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53 SCRA 742 – 742 – Criminal Criminal Law – Law – Crimes Crimes Against Persons – Persons – Article Article 247 – 247 – Death Death Inflicted Under Exceptional Circumstances
Facts:
One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual intercourse with one Khingsley Paul Koh inside the Abarca residence. The two also caught Abarca looking at them and so Ko h grabbed his pistol and thereafter Abarca fled. One hour later, Abarca, armed with an armalite, went to the gambling place where Koh usually stays and then and there shot Koh multiple times. Koh died instantaneously. However, two more persons were shot in the adjacent adjace nt room. These two other persons survived due to t imely medical intervention.
Eventually after trial, Abarca was convicted of the complex crime of murder with frustr ated double murder.
ISSUE:
Whether or not the judgment of conviction is correct.
HELD:
No. Abarca is entitled to the provisions of Article 247 of the Revised Penal Code which provides:
Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
Article 247 prescribes the following elements: (1) that a legally married person surprises his spouse in the act of committing sexual intercourse with another person; and (2) that he kills any of them or both of them in the act or immediately thereafter. These elements are present in this case.
Even though one hour had already lapsed from the time Abarca caught his wife with Koh and the time he killed Koh, the killing was still the direct by-product by- product of Abarca’s rage. Therefore, Abarca is not liable for the death of Koh.
However, Abarca is still liable for the injuries he caused to the two other persons he shot in the adjacent room but his liability shall not be for frustrated murder. In the first place, Abarca has no intent to kill the other two persons injured. He was not also committing a crime when he was firing his gun at Koh – Koh – it it being under Art. 247. Abarca was however negligent because he did not e xercise all precaution to make sure no one else will be hurt. As such, he shall be liable for less serious physical injuries through simple negligence for the injuries suffered by the two other persons who were in the adjacent room when the incident happened.
