INSUPERABLE OR LAWFUL CAUSE

People vs. Bandian

US vs. Vicentillo

Facts of the Case:

Facts of the Case:

The accused was convicted of

infanticide and abandonment of minor for
the death of her child.

The defendant, Isidro Vincentillo, a

policeman, was found guilty in the lower court
of the crime of illegal and arbitrary detention
of the complaining witness for a period of three
days.
Three days were expended in the
detention, but it was proven that at the time of
the arrest neither the local justice of the peace
nor his auxiliary were in the municipality, and
to reach the justice of peace of either of the
two adjoining municipalities, it was necessary
to take a long journey by boat.
Issue:
Whether or not there was lawful cause
on the part of the accused.
Decision:
The accused was acquitted.
There is nothing in this record upon
which to base a finding that the accused
caused the arrest and the subsequent
detention of the prisoner otherwise than in the
due performance of his official duties; and
there can be no doubt of his lawfully authority
in the premises.

The accused got to a thicket to

respond to the call of nature. Afterwards, she
emerged with her clothes stained with blood,
staggering and visibly showing signs of not
being able to support herself. The doctor
declared that the accused gave birth in her
own house and brought her child into the
thicket to kill it.
Issue:
Whether or not accused guilty of
infanticide.
Decision:
The accused was acquitted.
Infanticide and abandonment of a
minor, to be punishable, must be committed
willfully or consciously, or at least it must be
the result of a voluntary, conscious and free
act or omission. The evidence does not show
that the appellant, in causing her childs death
did so willfully, consciously or imprudently. She
was not aware of her childbirth, or if she was,
it did not occur to her or she was unable, due
to her debility or dizziness, which cause may
be considered lawful or insuperable to
constitute the 7th exempting circumstance, to
take her child from the thicket where she had
given it birth, so as not to leave it abandoned
and exposed to the danger of losing its life.