Par 4 Any person who while performing a lawful act with due care causes an

Par 4 any person who while performing a lawful act

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Par. 4. — Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Basis of paragraph 4. The exempting circumstance in paragraph 4 of Art. 12 is based on lack of negligence and intent. Under this circumstance, a person does not commit either an intentional felony or a culpable felony. Accident and self-defense are two incompatible defenses. Accident presupposes lack of intention, while self-defense assumes voluntariness, but induced only by necessity. (People v. Lao-as) When an accused claims that the crime was the result of an accident, the burden of proving self- defense will not come into play. It is hardly a lawful act when accused struggled with the victim for the ax as the latter's act of taking hold of the ax was equivocal, and it cannot be deduced
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Intent is a mental state, the existence of which is shown by a person's overt acts. Appellant got his shotgun and returned to the kitchen to shoot his son who had intervened in the quarrel between appellant and CC. A shotgun would not have fired off without first being cocked. Appellant cocked the shotgun before discharging it, showing a clear intent to fire it. (People v. Agliday, G.R. No. 140794, October 16, 2001) The following requisites must concur: 1. (1) Accused was performing a lawful act with due care; 2. (2) The injury is caused by mere accident; and 3. (3) There was no fault or intent of causing the injury. (People v. Mat-an, December 1992) When the act is with fault, it will fall under culpa; when with intent it will become an intentional felony. The accident must not be foreseeable or there will be fault or criminal negligence. Elements: 1. A person is performing a lawful act; 2. With due care; 3. He causes an injury to another by mere accident; 4. Without fault or intention of causing it. ( People vs. Vitug) The person must be performing a lawful act. While defending himself against the unjustified assault upon his person made by his assailant, appellant Galacgac fired his revolver at random, wounding two innocent persons. Held: The discharge of a firearm in such a thickly populated place in the City of Manila being prohibited and penalized by Article 155 of the Revised Penal Code, appellant Galacgac was not performing a lawful act when he accidentally hit and wounded Marina Ramos and Alfonso Ramos. Hence, the exempting circumstance provided for in Article 12, paragraph 4, of the Revised Penal Code, cannot be properly invoked by appellant Galacgac. (People vs. Galacgac) Striking another with a gun in self-defense, even if it fired and seriously injured the assailant, is a lawful act. When the defendant drew his gun and with it struck the deceased after the latter had given him a fist blow on the shoulder, the defendant was performing a lawful act. The striking with the gun was a legitimate act of self-defense. But we might ask—was the striking done with due care as required by the second element for exemption? We believe so, since the striking could not have been
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  • Spring '17
  • john doe

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