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Frustrated Homicide
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What is the penalty for frustrated homicide in the Philippines? I’m a Filipino-American and I’m curious about the laws in the Philippines due to a family member recently getting arrested there and possibly getting charged with that crime.
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Question: What is the penalty for frustrated homicide in the Philippines? I’m a Filipino-American and I’m curious about the laws in the Philippines due to a family member recently getting arrested there and possibly getting charged with that crime. Before I answer your question let me be clear that I am not a lawyer, a judge or a person associated with law enforcement; however I was born and raised in the Philippines and have a good idea of how the law works here. I would advise that you seek the services of a practicing Filipino criminal lawyer. It is important to understand that Philippine Law is largely fashioned after Spanish Laws (and was first established using the same Civil Codes enacted in Spain) even though we have a long and continuing history with the Anglo-American Judiciary System. The Philippines today has a legal system that is a blend of Malay customary laws of the Spanish Civil Law System and the Anglo-American common law system, with the partial application of the Muslim legal system to the Filipino Muslims of southern Philippines. Excerpt from Philippine Hybrid Legal System by Cesar Lapuz Villanueva So let’s start with defining “Frustrated Homicide” according to Philippine Law. If we look at G.R. No. 178512 [1]it says that: Frustrated homicide requires intent to kill on the part of the offender. Without proof of such intent, the felony may only be serious physical injuries. Intent to kill may be established through the overt and external acts and conduct of the offender before, during and after the assault, or by the nature, location and number of the wounds inflicted on the victim. What would likely happen during your family member’s trial is that the prosecutors will have to establish that he/she (“the defendant”) had criminal intent. Do not confuse the criminal intent associated with murder versus the criminal intent associated with homicides. Murder is a form of criminal homicide established by any form of premeditation by the accused; whereas homicide is broader and its “intent” is visible or established with how the defendant/the accused acted immediately before or simultaneously with the infliction of injuries. [2] Since you can’t and did not include details of how the incident unfolded what we can do is pull up previous cases with “Frustrated Homicide” as their charges and what are the penalties associated with them. Example 1 – G.R. No. 178512 Alfredo De Guzman, Jr. vs People of the Philippines. Alfredo De Guzman, Jr was found guilty beyond reasonable doubt of frustrated homicide even though the victim, Alexander, did not die. He was sentenced: to a minimum of 4 year of Prision Correccional to 8 years and 1 day of Prision Mayor as maximum.He has to pay the victimCivil liability of Php 14,170.35 as compensatory damagesPhp 30,000.00 for moral damagesPhp 30,000.00 for civil indemnity+ 6% interest per annum until full payment of the accused to the victim.costs of suitON THE OTHER HAND IF HE HAD NOT BEEN FOUND GUILTY… he would have been charged with serious physical injury at the very least. Here is the list of penalties for Grave Physical Injury under Philippine Law. Example 2 – G.R. No. 188562 People of the Philippines vs Rodel Lanuza y Bagaoisan Rodel Bagaoisan was found guilty beyond reasonable doubt of the crime of frustrated homicide. The Regional Trial Court (RTC), taking in consideration the mitigating circumstance of voluntary surrender and applying the indeterminate sentence law, sentenced the accused: imprisonment of 4 years of prision correccional, as minimum, to 7 years of prision mayor, as maximum.the accused shall compensate complainant foractual damages in the amount of Php 70,000.00Php 25,000.00 for moral damagesHAD RODEL NOT VOLUNTARILY SURRENDERED HIMSELF…he would have been given the sentence of prision mayor which has a duration of 6 years and 1 day (minimum) to 8 years (maximum) along with the moral and actual damages. Please note that the examples above have victims that lived but could have lost their lives because of the wounds inflicted on them. If the victim in your family member’s case didn’t survive then everything will come down to the details of how everything unfolded and if it could be established that the accused had any intent of killing or harming the victim. The worst case scenario is that the courts charges him/her with murder that has a sentence of reclusion perpetua as the highest possible charge. The best case scenario is that your relative is charge with serious physical injury, which depending on the severity of the resulting injury will have varying penalties, with the highest penalty of reclusion temporal to reclusion perpetua (if any mutilation was involved) to the lowest penalty of arresto menor and a fine. Hope this helps you understand Philippine Law even for just a bit. Footnotes[1] https://www.lawphil.net/judjuris/juri2014/nov2014/gr_178512_2014.html%5B2%5D https://www.lawphil.net/judjuris/juri2014/nov2014/gr_178512_2014.html
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Art. 250. Penalty for frustrated parricide, murder or homicide. — The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50. The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes. Art. 50. Penalty to be imposed upon principals of a frustrated — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may determine.