Examples: reckless imprudence resulting in homicide

In the case of People v. Belbes (G.R. No. 124670), the Supreme Court gave the following illustrations of reckless imprudence resulting in homicide:

[1] Exhibiting a loaded revolver to a friend, who was killed by the accidental discharge brought about by negligent handling; or

[2] Discharging a firearm from the window of one's house and killing a neighbor who just at the moment leaned over the balcony front; or

[3] Where the defendant, to stop a fist fight, fired his .45 caliber pistol twice in the air, and, as the bout continued, he fired another shot at the ground, but the bullet ricocheted and hit a bystander who died soon thereafter.

In the Belbes case, the accused intended to FIRE AT the victim, and in fact hit ONLY the victim. The offense is definitely NOT reckless imprudence resulting in homicide because the shooting was intentional

READ: Aquino, Revised Penal Code, Vol. III, p. 633; People v. Reodique, 32 Phil. 458 (1915); People v. Nocum, 77 Phil. 1018 (1947); Lampa v. People, 73 Phil. 82 (1941).

Popular Posts