Sample Form
Republic of the Philippines
[NAME OF COURT]
[Judicial Region]
Branch [Branch Number]
[City/Municipality], [Province]
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus- Criminal Case No. [Case Number]
For: Frustrated Homicide
[NAME OF ACCUSED],
Accused.
x------------------------------------------------x
INFORMATION
The undersigned [City/Provincial Prosecutor or Assistant Prosecutor] accuses [Name of Accused] of the crime of FRUSTRATED HOMICIDE, defined and penalized under Article 249 in relation to Article 6 of the Revised Penal Code, committed as follows:
That on or about [Date of Commission], in [Barangay], [City/Municipality], [Province], Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill and without any justifying circumstance, did then and there willfully, unlawfully, and feloniously attack, assault, and stab [Name of Offended Party] with a [description of weapon], thereby inflicting upon said offended party [description of wounds or injuries]; that the accused performed all the acts of execution which would have produced the crime of homicide as a consequence, but the crime was not produced by reason of causes independent of the will of the accused, namely, the timely and able medical attendance given to [Name of Offended Party], which prevented death.
CONTRARY TO LAW.
[City/Municipality], Philippines, [Date].
[NAME OF PROSECUTOR]
[Position]
[Office of the City/Provincial Prosecutor]
[Office Address]
CERTIFICATION
I certify that a preliminary investigation/inquest has been conducted in
accordance with law; that there is reasonable ground to believe that the
offense charged has been committed and that the accused is probably guilty
thereof; and that this Information is filed with the approval of the
[City/Provincial Prosecutor].
[NAME OF PROSECUTOR]
[Position]
Approved:
[NAME OF CITY/PROVINCIAL PROSECUTOR]
[City/Provincial Prosecutor]
Function of the Information in Frustrated Felonies
An Information for a frustrated crime must charge the felony at the frustrated stage through factual averments, because the designation of the offense does not control over the acts and circumstances alleged in the accusatory portion.
Under Article 6 of the Revised Penal Code, a felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence, but the felony is not produced by reason of causes independent of the offender's will.
The Information must therefore show three ideas: the criminal intent required by the felony, the completion of all acts of execution on the offender's part, and the failure of the intended felony to materialize because of an external cause.
Frustration belongs to intentional felonies. A crime committed by negligence is not ordinarily charged as attempted or frustrated, because the stages of execution presuppose a will directed toward a felony and an external cause preventing its production.
The pleading must remain anchored on the specific felony charged. The phrase frustrated crime is incomplete by itself, because the Information must identify the principal offense, the punishable stage, and the material facts that make the stage legally possible.
Basic Charging Requirements
The Rules on Criminal Procedure require the Information to state the name of the accused, the designation of the offense, the acts or omissions complained of as constituting the offense, the name of the offended party, the approximate date of commission, and the place where the offense was committed.
For a frustrated felony, the decisive part is the statement of acts or omissions, because the accused is entitled to know not only the intended offense but also why the prosecution treats the acts as already complete on the offender's side.
The charging language should use ordinary and concise terms, but it must be specific enough to inform the accused of the nature and cause of the accusation and to allow the court to determine whether the alleged facts constitute a frustrated offense.
A bare conclusion that the accused committed frustrated murder, frustrated homicide, or frustrated estafa is not a substitute for facts showing intent, execution, non-production of the felony, and an independent cause of non-production.
Elements That Must Appear From the Allegations
| Allegation | Purpose in the Information |
|---|---|
| Specific felony intended | Identifies the principal offense whose frustrated stage is being charged and fixes the elements that must be alleged and proved. |
| Criminal intent | Shows that the acts were directed toward the felony, such as intent to kill in frustrated homicide or murder. |
| All acts of execution | Separates frustration from attempt by showing that nothing remained to be done by the offender to produce the felony. |
| Non-production of the felony | Explains why the crime did not reach consummation, such as survival of the victim or prevention of actual damage. |
| Cause independent of the accused's will | Negates voluntary desistance and shows that the failure of consummation was due to intervention, medical treatment, resistance, fortuity, or another external cause. |
| Qualifying and aggravating circumstances | Allows such circumstances to affect the nature of the offense or penalty, because circumstances not alleged in the Information cannot ordinarily be appreciated against the accused. |
All Acts of Execution
The central allegation in a frustrated felony is that the offender had already performed all acts necessary to bring about the felony, leaving only the expected consequence to occur.
