This case has been cited 1 times or more.
|
2015-06-22 |
PERLAS-BERNABE, J. |
||||
| The elements of Death Caused in a Tumultuous Affray are as follows: (a) that there be several persons; (b) that they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; (c) that these several persons quarrelled and assaulted one another in a confused and tumultuous manner; (d) that someone was killed in the course of the affray; (e) that it cannot be ascertained who actually killed the deceased; and (f) that the person or persons who inflicted serious physical injuries or who used violence can be identified.[22] Based on case law, a tumultuous affray takes place when a quarrel occurs between several persons and they engage in a confused and tumultuous affray, in the course of which some person is killed or wounded and the author thereof cannot be ascertained.[23] | |||||