This case has been cited 1 times or more.
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2015-06-22 |
PERLAS-BERNABE, J. |
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| Jurisprudence instructs that such provision should only apply where the crime committed is different from that intended and where the felony committed befalls a different person (error in personae); and not to cases where more serious consequences not intended by the offender result from his felonious act (praeter intentionem),[29] as in this case. It is well-settled that if the victim dies because of a deliberate act of the malefactors, intent to kill is conclusively presumed.[30] In such case, even if there is no intent to kill, the crime is Homicide because with respect to crimes of personal violence, the penal law looks particularly to the material results following the unlawful act and holds the aggressor responsible for all the consequences thereof.[31] | |||||