The Information should not merely recite the legal formula. It should allege the concrete acts that make the formula true, such as the infliction of wounds on vital parts, the delivery of a poisoned substance in a lethal quantity, or the completion of deceit and delivery acts that would have caused the intended property damage.
If the facts alleged show that the offender was stopped before completing the acts of execution, the charge described is attempted, even if the caption uses the word frustrated.
If the facts alleged show that the felony was actually produced, the charge described is consummated; however, the accused cannot be convicted of a graver consummated offense when the Information charges only the frustrated stage and does not allege the consummating fact necessary for the higher offense.
Cause Independent of the Offender's Will
The Information must attribute non-consummation to a cause external to the accused, because voluntary desistance prevents criminal liability for the intended felony at the attempted or frustrated stage, without prejudice to liability for acts already committed that constitute another offense.
Independent causes include timely medical assistance, intervention by third persons, resistance by the offended party, malfunction or fortuitous failure after all acts of execution, or another circumstance that prevents the felony from being produced despite the completed acts of the offender.
The allegation need not narrate every evidentiary detail, but it must make clear that the intended felony failed for reasons beyond the offender's control and not because the offender abandoned the criminal design before its completion.
Frustrated Homicide and Frustrated Murder
In frustrated homicide or frustrated murder, the Information must allege intent to kill. Without intent to kill, the facts may support physical injuries, discharge of firearm, alarm and scandal, or another offense, but not frustrated homicide or murder.
Intent to kill may be alleged directly and supported by facts such as the weapon used, the manner of attack, the part of the body hit, the severity and number of wounds, statements of the accused, or acts before, during, and after the assault.
The pleading should show that the acts would have caused death in the ordinary course if not for timely medical treatment, intervention, or another independent cause. A superficial wound, a missed shot, or an incomplete attack normally points away from frustration.
For frustrated murder, the Information must allege the circumstance that qualifies the killing as murder, such as treachery, evident premeditation, abuse of superior strength, or another qualifying circumstance, and the allegation must contain facts that notify the accused of the qualifying circumstance relied upon.
The word treachery may identify the legal circumstance, but the Information is stronger when it also alleges the mode of attack that made the victim unable to defend himself and that the means of execution was consciously adopted.
If the qualifying circumstance is not alleged, proof of that circumstance at trial cannot convert frustrated homicide into frustrated murder, although the same facts may sometimes be considered for other lawful purposes if properly pleaded and proved.
Distinguishing Frustrated From Attempted in the Information
The attempted stage exists when the offender commences the commission of a felony directly by overt acts but does not perform all acts of execution because of a cause or accident other than spontaneous desistance.
The frustrated stage begins only after the offender has completed all acts of execution. The practical dividing line is whether anything essential to the felony still had to be done by the accused when the interruption occurred.
| Point of Comparison | Attempted | Frustrated |
|---|---|---|
| Acts done by accused | Only some acts of execution have been performed. | All acts of execution have been performed. |
| Reason felony is not produced | The accused is prevented from completing execution, or execution is interrupted. | The consequence fails to occur despite completed execution. |
| Typical allegation in violent crimes | The accused attacked, shot, or stabbed but did not inflict a mortal or necessarily fatal injury. | The accused inflicted injuries sufficient to cause death, but the victim survived because of medical treatment or another independent cause. |
| Effect of voluntary desistance | Bars liability for the intended felony if desistance occurs before completion of execution. | Generally unavailable once all acts of execution have been completed, because the offender has already passed the point of execution. |
Crimes That Do Not Readily Admit a Frustrated Stage
Not every offense can be charged at the frustrated stage. The nature of the felony determines whether there can be a gap between completion of the offender's acts and production of the felony.
Formal crimes are consummated by the performance of the prohibited act, so they ordinarily do not pass through a frustrated stage. Once the act defined by law is done, the offense is complete even if the offender's further objective is not achieved.
