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TOPIC: attempted murder

attempted murder 7 years 3 months ago #24

Hi Atty.,

Good day po!

paano mo makoconsider ang isang attempted murder?
anong basis po na pwede magsampa ng kasong attempted murder?

thank you!
Lisa Esconde
Last Edit: 7 years 3 months ago by Atty. Libayan. Reason: corrected typos
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attempted murder 7 years 3 months ago #25

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Dear Lisa,

The last paragraph of Article 6 of the Revised Penal Code defines an attempt to commit a felony, thus:

There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

The essential elements of an attempted felony are as follows:

1. The offender commences the commission of the felony directly by overt acts;

2. He does not perform all the acts of execution which should produce the felony;

3. The offender’s act be not stopped by his own spontaneous desistance;

4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.

The first requisite of an attempted felony consists of two elements, namely:

(1) That there be external acts;

(2) Such external acts have direct connection with the crime intended to be committed.

Therefore, ang attempted murder ay ang pagkakaroon ng tao ng intention na patayin ang isang tao at ginawa nya ito. Subalit, sa mga pangyayaring di naayon sa kanyang kagustuhan, di nya naisagawa ang lahat ng proseso sa pagpatay ng tao.

Ang importante sa attempted murder ay ang pagkakaroon ng intent to kill. Ang intent to kill ay makikita ayon sa kung gaano kalala ang mga injuries na natamo ng biktima.
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Last Edit: 7 years 3 months ago by Atty. Libayan.
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attempted murder 7 years 3 months ago #26

Thank you so much atty!

what if di naman sinaktan yong tao ngunit pinagsabihan lang sya na papatayin kita. makokonsider na po bang attempted murder?
kung magsasampa sya ng kasong attempted murder, anong mga ebidenses na pwdeng ipresent nya? eh wala naman po siyang injuries na natamo. or could he just inflict himself with injuries para magamit nya na ebidensya?
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attempted murder 7 years 3 months ago #27

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Wala po murder pag pinagsabihan lang na papatayin sya. Threat lang po ito.

Di po magtatagumpay ang kaso pag imbento lang ito.
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attempted murder 7 years 3 months ago #28

Thank you so much atty!
if threat po, pwd po bang magsampa ng death threat at anong mga evidences ang pwdeng magamit?
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attempted murder 7 years 3 months ago #29

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Masyadong broad ang tanong mo. Kung sa evidences, it varies. Grave threats yung kaso at hindi death threat.

I only give advices to situations to delimit everything and not dwell on the general.
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