Macho married Ganda, a transgender. Macho was not then aware that Ganda was a transgender. On their first night, after their marriage, Macho discovered that Ganda was a transgender. Macho confronted Ganda and a heated argument ensued. In the course of the heated argument, a fight took place wherein Ganda got hold of a knife to stab Macho. Macho ran away from the stabbing thrusts and got his gun which he pointed at Ganda just to frighten and stop Ganda from continuing with the attack. Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho accidentally pulled the trigger and hit Ganda that caused the latter’s death. What was the crime committed? (4%)
Suggested answer only. Not an official answer and not legal advice.
Macho committed the crime of Homicide.
Under Article 249 of the RPC, Homicide is committed when a person kills another without any qualifying circumstances like parricide. Under Article 4(1) of the RPC, criminal liability is incurred by a person committing a felony although the wrongful act done be different from that intended, as intent to kill is conclusively presumed when death results.
Here, Parricide does not apply because marriage between a man and a transgender born male is void, making Ganda not a lawful spouse. Although Macho aimed the gun merely to frighten Ganda, accidentally pulling the trigger resulting in death makes him criminally liable for Homicide under Article 4(1).
Consequently, Macho is criminally liable for the crime of Homicide.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Why is Macho guilty of Homicide rather than Parricide for causing the death of Ganda?
Parricide requires a valid marriage, whereas marriage between two biological males is void ab initio in the Philippines.
Why does Article 4, paragraph 1 of the RPC apply to Macho despite his lack of intent to kill?
Under Article 4(1) RPC, a person committing an unlawful act incurs liability for the resulting felony even if unintended.
Why can Macho NOT successfully invoke the exempting circumstance of accident under Article 12(4) RPC?
Article 12(4) RPC requires performing a lawful act with due care, whereas aiming a gun is an unlawful threat.
Under Article 246 of the Revised Penal Code, what is an indispensable element of Parricide involving a spouse?
Parricide involving a spouse requires a valid marriage recognized under Philippine civil law.
What crime is committed when a person aims a firearm at another to frighten them without lawful authority?
Aiming a gun at another without legal justification is an unlawful act constituting a felony under the RPC.
Learn more about these topics
1. Crime of Homicide
Under Article 249 of the Revised Penal Code, homicide is committed by any person who kills another without any of the qualifying circumstances of parricide, murder, or infanticide. For parricide to exist under Article 246 of the Revised Penal Code, there must be a valid legal marriage between the offender and the victim. Under Philippine Family Law, a marriage contracted between two persons of the same biological sex, such as a male and a transgender person born male, is void ab initio. Consequently, the killing of a transgender spouse constitutes homicide rather than parricide.
2. Article 4 RPC
Under Article 4, paragraph 1 of the Revised Penal Code, criminal liability is incurred by any person committing a felony although the wrongful act done be different from that which he intended. This principle of aberratio ictus or error in personae applies when an offender performs an unlawful act, such as pointing a firearm at another to intimidate or threaten them. Even if the trigger is pulled accidentally without express intent to kill, intent to kill is legally presumed from the fatal result arising from the unlawful felony.
3. Exempting Circumstance Accident
Under Article 12, paragraph 4 of the Revised Penal Code, an accident exempts a person from criminal liability only if he was performing a lawful act with due care when the injury occurred without fault or intention of causing it. Pointing a loaded gun at another person is an unlawful act constituting grave or light threats under the Revised Penal Code. Because the act of pointing the firearm was unlawful, the offender cannot successfully invoke the exempting circumstance of accident to escape criminal liability for the resulting death.