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People v.

In 1984, Francisco Abarca caught his wife having sexual intercourse with one hingsle! Paul oh
insi"e their resi"ence. #he two also caught Abarca loo$ing at the% an" so oh grabbe" his pistol an"
thereafter Abarca fle". &ne hour later, Abarca, ar%e" with an ar%alite, went to the ga%bling place
where oh usuall! sta!s an" then an" there shot oh %ultiple ti%es. oh "ie" instantaneousl!.
'owever, two %ore persons were shot in the a"(acent roo%. #hese two other persons survive" "ue to
ti%el! %e"ical intervention.After trial, Abarca was convicte" of the co%plex cri%e of murder with
frustrated double murder.
ISSUE: )hether or not the (u"g%ent of conviction is correct.
HELD: *o.
Article +4, prescribes the following ele%ents: -1. that a legall! %arrie" person surprises his spouse in
the act of co%%itting sexual intercourse with another person/ an" -+. that he $ills an! of the% or both
of the% in the act or i%%e"iatel! thereafter. #hese ele%ents are present in this case.
0ven though one hour ha" alrea"! lapse" fro% the ti%e Abarca caught his wife with oh an" the ti%e
he $ille" oh, the $illing was still the "irect b!1pro"uct of Abarca2s rage. #herefore, Abarca is not
liable for the "eath of oh. 'owever, Abarca is still liable for the in(uries he cause" to the two other
persons he shot in the a"(acent roo% but his liabilit! shall not be for frustrate" %ur"er. In the first
place, Abarca has no intent to $ill the other two persons in(ure". 'e was not also co%%itting a cri%e
when he was firing his gun at oh 3 it being un"er Art. +4,. Abarca was however negligent because
he "i" not exercise all precaution to %a$e sure no one else will be hurt. As such, he shall be liable
for less serious physical injuries through simple negligence for the in(uries suffere" b! the two other
persons who were in the a"(acent roo% when the inci"ent happene".