayor, adjusted for circumstances.

Thus, a typical sentence might be 4 years, 2 months, and 1 day (minimum) to 8 years and 8 months (maximum), depending on mitigating or aggravating factors.

Voluntary Surrender as a Mitigating Circumstance

Voluntary surrender is recognized under Article 13, paragraph 7 of the RPC as a generic mitigating circumstance. It applies when:

The offender has not been actually arrested.
The surrender is made to a person in authority or their agent (e.g., police, barangay officials, or judges).
The surrender is voluntary, spontaneous, and indicative of acknowledgment of guilt.

In frustrated homicide cases, voluntary surrender can lower the penalty by one degree if no aggravating circumstances exist, per Article 64. For instance, the base penalty of prision mayor could be reduced to prision correccional. This reduction acknowledges the offender's remorse and facilitates justice without the need for pursuit.

Key requirements from case law, such as People v. Abletes (G.R. No. L-33309, 1972):

Spontaneity: The surrender must not be prompted by fear of imminent arrest.
Confession Not Required: Mere surrender suffices; no need for a full admission of guilt.
Timing: Ideally before a warrant is served, but courts have allowed it post-incident if genuine.

However, surrender does not absolve liability; it merely tempers the punishment. If the offender escapes after surrender or during trial, this benefit may be revoked.

Procedure for Surrender in Frustrated Homicide Cases

The process begins with the incident report. A suspect may surrender at a police station, where:

Custodial Rights: Under Republic Act No. 7438 (Rights of Persons Arrested, Detained or Under Custodial Investigation), the surrenderee must be informed of Miranda rights in a language they understand, including the right to remain silent and to counsel.
Inquest or Preliminary Investigation: If surrender occurs before charges are filed, the prosecutor conducts an inquest (for warrantless arrests) or preliminary investigation. Evidence, including medical certificates of the victim's injuries, is reviewed.
Bail: Frustrated homicide is bailable (bail amount typically P36,000 to P120,000, per Department of Justice guidelines), unless evidence of guilt is strong. Surrender may favorably influence bail hearings by demonstrating non-flight risk.
Arraignment and Trial: The accused pleads, and the mitigating effect of surrender is argued during sentencing.

If surrender happens abroad, extradition under Republic Act No. 10883 (Philippine Extradition Law) may apply, but voluntary return could still qualify as surrender.

Imprisonment: Enforcement and Conditions

Imprisonment for frustrated homicide is served in national penitentiaries under the Bureau of Corrections (BuCor) for sentences over 3 years, or city/municipal jails for shorter terms under the Bureau of Jail Management and Penology (BJMP).

Duration and Computation: Time served includes preventive imprisonment (credited under Article 29, RPC). Good conduct time allowance (GCTA) under Republic Act No. 10592 allows reductions: 20 days per month for the first 2 years, increasing to 30 days after 10 years.
Parole: After serving the minimum term, parole may be granted by the Board of Pardons and Parole, subject to conditions like reporting and no reoffending.
Special Considerations:
- Juvenile Offenders: Under Republic Act No. 9344 (Juvenile Justice and Welfare Act), minors under 18 may receive suspended sentences or diversion programs instead of imprisonment.
- Elderly or Ill: Republic Act No. 10592 allows house arrest or hospital confinement for those over 70 or with severe illnesses.
- Women and Vulnerable Groups: Separate facilities and programs exist, per Republic Act No. 9710 (Magna Carta of Women).

Overcrowding in Philippine jails, often exceeding 400% capacity, leads to issues like poor sanitation and health risks, as noted in various Commission on Human Rights reports. Remedies include petitions for habeas corpus or bail reconsideration.

Aggravating and Other Circumstances Affecting Imprisonment

While surrender mitigates, aggravating circumstances (Article 14, RPC) like treachery or use of unlicensed firearms (Republic Act No. 10591) can increase the penalty to the maximum or elevate the crime to attempted murder. Complex crimes (Article 48) may apply if frustrated homicide is committed with another felony, imposing the penalty for the graver offense in its maximum period.

Probation under Presidential Decree No. 968 is available for sentences not exceeding 6 years, but not for crimes against persons like homicide unless the court deems it appropriate.

Pardon, Amnesty, and Post-Conviction Relief

Pardon: The President may grant absolute or conditional pardon under Article VII, Section 19 of the 1987 Constitution, potentially commuting imprisonment.
Amnesty: For political offenses, but rarely applicable to frustrated homicide.
Appeals: Convictions can be appealed to the Court of Appeals or Supreme Court, where surrender's mitigating effect may be re-evaluated.

Conclusion

Surrender and imprisonment in frustrated homicide cases embody the Philippine penal system's balance between retribution and rehabilitation. Voluntary surrender encourages accountability, potentially shortening imprisonment, while the penalty structure ensures proportionality. Offenders must navigate procedural safeguards to avail of mitigations, and systemic challenges like jail conditions underscore the need for reforms. Understanding these elements is crucial for legal practitioners, accused individuals, and victims seeking justice within the framework of Philippine law.