This case has been cited 1 times or more.
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2004-09-29 |
PANGANIBAN, J. |
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| x x x x x x x x x '4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intent of causing it.'" Exemption from criminal liability proceeds from a finding that the harm to the victim was not due to the fault or negligence of the accused, but to circumstances that could not have been foreseen or controlled.[17] Thus, in determining whether an "accident" attended the incident, courts must take into account the dual standards of lack of intent to kill and absence of fault or negligence. This determination inevitably brings to the fore the main question in the present case: was petitioner in control of the .45 caliber pistol at the very moment the shots were fired? | |||||