2. ABERRATIO ICTUS – means mistake in the blow, characterized by
aiming at one hitting the other due to imprecision in the blow (People vs.
Sabalones, 294 SCRA 751)
ABSENTEE- A person absent after seven years, it being unknown whether
or not he still lives, is disputably considered dead for all purposes, except
for those of succession.
- The absentee shall not be considered dead for the purpose of opening
his succession till after an absence of ten years. If he disappeared after the age
of seventy-five years, an absence of five years shall be sufficient in order that
his succession may be opened.
- The following shall be considered dead for all purposes including the
division of the estate among the heirs:
1. A person on board a vessel lost during a sea voyage, or an air-craft which
is missing, who has not been heard of for four years since the loss of the
vessel or aircraft;
2. A member of the armed forces who has taken part in armed hostilities, and
has been missing for four years;
3. 3. A person who has been in danger of death under other circumstances and
whose existence has not been known for four years;
4. If a married person has been absent for four consecutive years, the spouse
present may contract a subsequent marriage if he or she has a well-founded
belief that the absent spouse is already dead. In case of disappearance, where is
danger of death under the circumstances herein above provided, an absence of
only two years shall be sufficient for the purpose of contracting a subsequent
marriage. However in any case, before marrying again, the spouse present
must institute a summary proceeding as provided in the Family Code and in
the rules for a declaration of presumptive death of the absentee, without
prejudice to he effect of reappearance of the absent spouse.
ABURDITY – any thing which is irrational, unnatural or inconvenient that
it cannot be supposed to have been within the intention of men of ordinary
intelligence and discretion.(Republic vs. CA, 299 SCRA 199, 277)
ACCESORY – is one who, having knowledge of the commission of the
crime, and without having participated therein, either as principal or
accomplice, takes part subsequent to its commission in any of the following
manners:
4. 1. By profiting himself or assisting the offender to profit by the effort of
crime;
2. By concealing or destroying the body of the crime or the effects of the
instruments thereof, in order to prevent its discovery;
3. By harboring, concealing, or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of the public functions or
whenever the author of the crime is guilty of treason, parricide, murder,
or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.(Art. 19 Rev. Penal Code; People vs.
Maluenda, 288 SCRA 255)
ACCIDENT – is an event which happens without any human agency or, if
happening through human agency, an event which, under the
circumstances, is unusual to and not expected by the person to whom it
happens. It has also been defined as an injury which happens by reason of
some violence or casualty to the insured without his design, consent, or
voluntary cooperation. (Sun insurance Office, Ltd. vs. CA, 211 SCRA 554)
