2023 Criminal Law, Q2

When Joey came home from work, he saw a man and a woman making love in the main bedroom. Enraged at the thought that his wife, Abby, was unfaithful to him, he shot the man and woman to death. However, the couple turned out to be the driver and kasambahay. The families of the decedents filed a case of double Homicide against Joey. Joey invoked the defense of mistake of fact, arguing that he thought the persons he shot were his wife and her lover. Thus, he is entitled to the privilege or benefit of Article 247 of the Revised Penal Code, which entitles a legally married person, who having surprised his or her spouse in the act of sexual intercourse, kills or seriously injures the same, to the penalty of destierro for being an exceptional circumstance. Is Joey correct in invoking the defense of mistake of fact? Discuss.

Quick check

Why is Joey defense of mistake of fact untenable in shooting the driver and kasambahay?

Under the doctrine established in United States v. Ah Chong, when does mistake of fact negate criminal liability?

What penalty is imposed under Article 247 of the Revised Penal Code upon a spouse who kills a spouse caught in adultery?

Why does Article 247 of the Revised Penal Code fail to apply to Joey in this case?

What crime did Joey commit when he recklessly killed the driver and kasambahay believing them to be his wife and her lover?

Learn more about these topics

1. Mistake of Fact
Under Philippine criminal law, mistake of fact is an absolution cause that negates criminal intent (mens rea) when an accused commits an act under an honest and reasonable belief in a state of facts which, if true, would render the act lawful or justified. To successfully invoke mistake of fact under Ah Chong, the mistake must be committed without fault, carelessness, or negligence. If the error stems from gross negligence or recklessness, the defense fails, and the perpetrator remains criminally liable for the resulting felony.

2. Death Under Exception
Article 247 of the Revised Penal Code grants a legal privilege to a legally married person who surprises his or her spouse in the act of sexual intercourse with another person and kills or inflicts serious physical injuries upon either or both of them. This provision does not define a distinct felony but imposes the lesser penalty of destierro due to the intense emotional disturbance experienced by the offended spouse. However, Article 247 applies strictly to the actual spouse and the paramour.

3. Negligence and Liability
When an accused shoots two individuals in his bedroom assuming they are his unfaithful spouse and her paramour, but fails to exercise due diligence to verify their identities, the mistake arises directly from his own recklessness. Because negligence negates the defense of mistake of fact, the accused cannot claim the benefit of Article 247 of the Revised Penal Code. Consequently, the killing of the innocent victims constitutes double homicide for which the perpetrator incurs full criminal liability.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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