Wednesday, November 30, 2011

People of the Philippines vs. Susan Latosa y Chico, G.R. No. 186128, June 23, 2010.

Parricide; exempting circumstance; accident. Since appellant argues that the exempting circumstance of accident should be appreciated by the Court in her favor, it is therefore incumbent upon her to prove with clear and convincing evidence that the following essential requisites of the exempting circumstance are present: [i] she was performing a lawful act; [2] with due care; [3] she caused the injury to her husband by mere accident; and [4] without fault or intention of causing it. The Court however, found it incredulous that the pointing of the gun towards her husband’s head and pulling the trigger be considered as performing a lawful act with due care. People of the Philippines vs. Susan Latosa y Chico, G.R. No. 186128, June 23, 2010.

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