Practice question
An actor performs an expressly unlawful act and unintentionally injures another in the course of it. He invokes Article 12(4) solely because he did not desire the injury. No other defense is established. Which is sound?
- Every unlawful act becomes lawful if a consequence was unintended.
- The lawful-act requirement cannot be ignored merely because the resulting injury was unintended.
- Intent is the only accident condition.
- The exemption has no lawful-act element.
- A disclaimer automatically proves due care.
Legal references
- Revised Penal Code, Article 12(4)-(7), accident, force, fear and lawful or insuperable prevention (not the obsolete original juvenile-age paragraphs): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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