threatened or chased by the accused with a knife jumped into the water and

Threatened or chased by the accused with a knife

This preview shows page 14 - 15 out of 49 pages.

threatened or chased by the accused with a knife, jumped into the water and because of the strong current or because he did not know how to swim he sank down and died of drowning. (U.S. vs. Valdez,; People vs. Buhay) b. The victim removed the drainage from the wound which resulted in the development of peritonitis which in turn caused his death, it appearing that the wound caused by the accused produced extreme pain and restlessness which made the victim remove it. ( People vs. Quianson) c. Other causes cooperated in producing the fatal result, as long as the wound inflicted is dangerous, that is, calculated to destroy or endanger life. This is true even though the immediate cause of the death was erroneous or unskillful medical or surgical treatment. This rule surely seems to have its foundation in a wise and practical policy (People vs Moldes)_________ If a man creates in another person's mind an immediate sense of danger, which causes such person to try to escape, and, in so doing, the latter injures himself, the man who creates such a state of mind is responsible for the resulting injuries." (People vs. Page, People vs. Toling, US vs Valdez)_______ d. The victim was suffering from internal malady. 1. Blow was efficient cause of death. The deceased had a delicate constitution and was suffering from tuberculosis. The accused gave first blows on the deceased's right hypochondrium, bruising the liver and producing internal hemorrhage, resulting in the death of the victim. The accused was liable for homicide. ( People vs. Illustre) 2. Blow accelerated death. The deceased was suffering from internal malady. The accused gave fist blows in the back and abdomen, producing inflammation of the spleen and peritonitis, and causing death. The accused was liable for homicide, because by his fist blows he produced the cause for the acceleration of the death of the deceased. (People vs. Rodriquez) 3. Blow was proximate cause of death. The deceased was suffering from heart disease. The accused stabbed the deceased with a knife, but as the blade of the knife hit a bone, it did not penetrate the thoracic cavity, but it produced shock, resulting in the death of the victim. The accused was liable for homicide, because the stabbing was the proximate cause of the death of the deceased. (People vs. Reyes)______ The felony committed is not the proximate cause of the resulting injury when: 1. there is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or 2. the resulting injury is due to the intentional act of the victim. e. The offended party refused to submit to surgical operation. The offended party is not obliged to submit to a surgical operation to relieve the accused from the natural and ordinary results of his crime. ( U.S. vs. Marasigan) f. The resulting injury was aggravated by infection.
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  • Spring '17
  • john doe

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