Reyes, in his textbook The Revised Penal Code, Book Two, says he is not liable for the injury of third persons:
But Regalado, in Criminal Law Conspectus, thinks otherwise:
So who is right? Here's the SC ruling:
Sunday, March 3, 2013
Reyes vs Regalado, GR No. 74433
What is the liability, applying Article 247 of the Revised Penal Code, of a person who shot and killed the paramour of his wife but also injured third persons as in the case of People vs. Abarca, GR 74433, Sept. 14, 1987?
Reyes, in his textbook The Revised Penal Code, Book Two, says he is not liable for the injury of third persons:
But Regalado, in Criminal Law Conspectus, thinks otherwise:
So who is right? Here's the SC ruling:
Did Reyes misread the ruling or was he expressing a dissenting opinion which he usually does in many parts of his book?
Reyes, in his textbook The Revised Penal Code, Book Two, says he is not liable for the injury of third persons:
But Regalado, in Criminal Law Conspectus, thinks otherwise:
So who is right? Here's the SC ruling:
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Very informative post sir! I think Reyes did express his dissenting opinion on that one. Although going against the flow of Supreme Court decisions is never a bad thing (if based on qualified opinions of course) Reyes should have given a note that he is giving a "dissenting opinion" in the said topic, so as not to confuse the readers.
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