ADJUS-121 Lecture Notes - Lecture 21: Arbitrary Arrest And Detention

• School: Diablo Valley College
• Department: Administration Of Justice
• Course: ADJUS-121
• Professor: moten

Document Summary

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Accident: basis: lack of negligence and intent. Discharge of a firearm in a thickly populated place in the city of manila being prohibited by art. 155 of the rpc is not a performance of a lawful act when such led to the accidental hitting and wounding of 2 persons. Accident happens outside the sway of our will, and although it comes about some act of our will, lies beyond the bounds of humanly foreseeable consequences. Such was established because the deceased was not in the direction at which the accused fired his gun. Irresistible force: basis: complete absence of freedom, an element of voluntariness. Force, to be irresistible, must produce such an effect on an individual that despite of his resistance, it reduces him to a mere instrument and, as such, incapable of committing a crime.