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    People Vs ADriano

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    Jhay Carbonel
    Rolly Adriano shot and killed Danilo Cabiedes with intent to kill, treachery, and abuse of superior strength. During the shooting, a stray bullet also hit and killed Ofelia Bulanan. Adriano was convicted of murder for both deaths. The Supreme Court upheld the convictions, finding that Adriano was responsible for the unintended death of Bulanan under the legal principle that one is responsible for all consequences of their intentional criminal acts, even if unforeseen. The Court also found that the aggravating circumstance of treachery could apply to the death caused by a stray bullet.

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    People Vs ADriano

    Uploaded by

    Jhay Carbonel
    42 views2 pages
    Rolly Adriano shot and killed Danilo Cabiedes with intent to kill, treachery, and abuse of superior strength. During the shooting, a stray bullet also hit and killed Ofelia Bulanan. Adriano was convicted of murder for both deaths. The Supreme Court upheld the convictions, finding that Adriano was responsible for the unintended death of Bulanan under the legal principle that one is responsible for all consequences of their intentional criminal acts, even if unforeseen. The Court also found that the aggravating circumstance of treachery could apply to the death caused by a stray bullet.

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    People vs ADriano

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    Rolly Adriano shot and killed Danilo Cabiedes with intent to kill, treachery, and abuse of superior strength. During the shooting, a stray bullet also hit and killed Ofelia Bulanan. Adriano was convicted of murder for both deaths. The Supreme Court upheld the convictions, finding that Adriano was responsible for the unintended death of Bulanan under the legal principle that one is responsible for all consequences of their intentional criminal acts, even if unforeseen. The Court also found that the aggravating circumstance of treachery could apply to the death caused by a stray bullet.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    42 views2 pages

    People Vs ADriano

    Uploaded by

    Jhay Carbonel
    Rolly Adriano shot and killed Danilo Cabiedes with intent to kill, treachery, and abuse of superior strength. During the shooting, a stray bullet also hit and killed Ofelia Bulanan. Adriano was convicted of murder for both deaths. The Supreme Court upheld the convictions, finding that Adriano was responsible for the unintended death of Bulanan under the legal principle that one is responsible for all consequences of their intentional criminal acts, even if unforeseen. The Court also found that the aggravating circumstance of treachery could apply to the death caused by a stray bullet.

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    PEOPLE OF THE PHILIPPINES vs. ROLLY ADRIANO (G.R. No.

    205228, July 15,


    2015)
    Doctrine: One who commits an intentional felony is responsible for all the consequences
    which may naturally or logically result therefrom, whether foreseen or intended or not.
    The rationale of the rule is found in the doctrine, ‘el que es causa de la causa es causa
    del mal causado’, or he who is the cause of the cause is the cause of the evil caused.

    FACTS: In March of 2007 in Nueva Ecija, Rolly Adriano, with his three others, overtook
    a policecar and Honda CRV. With intent to killd, treachery, and abuse of superior
    stregth, willfully shot Danilo Cabiedes, the driver of CRV, resulting from his instant
    death.
    The shooting incident caused a bystander, Ofelia Bulanan, to be hit by a stray bullet and
    eventually die.

    Two policemen was able to trace the car used in the incident and ended up arresting
    Adriano. RTC found accused ROLLY ADRIANO guilty beyond reasonable doubt of
    Murder, as charged, for the death of Danilo Cabiedes, and also guilty beyond
    reasonable doubt of Homicide, as charged, for the death of Ofelia Bulana.

    CA affrimed the decision of RTC.

    ISSUES: (1) whether or not Adriano is responsible for the death of Bulanan.


    (2) wether or not treachery can be appreciated in aberratio ictus?
     

    RULING: (1) YES. Evidently, Adriano’s original intent was to kill Cabiedes. However,
    during the commission of the crime of murder, a stray bullet hit and killed Bulanan.
    Adriano is responsible for the consequences of his act of shooting Cabiedes. This is the
    import of Article 4 of the Revised Penal Code.
    Criminal liability is incurred by any person committing a felony although the wrongful act
    be different from that which is intended. One who commits an intentional felony is
    responsible for all the consequences which may naturally or logically result therefrom,
    whether foreseen or intended or not. The rationale of the rule is found in the doctrine, ‘el
    que es causa de la causa es causa del mal causado‘, or he who is the cause of the
    cause is the cause of the evil caused.
    (2) YES. The accused was convicted of two separate counts of murder: for the killing of
    two victims, Emerita, the intended victim, and Ireneo, the victim killed by a stray bullet.
    The Court, due to the presence of the aggravating circumstance of treachery, qualified
    both killings to murder. The material facts in Flora are similar in the case at bar. Thus,
    we follow the Flora doctrine.

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