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Question 2

2023 Bar · Criminal Law · 1 sub-question

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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