G.R. No. 74433, September 14,
1987
Facts
This case is about a
complex crime of murder with double frustrated murder. On July 15, 1984 at
around 6:00 PM, accused Francisco Abarca arrived at his residence and found his
wife, Jenny, and Khingsley Koh in the act of sexual intercourse. When both wife
and Koh noticed the accused, the wife pushed her paramour who got his revolver
and the accused who was then peeping above the built-in cabinet in the room
jumped and ran away. The accused went to look for a firearm at Tacloban City, was
able to get hold of an M-16 rifle and went back to his house but was unable to
find his wife and Koh there. He proceeded to the hangout of Kingsley Koh and
found him playing mah-jong and fired at him three times with his rifle. Koh
instantaneously died. Arnold and Lina Amparado who were occupying the adjacent
room were also hit by the shots fired by the accused. Arnold and Lina Amparado
were rushed to the hospital and were provided proper medical assistance that
prevented their deaths.
Legal Issue
Whether or not Article
247 of the Revised Penal Code defining death inflicted under exceptional
circumstances may be applied in this case dissolving the criminal liability of
the accused for the murder of the deceased
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