153 SCRA 742 Criminal Law Crimes Against Persons Article 247 Death Inflicted

Under Exceptional Circumstances

One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual
intercourse with one Khingsley Paul Koh inside the Abarca residence. The two also caught
Abarca looking at them and so Koh grabbed his pistol and thereafter Abarca fled. One hour
later, Abarca, armed with an armalite, went to the gambling place where Koh usually stays
and then and there shot Koh multiple times. Koh died instantaneously. However, two more
persons were shot in the adjacent room. These two other persons survived due to timely
medical intervention.
Eventually after trial, Abarca was convicted of the complex crime of murder with frustrated
double murder.
ISSUE: Whether or not the judgment of conviction is correct.
HELD: No. Abarca is entitled to the provisions of Article 247 of the Revised Penal Code
which provides:
Any legally married person who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.
Article 247 prescribes the following elements: (1) that a legally married person surprises his
spouse in the act of committing sexual intercourse with another person; and (2) that he kills
any of them or both of them in the act or immediately thereafter. These elements are
present in this case.
Even though one hour had already lapsed from the time Abarca caught his wife with Koh
and the time he killed Koh, the killing was still the direct by-product of Abarcas rage.
Therefore, Abarca is not liable for the death of Koh.
However, Abarca is still liable for the injuries he caused to the two other persons he shot in
the adjacent room but his liability shall not be for frustrated murder. In the first place, Abarca
has no intent to kill the other two persons injured. He was not also committing a crime when
he was firing his gun at Koh it being under Art. 247. Abarca was however negligent
because he did not exercise all precaution to make sure no one else will be hurt. As such,
he shall be liable for less serious physical injuries through simple negligence for the injuries

suffered by the two other persons who were in the adjacent room when the incident
happened.