This case was dicussed in our class under topic of negligence of lack of foresight.

Im giving just bits of pieces of the case as we already know about the facts of the case previously tackled in detail.

Case: People Vs Pugay Facts: .Pugay and Samson were charged of murder of their friend Miranda ( a retardate). One evening during a town fiesta, Pugay and Samson along with other companions who were drunk made fun of Bayani Miranda. Pugay took a can of gasoline which he had mistaken as water and poured it to Miranda. Samson, not knowing too that the water was a real gasoline set Miranda on fire making a human torch out of him. Contention Issue: Whether or not Pugay and Samson can invoke the defense of the lack of intention to commit so grave a wrong as a mitigating circumstance. Ruling of the Court: Yes. The court was disposed to credit in his favor the ordinary mitigating circumstance of no intention to commit so grave a wrong. The eyewitness Gabion testified that the accused Pugay and Samson were stunned when they noticed the deceased burning . The Court modified the charge of murder to a lower charge. Pugay, having failed to exercise diligence necessary to avoid every undesirable consequence that may be committed by his companion from the making of fun of the deceased is convicted only of reckless imprudence resulting to homicide and Samson, granted that he never intended to commit so grave a wrong, is convicted only of homicide.