Showing posts with label Reyes vs Regalado on Article 247. Show all posts
Showing posts with label Reyes vs Regalado on Article 247. Show all posts

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?