People v.
Sara
G.R. No.
L-34140 | August 15, 1931
FACTS:
On Aug. 12,
1930, Francisco Sara, armed with a shotgun, was out shooting birds when he
accidentally shot Gabriel Catapang which eventually led to his death. No enmities
existed between them and are in fact related to each other.
ISSUE:
Whether or
not Sara has incurred criminal liability for accidentally shooting Catapang even
though he had no motive in doing so
RULING:
While the killing could not have been committed intentionally, Art. 3 of the RPC provides that felonies are committed not only be means of deceit but also by means of fault. The law defines that there is fault when the wrongful acts results from impudence, negligence, lack of foresight, or lack of skill. The medical report and the testimony of the accused on trial lead to the conclusion that the discharge of the gun must therefore be an act of the accused. The accused therefore is guilty of homicide by reckless imprudence.
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