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    People of The Philippines vs. Hermogenes Flora and Edwin Flora G.R. No. 125909, June 23, 2000

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    Hermogenes Flora fired a gun at Ireneo but missed and hit Emerita Roma and Flor Espinas instead, killing Emerita and injuring Flor. Hermogenes is criminally liable for Emerita's death and Flor's injuries even though the victims were not the intended target. The court found the deaths of Emerita and Ireneo were due to treachery as Hermogenes used means to ensure his safety from defense or retaliation and deliberately chose to suddenly shoot the helpless victims. Therefore, Hermogenes Flora was found guilty of double murder for the deaths of Emerita and Ireneo and guilty of attempted murder of Flor Espinas.

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    People of The Philippines vs. Hermogenes Flora and Edwin Flora G.R. No. 125909, June 23, 2000

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    108 views1 page
    Hermogenes Flora fired a gun at Ireneo but missed and hit Emerita Roma and Flor Espinas instead, killing Emerita and injuring Flor. Hermogenes is criminally liable for Emerita's death and Flor's injuries even though the victims were not the intended target. The court found the deaths of Emerita and Ireneo were due to treachery as Hermogenes used means to ensure his safety from defense or retaliation and deliberately chose to suddenly shoot the helpless victims. Therefore, Hermogenes Flora was found guilty of double murder for the deaths of Emerita and Ireneo and guilty of attempted murder of Flor Espinas.

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    Ruling

    Original Title

    People vs Flora

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    Hermogenes Flora fired a gun at Ireneo but missed and hit Emerita Roma and Flor Espinas instead, killing Emerita and injuring Flor. Hermogenes is criminally liable for Emerita's death and Flor's injuries even though the victims were not the intended target. The court found the deaths of Emerita and Ireneo were due to treachery as Hermogenes used means to ensure his safety from defense or retaliation and deliberately chose to suddenly shoot the helpless victims. Therefore, Hermogenes Flora was found guilty of double murder for the deaths of Emerita and Ireneo and guilty of attempted murder of Flor Espinas.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    108 views1 page

    People of The Philippines vs. Hermogenes Flora and Edwin Flora G.R. No. 125909, June 23, 2000

    Uploaded by

    See
    Hermogenes Flora fired a gun at Ireneo but missed and hit Emerita Roma and Flor Espinas instead, killing Emerita and injuring Flor. Hermogenes is criminally liable for Emerita's death and Flor's injuries even though the victims were not the intended target. The court found the deaths of Emerita and Ireneo were due to treachery as Hermogenes used means to ensure his safety from defense or retaliation and deliberately chose to suddenly shoot the helpless victims. Therefore, Hermogenes Flora was found guilty of double murder for the deaths of Emerita and Ireneo and guilty of attempted murder of Flor Espinas.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    PEOPLE OF THE PHILIPPINES vs.

    HERMOGENES FLORA AND EDWIN FLORA


    G.R. No. 125909, June 23, 2000

    RULING

    . In the present case, when Hermogenes Flora first fired his gun at Ireneo, but missed, and
    hit Emerita Roma and Flor Espinas instead, he became liable for Emerita's death and Flor's
    injuries. Hermogenes cannot escape culpability on the basis of aberratio ictus principle. Criminal
    liability is incurred by any person committing a felony, although the wrongful act be different
    from that which he intended.

    We find that the death of Emerita and of Ireneo were attended by treachery. In order for
    treachery to exist, two conditions must concur namely: (1) the employment of means, methods or
    manner of execution which would ensure the offender's safety from any defense or retaliatory act
    on the part of the offended party; and (2) such means, method or manner of execution was
    deliberately or consciously chosen by the offender. When Hermogenes Flora suddenly shot
    Emerita and Ireneo, both were helpless to defend themselves. Their deaths were murders, not
    simply homicides since the acts were qualified by treachery. Thus, we are compelled to conclude
    that appellant Hermogenes Flora is guilty beyond reasonable doubt of double murder for the
    deaths of Emerita Roma and Ireneo Gallarte, and guilty of attempted murder of Flor Espinas.

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