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Before I provide my opinion, I will state these facts so that you may
understand the situation that you are in:
You have stated your anger towards Boy Abunda. Although you did not
state your reason for it, this was your motive for visiting his residence and
throwing a grenade at his room. You were not able to inflict any physical
harm on Boy Abunda due to him not being inside his house during that time.
Instead, your act had damaged his property.
It can be argued that your act can be assumed as intent to kill or injure
Boy Abunda but that needs to be proven first. However, that does not excuse
you from being liable. You are still criminally liable as defined Revised
Penal Code:
ART. 327. Who are liable for malicious mischief.Any person who
shall deliberately cause to the property of another any damage not falling
within the terms of the next preceding chapter shall be guilty of malicious
mischief.
Your possible intent to kill may not be easily proven since you did not
perform some preparations such as finding out whether or not Boy Abunda
was in his house, but your intent to cause damage can be implied due to the
fact that you had still thrown the grenade despite not knowing that fact.
Although your motive may not easily be determined, it can be assumed to be
malicious because you did not benefit from the destruction you have caused.
That is not the only liability that you may face. You are also in violation
of Section 3 of Presidential Decree No. 1866, as amended by Republic
Act 9516, regarding the penalty for unlawful manufacture, sales, acquisition,
disposition, importation, or possession of an explosive or incendiary device:
Provided, finally, That in addition to the instances provided in the two (2)
immediately preceding paragraphs, the court may determine the absence
of the intent to possess, otherwise referred to as animus possidendi", in
accordance with the facts and circumstances of each case and the
application of other pertinent laws, among other things, Articles 11 and 12
of the Revised Penal Code, as amended.
It raises the issue of whether or not you are authorized to have the
grenade in your possession, and if the contrary were to be proven then it also
creates an issue on how were you able to possess it. You may look into the
certain cases that are provided in Articles 11 and 12 of the Revised Penal
Code:
1. Anyone who acts in defense of his person or rights, provided that the
following circumstances concur;
2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part therein.
4. Any person who, in order to avoid an evil or injury, does not act which
causes damage to another, provided that the following requisites are
present;
Second. That the injury feared be greater than that done to avoid it;
When the imbecile or an insane person has committed an act which the
law defines as a felony (delito), the court shall order his confinement in
one of the hospitals or asylums established for persons thus afflicted,
which he shall not be permitted to leave without first obtaining the
permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted
with discernment, in which case, such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code.
4. Any person who, while performing a lawful act with due care, causes an
injury by mere accident without fault or intention of causing it.
If you have any further clarifications or wish to present further facts that
may benefit your case, then do contact me regarding that matter. If I had
misstated any fact, then inform me immediately so that I may provide an
updated and acceptable opinion with relation to those corrections.
Sincerely,
JPA
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