Theft is consummated upon unlawful taking with intent to gain, because the law does not require permanent possession, escape, disposal, or actual gain. If there is no unlawful taking, the proper analysis is generally attempt or another offense, not frustrated theft.
Rape is consummated upon the required sexual act or penetration defined by law. If the act falls short of consummation because execution was not completed, the charge may be attempted rape or acts of lasciviousness depending on the facts, but the frustrated stage ordinarily has no place.
Offenses punished by special laws should not be labeled frustrated unless the special law itself recognizes stages or the suppletory application of the Revised Penal Code clearly makes the stage material and consistent with the statutory offense.
Qualifying Circumstances, Generic Aggravation, and Special Allegations
The Information must allege qualifying circumstances because they change the nature of the offense, as in frustrated murder rather than frustrated homicide.
Generic aggravating circumstances must also be alleged if the prosecution intends to have them appreciated for penalty purposes, because the accused must be informed of circumstances that may increase punishment.
When the qualifying circumstance is fact-intensive, the Information should plead the circumstance with enough factual content to identify the theory. A purely generic label may be vulnerable if it fails to inform the accused of what conduct made the circumstance present.
Use of an unlicensed firearm, relationship, minority, dwelling, nighttime, abuse of confidence, or other special circumstance should be alleged only when it is legally relevant to the offense, the qualification, the penalty, or civil liability.
Variance, Included Offenses, and Judgment
An accused charged with a frustrated felony may be convicted of the attempted stage if the evidence proves only commencement of execution and interruption before all acts were performed, because the attempted stage is necessarily included in the frustrated stage of the same felony.
An accused charged with frustrated homicide may be convicted of physical injuries if the evidence fails to establish intent to kill but proves unlawful injury, provided the facts alleged in the Information sufficiently include the lesser offense.
Conviction for a graver offense is not allowed when the Information does not allege the facts essential to that graver offense. Thus, a charge for frustrated homicide or murder cannot support conviction for consummated homicide or murder unless the Information is properly amended to allege death and the accused's rights are preserved.
If the offended party later dies from the injuries before judgment, the prosecution should address the charging document through the procedural rules on amendment or by filing the proper charge when legally available, because death is an essential fact of consummated homicide or murder.
Amendment of an Information Charging a Frustrated Crime
Before plea, an Information may generally be amended in form or substance without leave of court, subject to the accused's right to be informed of the accusation and to the limits against oppressive or improper changes.
After plea, a substantial amendment that changes the nature of the offense, increases the penalty, alters the theory of the prosecution, or prejudices substantial rights is not allowed over the objection of the accused.
Changing attempted homicide to frustrated homicide, or frustrated homicide to consummated homicide, is ordinarily substantial because the amendment changes the stage of execution, the facts needed for conviction, and the degree of liability.
Corrections in the date, spelling of names, clerical matters, or other details may be formal when they do not affect the identity of the offense charged or prejudice the accused's preparation of the defense.
Drafting Precision in Practical Exercises
The designation should state both the principal offense and the stage, such as frustrated homicide or frustrated murder, while the body should allege the acts constituting the felony in ordinary language.
The date may be alleged as approximate when exact time is not a material ingredient, but the Information should still show that the offense was committed before filing and within the court's territorial jurisdiction.
The place of commission must establish venue and jurisdiction. For offenses involving injuries, the place of the criminal act is normally material, while subsequent treatment or survival elsewhere does not by itself transfer venue.
The offended party should be named when known. If unknown, the Information should use a fictitious name with a description sufficient to identify the person injured and should be corrected when the true name becomes available.
The accusatory portion should avoid unnecessary evidentiary detail, but it should include every ultimate fact that makes the charge a frustrated felony: intent, completed execution, non-consummation, independent cause, and any circumstance that qualifies or aggravates the offense.
The most reliable test of the Information is whether, assuming the alleged facts are true, the court can identify the exact felony, the stage of execution, the offended party, the territorial basis of jurisdiction, and the circumstances that affect the legal classification and penalty.