S.A 2020/21 B.E CRIMINAL LAW | Question #15

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 


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While attending an Enhanced Community Quarantine barangay checkpoint, a barangay tanod confronted a resident for non-essential travel. Infuriated by the barangay tanod's tone, the resident punched the tanod's head. The barangay tanod fell, sustained brain hemorrhage, and died as a result.

Charged with Homicide, the resident denies liability, arguing that there can be no conviction if there is no intent to cause the barangay tanod's death.

Is the resident's defense tenable? Explain briefly.

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SUGGESTED ANSWER:


No, the resident’s defense is not tenable since criminal liability shall be incurred although the wrongful act done be different from that which was intended.

Under the Revised Penal Code, criminal liability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended.

While the resident did not intend to commit a felony, he is liable pursuant to Art. 4(1) of the RPC since his act of punching the barangay’s tanod head was the proximate cause of the latter’s death. At most, the resident’s criminal liability may be subjected to the mitigating circumstance of praeter intentionem under Art. 13. 


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #15 


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