LEGAL TECHNIQUES AND LOGIC

Ethical vis-à-vis Moral

Group 1

Aquillo, Mhysel Anne

Bongat, Carleen
Dela Cruz, Patricia
Espino, Joseph Lorenzo
Jose, Florence Marie
Riodeque, Lawrence
Valencia, John Henry

JD4101
 I. Statement of Facts

Alex, a 35-year-old man, is an epileptic who is under medication but still suffers
seizures from time to time. One day, he was alone at home at around 1 a.m. when he
was suddenly awakened when he heard Rina, a neighbor, screaming for help. When
Alex finally opened his door, he was shocked when he saw blood in Rina’s hands and
dress. Hysterically, she said that her husband, Tony, was stabbed while having a
drinking session with some friends. She begged Alex to drive them to the nearest
hospital. Without any hesitation, Alex took his brother’s car keys and ran with Rina to
where Rina’s husband was. Tony’s body was sprawled on the ground and blood was
oozing profusely from his throat and stomach. They were screaming for help, but
unfortunately, nobody responded. So, Alex, with all his strength, carried Tony to the car,
and, sped away. But, while he was driving, Alex suddenly had a seizure and the car
moved uncontrollably that it hit three (3) people who were hailing a cab. The 3 victims
suffered from severe head injury and broken ribs that after almost 5 hours of struggle at
the I.C.U., eventually died.

II. Position and Discussion

Our position is that Alex should not be held criminally and civilly liable. Alex’s
intention is to help his neighbor who is in need and the accident is a result of
unforeseen turn of event. He should not be held criminally nor civilly liable for an act that
he indirectly willed.

III. Moral evaluation

“Morality speaks of a system of behavior in regards to standards of right or wrong

behavior. Morality describes the principles that govern our behavior.” 1 As human it is in
our nature to help those who are in need .Natural law also provides that “the moral
standards that govern human behavior are, in some sense, objectively derived from the
1
Morality, available at https://www.allaboutphilosophy.org/morality.htm (last accessed April 5, 2019)
nature of human beings and the nature of the world”. 2 In the case of Alex, the morality
of his actions are rooted from the urgent need to help his neighbor to receive medical
attention due to his injury. He cannot be deemed to intentionally want to endanger
anyone’s life as he exercised due care while helping another. The occurrence of his
epileptic seizure, being unpredictable and suspending control of his actions, in the
course of driving was beyond his control and he was deprived of reason, will, and could
not have acted with the least discernment. Criminal liability requires the element of
discernment while civil liability requires negligence to be present in the commission of
the act, since both elements are absent in this case, Alex should not be held criminally
nor civilly liable for the incident.

IV. Jurisprudence and law

Article 12, par. 4 of the Revised Penal Code provides that any person who, while
performing a lawful act with due care, causes an injury by mere accident without fault or
intention of causing it is exempt from criminal liability. 3 From the facts mentioned, it is
clear that all these elements were present. In People vs. Dela Cruz y Lorenzo accident
is an “occurrence that happens outside the sway of our will, and although it comes
about through some act of our will, lies beyond the bounds of humanly foreseeable
consequences.”4 Therefore, accident connotes the absence of criminal intent. In Ortega
vs. People, “one who acts by virtue of any of the exempting circumstances, although he
commits a crime, by the complete absence of any of the conditions which constitute free
will or voluntariness of the act, no criminal liability arises. While there is a crime
committed, no criminal liability attaches.” 5

World Health Organization (WHO) defines epilepsy as a “chronic non-

communicable disease of the brain… It is characterized by recurrent seizures, which
are brief episodes of involuntary movement that may involve a part of the body (partial)

2
Natural Law, available at https://www.iep.utm.edu/natlaw/ (last accessed at April 5, 2019)
3
An Act Revising the Penal Code and Other Penal Laws, Revised Penal Code, Act No. 3815, Article 12, par. 4, 1930
4
People of the Philippines vs. Dela Cruz y Lorenzo, 612 SCRA 364, G.R. No. 187683, February 11, 2010
5
Ortega vs. People of the Philippines, 562 SCRA 450, G.R. No. 151085, August 20, 2008
or the entire body (generalized) and are sometimes accompanied by loss of
consciousness and control of bowel or bladder function.” 6 Department of Health (DOH)
describes epilepsy as a “brain disorder characterized by repeated seizures (“fits”) which
may take many forms, ranging from the shortest lapse of attention to severe and
frequent convulsions.”7 When a seizure occurs, it may result in the involuntary and
uncontrolled movements of an individual while his consciousness or awareness wanes.

When Alex had an epileptic seizure while driving, he was not performing an
unlawful act then. It just so happened that his epileptic seizure unexpectedly occurred
while driving Toni, Rina’s husband, to the hospital. He exercised due care that is
required from him. There is no indication of his failure to pay proper attention and
diligence in foreseeing the injury or damage impending to be caused. There was also
lack of fault or intention, on the part of Alex, in causing the car to hit the three victims
who suffered from severe head injury and broken ribs who later died. While in a state of
epileptic seizure, an individual temporarily loses his control over his movements, his
consciousness or awareness wanes. He may commit acts that are indirectly willed
which may seem unlawful. In this state, there is now a complete absence of free will or
voluntariness over his acts. With this, intention to commit a felony or even inflict injury is
questionable. As to Alex’s liability, every person criminally liable for a felony is also
civilly liable.8In quasi-delicts under Article 2176 of the Civil Code, whoever by act or
omission causes damage to another, there being fault or negligence, is obliged to pay
for the damage done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties.9However, under Article 12, paragraph 4, RPC, the offender
is exempt not only from criminal but also from civil liability. 10 This is for the reason that it
presupposes that the individual exercised due care while performing a lawful act. It
contemplates the complete absence of criminal intent or negligence on the part of the
accused. 

6
World Health Organization, Epilepsy, available at https://www.who.int/news-room/fact-sheets/detail/epilepsy (last accessed April 5, 2019)
7
Department of Health Philippines, Epilepsy, available at https://www.doh.gov.ph/Health-Advisory/Epilepsy (last accessed April 5, 2019)
8
An Act Revising the Penal Code and Other Penal Laws, Revised Penal Code, Act No. 3815, Article 100, 1930
9
An Act to Ordain and Institute the Civil Code of the Philippines, Civil Code of the Philippines, R.A. No. 386, Article 2176, 1949
10
An Act Revising the Penal Code and Other Penal Laws, Revised Penal Code, Act No. 3815, Article 12, par. 4, 1930