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III #121

Criminal Law Review (Circumstances which affect criminal liability)


EXEMPTING CIRCUMSTANCES: ACCIDENT
People of the Philippine Islands vs. Bindoy
G.R. No. L-34665 (August 28, 1931)
Villamor, J.
the unfortunate usisero.
Obiter dictum: (If ever i relate yung case sa Art. 4 (1))
If, in his (Bindoy) struggle with Pacas, the defendant had attempted to wound his opponent, and instead of doing so, had wounded Omamdam,
he would have had to answer for his act, since whoever willfully commits a felony or a misdemeanor incurs criminal liability, although the
wrongful act done be different from that which he intended. (Art. 1 of the Penal Code.) But, as we have said, this is not the case.

Final Ruling: Judgment is reversed.

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2017 BANGSAMORO DIGEST GUILD(AUF, JD – est. 2013)

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