Imposable Penalty for Attempted Homicide

The imposable penalty for attempted homicide is prision correccional, which is two degrees lower than
reclusion temporal, the penalty for homicide. The maximum of the indeterminate penalty shall be taken
from the imposable penalty of prision correccional, taking into account the modifying circumstances, if
any. There being no mitigating or aggravating circumstances, the maximum penalty should be imposed
in its medium period (Art. 64, Revised Penal Code). To determine the minimum of the indeterminate
penalty, the penalty of prision correccional has to be reduced by one degree, which is arresto mayor.
The minimum of the indeterminate penalty shall be taken from the full range of arresto mayor in any of
its periods. Hence, petitioner was correctly sentenced to suffer an indeterminate penalty from four (4)
months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as
maximum.

[Cabildo v. People, G.R. No. 189971 August 23, 2010]

Article 265. Less serious physical injuries – Any person who shall inflict upon another physical injuries x
x x which shall incapacitate the offended party for labor for ten days or more, or shall require medical
assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty
of arresto mayor.

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be
punished:

1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the
offended party for labor from one to nine days, or shall require medical attendance during the same
period.

[Arresto Menor- 1 day to 30 days]

Probation Law: Sec 9. Disqualified: previously convicted by final judgment of an offense punishable by
imprisonment of not less than 6 months and 1 day

SEC. 9, REPUBLIC ACT No. 10707. Disqualified Offenders. — The benefits of this Decree
shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and
 “e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.”

SECTION 6. Penalties.- The crime of violence against women and their children, under Section
5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of
the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.

Frustrated homicide

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. [De Guzman vs. People,
G.R. No. 178512, November 26, 2014]

Elements of Frustrated homicide

The elements of frustrated homicide are: (1) the accused intended to kill his victim, as
manifested by his use of a deadly weapon in his assault; (2) the victim sustained fatal or mortal
wound but did not die because of timely medical assistance; and (3) none of the qualifying
circumstances for murder under Article 248 of the Revised Penal Code, as amended, is present.

xxx The essential element in frustrated or attempted homicide is the intent of the offender to kill
the victim immediately before or simultaneously with the infliction of injuries. Intent to kill is a
specific intent that the State must allege in the information, and then prove by either direct or
circumstantial evidence, as differentiated from a general criminal intent, which is presumed from
the commission of a felony by dolo.
[De Guzman vs. People, G.R. No. 178512, November 26, 2014]

Intent to Kill

Intent to kill, being a state of mind, is discerned by the courts only through external
manifestations, i.e., the acts and conduct of the accused at the time of the assault and
immediately thereafter. In Rivera v. People, we considered the following factors to determine the
presence of intent to kill, namely: (1) the means used by the malefactors; (2) the nature, location,
and number of wounds sustained by the victim; (3) the conduct of the malefactors before, during,
or immediately after the killing of the victim; and (4) the circumstances under which the crime
was committed and the motives of the accused. We have also considered as determinative factors
the motive of the offender and the words he uttered at the time of inflicting the injuries on the
victim. [De Guzman vs. People, G.R. No. 178512, November 26, 2014]

Sample Case

We concur with them. Contrary to the petitioner’s submission, the wounds sustained by
Alexander were not mere scuffmarks inflicted in the heat of anger or as the result ofa fistfight
between them. The petitioner wielded and used a knife in his assault on Alexander. The medical
records indicate, indeed, that Alexander sustained two stab wounds, specifically, one on his
upper left chest and the other on the left side of his face. The petitioner’s attack was unprovoked
with the knife used therein causing such wounds, thereby belying his submission, and firmly
proving the presence of intent to kill. There is also to beno doubt about the wound on
Alexander’s chest being sufficient to result into his death were it not for the timely medical
intervention.

Penalty for Frustrated Homicide

The affirmance of the conviction notwithstanding, we find the indeterminate penalty of "Six (6)
Months and One (1) day of PRISION CORR[R]ECCIONAL as MINIMUM to Six (6) Years and
One (1) day of PRISION MAYOR as MAXIMUM" fixed by the RTC erroneous despite the CA
concurring with the trial court thereon. Under Section 1 of the Indeterminate Sentence Law, an
indeterminate sentence is imposed on the offender consisting of a maximum term and a
minimum term. The maximum term is the penaltyproperly imposed under the Revised Penal
Code after considering any attending modifying circumstances; while the minimum term is
within the range of the penalty next lower than that prescribed by the Revised Penal Code for the
offense committed. Conformably with Article 50 of the Revised Penal Code, frustrated
homicide is punished by prision mayor, which is next lower to reclusion temporal, the
penalty for homicide under Article 249 of the Revised Penal Code. There being no
aggravating or mitigating circumstances present, however, prision mayor in its medium
period – from eight years and one day to 10 years – is proper.

PENALTIES
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

SECTION 6. Penalties.- The crime of violence against women and their children, under Section
5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or
murder or homicide shall be punished in accordance with the provisions of the Revised Penal
Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal
Code; those constituting serious physical injuries shall have the penalty of prison mayor;
those constituting less serious physical injuries shall be punished by prision correccional;
and those constituting slight physical injuries shall be punished by arresto mayor.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under this Act.