PEOPLE VS.

FALLORINA
424 SCRA 655
FACTS: Eleven-year old Vincent Jorojoro and Whilcon Rodriguez played with their kite
on top of the roof of an abandoned carinderia beside the road. Ricardo Salvo, who
was playing at the basketball court beside the carinderia, heard the familiar sound
of a motorcycle coming from the main road across them. Cognizant to Ricardo of
the appellant, PO3 Ferdinand Fallorina, a Philippine National Police (PNP) officer,
knew that he abhorred kids playing on the roof so Ricardo called both kids to get
down. Fallorina stopped his motorcycle when he saw the two kids, then shouted and
bathmouthed them. Whilcon rushed to jump off from the roof and as soon as
Vincent stood up and turned his back, ready to get down from the roof, Fallorina
suddenly pointed the .45 caliber pistol towards the direction of Vincent and fired a
shot. When Vincent fell from the roof, Fallorina quickly carried his hapless body in a
waiting tricycle and brought him to the Hospital. Vincent was pronounced dead on
arrival caused by a single gunshot wound in the head.
In the appellant's defense, he claimed that his gun fell from his right waistline when
he was passing through that area and it suddenly went off when it hit the ground,
even though the safety lock was on. That's when he saw Vincent sprawled to the
ground when he checked if there was anyone who got hit.
ISSUE: Whether or not the appellant is exempt from criminal liability?
HELD: No. The appellant failed to prove, with clear and convincing evidence, his
defense when compared to the positive and straightforward testimony of the
eyewitness Ricardo Salvo. Under Article 12, paragraph 4 of the RPC, the following
are exempt from criminal liability, "Any person who, while performing a lawful act
with due care, causes an injury by mere accident without fault or intention of
causing it". As the trial court correctly pointed out, Vincent was shot intentionally
while his back was turned against the appellant. Therefore, the RTC decided that the
accused is found guilty for the crime of Murder.