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27peoplev Pugay

Two friends poured gasoline on a disabled man and set him on fire, killing him. They were found guilty of murder by the trial court. The Supreme Court affirmed the conviction, finding that even if the defendants only intended to light the victim's clothes on fire as a prank, the act of burning someone's clothes could cause injury, making it a felony.

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Mario Moreno
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22 views1 page

27peoplev Pugay

Two friends poured gasoline on a disabled man and set him on fire, killing him. They were found guilty of murder by the trial court. The Supreme Court affirmed the conviction, finding that even if the defendants only intended to light the victim's clothes on fire as a prank, the act of burning someone's clothes could cause injury, making it a felony.

Uploaded by

Mario Moreno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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#27PEOPLE V.

PUGAY

G.R. No. L-74324 November 17, 1988


THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, 
vs.
FERNANDO PUGAY y BALCITA, & BENJAMIN SAMSON y MAGDALENA, accused-appellants.

MEDIALDEA, J.:

FACTS:

May 19, 1982 at the town plaza of the Municipality of Rosario, Province of Cavite, Philippines. The
deceased Miranda, a 25-year old retardate, and the accused Pugay were friends. Eduardo Gabion was
sitting in the ferris wheel and reading a comic book with his friend Henry. Later, the accused Pugay and
Samson with several companions arrived. They made fun of the deceased. The accused Pugay suddenly
took a can of gasoline from under the engine of the ferris wheel and poured its contents on the body of
the former. Gabion told Pugay not to do so while the latter was already in the process of... pouring the
gasoline. Then, the accused Samson set Miranda on fire making a human torch out of him.
trial court rendered a decision finding both accused guilty of the crime of murder.

ISSUE:
Whether or not accused Pugay and Samson were both guilty of an intentional felony?

RULING:
No.
There can be no doubt that the accused Samson knew very well that the liquid poured on the
body of the deceased was gasoline and a flammable substance for he would not have committed the
act of setting the latter on fire if it were otherwise. Giving him the benefit of doubt, it... can be
conceded that as part of their fun-making he merely intended to set the deceased's clothes on fire. His
act, however, does not relieve him of criminal responsibility. Burning the clothes of the victim would
cause at the very least some kind of physical injuries on his... person, a felony defined in the Revised
Penal Code. If his act resulted into a graver offense, as what took place in the instant case, he must be
held responsible therefor. Article 4 of the aforesaid code provides, inter alia, that criminal liability
shall be incurred by... any person committing a felony (delito) although the wrongful act done be
different from that which he intended.

ACCORDINGLY, the judgment is affirmed with the modifications above-indicated.

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