People v.

Abarca

ISSUE: Whether or not Article 247 of the Revised Penal Code defining death
inflicted under exceptional circumstances may be applied in this case dissolving
the criminal liability of the accused for the murder of the deceased

DOCTRINE: Article 247 qualifies death to be under exceptional circumstance

when the following elements are present: (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. As a
rule, one committing an offense is liable for all the consequences of his act.
However, that rule presupposes that the act done amounts to a felony. Ruling that
Article247 can be applied in this case, accused was therefore not committing a
felony when he killed the deceased. Having not committing a felony, it therefore
follows that the accused is not liable for the unintended acts which followed, in this
case, for the injuries suffered by the Amparados.