Criminal liability

Dear PAO, My husband and Jeric were crew members of a cargo vessel. Unfortunately, they had a heated argument on board the ship where they were working. As a result, my husband drew a knife and threatened to kill Jeric. Jeric, believing that he was in great danger, threw himself into the water. Sadly, Jeric passed away because of drowning. Now, my husband is in jail and is charged with homicide. I talked to my husband, and he said that he only threatened Jeric with a knife to intimidate him. There was never an intention on his part to kill his workmate. Is the charge against my husband correct, absent intent to kill and considering that he never touched Jeric?

Risel

Dear Risel,

Yes, the charge against your husband is correct. Article 4 of the Revised Penal Code (RPC) provides that:

“Article 4. Criminal liability. Criminal liability shall be incurred:

“1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.

“2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.”

In this case, the act done by your husband of drawing the knife and creating fear in Jeric’s mind is the proximate cause of the resulting felony. It is the direct, natural, and logical consequence of the felonious act. Proximate cause does not require that the offender needs to actually touch the body of the offended party. It is enough that your husband, in drawing the knife, generated in Jeric’s mind the belief that made him risk himself, jumping into the sea. Although your husband may be liable for homicide, he may argue the presence of mitigating circumstance of no intention to commit so grave a wrong as provided for under Article 13 paragraph 3 of the RPC, and that his real intention was merely to threaten his workmate.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.