Raynera v Hiceta REYES EXAMPLES OF ACCIDENT US vs Tanedo If life is taken by

Raynera v hiceta reyes examples of accident us vs

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(Raynera v. Hiceta) REYES EXAMPLES OF ACCIDENT U.S. vs. Tanedo - If life is taken by misfortune or accident while the actor is in the performance of a lawful act executed with due care and without intention of doing harm, there is no criminal liability. There is no question that the accused was engaged in the performance of a lawful act when the accident occurred. He was not negligent or at fault, because the deceased was not in the direction at which the accused fired his gun. It was not foreseeable that the slug would recoil after hitting the wild chicken. A chauffeur, while driving his automobile on the proper side of the road at a moderate speed and with due diligence, suddenly and unexpectedly saw a man in front of his vehicle coming from the side- walk and crossing the street without any warning that he would do so. Because it was not physically possible to avoid hitting him, the said chauffeur ran over the man with his car. It was held that he was not criminally liable, it being a mere accident. (U.S. vs. Tayongtong) Just as the truck then being driven by the accused was passing the slow-moving road roller, a boy about 10 or 12 years of age jumped from the step of the side board of the road roller directly in front of the truck, and was knocked down, ran over and instantly killed. The accused was acquitted of all criminal liability arising out of the un- fortunate accident which resulted in the death of the boy. (U.S. vs. Knight) ONLY FOUND IN REYES ACCIDENT VS NEGLIGENCE With input and discussed extensively by Atty. Degoma What is an accident? An accident is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences. Comment: If the consequences are plainly foreseeable, it will be a case of negligence. (Albert) Accident presupposes lack of intention to commit the wrong done. The exempting circumstance of Art. 12(4) of the Revised Penal Code refers to purely accidental cases where there was absolutely no intention to commit the wrong done. It contemplates a situation where a person is in the act of doing something legal, exercising due care, diligence and prudence but in the process, produces harm or injury to someone or something not in the least in the mind of the actor — an accidental result flowing out of a legal act. (People vs. Gatela) Case of negligence, not accident. As the two persons fighting paid him no attention, the defendant drew a .45 caliber pistol and shot twice in the air. The bout continued, however, so he fired another shot at the ground, but unfortunately the bullet ricocheted and hit Eugenio Francisco, an innocent bystander, who died thereafter. Held: The mishap should be classed as homicide through reckless imprudence. It is apparent the defendant wilfully discharged his gun, without taking the precautions demanded by the circumstances that the district was populated, and the likelihood that his bullet would glance over the hard pavement of the thoroughfare. (People vs. Nocum) Comment: The consequence here was clearly foreseeable.
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