GR L 3728; (September, 1907) (Digest)
G.R. No. L‑3728
FACTS
– While Anastasio Maisa and José Machón were fighting, Isaac Monrayo intervened to separate them and gave Maisa a push, causing him to fall.
– Upon rising, Maisa struck Monrayo in the face, completely disabling Monrayo’s right eye.
– Maisa contended that the blow was intended for Machón, not for Monrayo.
ISSUE
Whether a person who commits a wrongful act that inadvertently injures a third partydifferent from the intended victimis exempt from criminal liability under Article 1, paragraph 3 of the Penal Code.
RULING
The Court held that the accidental injury of a third person does not excuse the offender from liability for the voluntary commission of a wrongful act. The judgment of the trial court was affirmed, sentencing Maisa to 2 years, 4 months and 1 day of prisión correccional, ordering him to pay ₱50 in indemnity to Monrayo (or suffer subsidiary imprisonment for non‑payment), and to bear the costs of both instances.
—
Concurrence: Torres, Johnson, Willard, and Tracey, JJ.
