Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the maid’s room of their own house. Rafa shot both lovers in the chest, but they survived. Rachel and Rocco charged Rafa with frustrated parricide and frustrated homicide. Did Rafa commit the offenses as charged? What crime did Rachel and Rocco commit, if any? Explain
Answer (1)
Legal analysisRafa may claim the "privileged mitigating circumstance" of passion (Art. 247, Revised Penal Code), which lowers the penalty for serious physical injuries or homicide when committed in the act of discovering sexual infidelity.Rachel and RoccoMay be morally wrong, but no crime like adultery is filed unless through private complaint by the husband.Legal outcome depends on intent, timing, and evidence.
