August 29, 2015

Mr. Gray Nada

32 Boom St.
Anonas, Quezon City

Dear Mr. Nada:

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 4. Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act

done be different from that which he intended.

2. By any person performing an act which would be an offense against

persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or
ineffectual means.
 The case that may be filed against you, however, is of malicious mischief
which is defined under Article 327 of the 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.

Malicious mischief is the willful damaging of anothers property for the

sake of causing damage due to hate, revenge, or other evil motives.

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:

The penalty of reclusion perpetua (lifetime imprisonment) shall be

imposed upon any person who shall willfully and unlawfully manufacture,
assemble, deal in, acquire, dispose, import or possess any explosive or
incendiary device, with knowledge of its existence and its explosive or
incendiary character, where the explosive or incendiary device is capable
 of producing destructive effect on contiguous objects or causing injury or
death to any person, including but not limited to, hand grenade(s), rifle
grenade(s), 'pillbox bomb', 'molotov cocktail bomb', 'fire bomb', and other
similar explosive and incendiary devices.

Provided, That mere possession of any explosive or incendiary device

shall be prima facie evidence that the person had knowledge of the
existence and the explosive or incendiary character of the device.

Provided, however, That a temporary, incidental, casual, harmless, or

transient possession or control of any explosive or incendiary device,
without the knowledge of its existence or its explosive or incendiary
character, shall not be a violation of this Section.

Provided, Further, That the temporary, incidental, casual, harmless, or

transient possession or control of any explosive or incendiary device for
the sole purpose of surrendering it to the proper authorities shall not be a
violation of this Section.

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:

ART 11. Justifying circumstances. - The following do not incur any

criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the
following circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or

repel it.
 Third. Lack of sufficient provocation on the part of the person
defending himself.

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.

3. Anyone who acts in defense of the person or rights of a stranger,

provided that the first and second requisites mentioned in the first
circumstance of this Article are present and that the person defending
be not induced by revenge, resentment, or other evil motive.

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;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of

preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful

exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for

some lawful purpose.

ART 12. Circumstances which exempt from criminal liability. - the

following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a

lucid interval.

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.

When such minor is adjudged to be criminally irresponsible, the court, in

conformably with the provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who shall be charged
with his surveillance and education otherwise, he shall be committed to
the care of some institution or person mentioned in said Art. 80.

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.

5. Any person who act under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an

equal or greater injury.

7. Any person who fails to perform an act required by law, when

prevented by some lawful insuperable cause.

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
Legal Aid