|

Lack of intention to commit so grave a wrong, A13(3) Revised Penal Code

1. Concept

Lack of intention to commit so grave  a wrong – refers to the mitigating circumstance under the Revised Penal Code wherein the accused had no intention to commit so grave a wrong as that committed.

a. Legal basis

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

3. That the offender had no intention to commit so grave a wrong as that committed.

(Revised Penal Code)

2. Lack of intention to commit so grave a wrong

For the mitigating circumstance of lack of intention to commit so grave a wrong, the accused did not intend for the resulting offense/crime from what he/she had originally intended to do.

People v. Amoto, En Banc, G.R. No. L-28273, January 18, 1982, Per Fernandez, J.:

• The contention of the accused that he had no intention to commit so grave a wrong is equally without merit. In a similar case, this Court held that “the inflicting by the accused of five (5) stab wounds in rapid succession ... brings forth in bold relief the intention of the accused to snuff the life of the deceased, and definitely negated any pretense of lack of intention to commit so serious an injury.” Intention, being an intern...

 



Already a subscriber? Log in below. Not yet a member? Subscribe.

 

Similar Posts