Understanding the crime of homicide
DearPAO, MyhusbandandAlfredwere crewmembersofacargovessel. Unfortunately,theyhadaheated wheretheywereworking.Asa result,myhusbanddrewaknife andthreatenedtokillAlfred. Alfred,believingthathewasin greatdanger,threwhimselfinto thewater.Sadly,Alfreddied.Now, myhusbandisinjailandcharged withhomicide.Ispokewithmy husband,andhesaidthatheonly threatenedAlfredwithaknifeto intimidatehim.Therewasnever anintentiononhisparttokillhis workmate.Isthechargeagainst myhusbandcorrect,considering thathenevertouchedAlfredand hadnointentiontokillhim?
Aurora
Dear Aurora,
Yes, the charge against your husband is correct. Under Article 4 of the Revised Penal Code, it is stated that:
“Article 4. Criminalliability. - Criminal liability shall be incurred:
“1. By any person committing a felony
(delito) although the wrongful act done be different from that which he intended.
“2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.”
In this case, the act done by your husband of threatening Alfred with a knife is the proximate cause of the latter’s death. Alfred did not jump into the sea if it were not for his fear of your husband brandishing a knife on him. It is the direct, natural and logical consequence of the felonious act. Proximate cause does not require that the offender needs to actually touch the body of the offended party. It is enough that your husband, in drawing the knife, generated in the mind of Alfred the belief that made him risk himself, jumping into the sea. Thus, your husband is liable for homicide.
We hope that we were able to answer your query. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’snote:DearPAOisadaily columnofthePublicAttorney’s Office.Questionsfor ChiefAcosta maybesenttodearpao@manilatimes.