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Question 2
2. When Joey came home from work, he saw a man and a woman making love in
the main bedroom. Enraged at the thought that his wife, Abby, was unfaithful to
him, he shot the man and woman to death. However, the couple turned out to be
the driver and kasambahay. The families of the decedents filed a case of double
Homicide against Joey. Joey invoked the defense of mistake of fact, arguing that
he thought the persons he shot were his wife and her lover. Thus, he is entitled to
the privilege or benefit of Article 247 of the Revised Penal Code, which entitles
a legally married person, who having surprised his or her spouse in the act of
sexual intercourse, kills or seriously injures the same, to the penalty of destierro
for being an exceptional circumstance. Is Joey correct in invoking the defense
of mistake of fact? Discuss.
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