People vs. Gonzales FACTS: Both of The Families of Andres and That of Gonzalez Were On Their Way To The Exit of The Loyola

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PEOPLE VS.

GONZALES

FACTS: Both of the families of Andres and that of Gonzalez were on their way to the exit of the Loyola
Memorial Park. Gonzales was driving with his grandson and 3 housemaids, while Andres was driving with
his pregnant wife, Feliber, his 2yr old son, Kenneth, his nephew Kevin and his sister-in-law.
At an intersection, their two vehicles almost collided. Gonzales continued driving while Andres
tailed Gonzales’ vehicle and cut him off when he found the opportunity to do so, then got out of his vehicle
and knocked on the appellant's car window.
Heated exchange of remarks followed. On his way back to his vehicle, he met Gonzales son, Dino.
Andres had a shouting match this time with Dino.
Gonzales then alighted from his car and fired a single shot at the last window on the left side of
Andres' vehicle at an angle away from Andres.
The single bullet fired hit Kenneth, Kevin and Feliber which caused the latter’s death.

RULING: Provocation must be sufficient to excite a person to commit the wrong committed and that the
provocation must be commensurate to the crime committed; The aggressive behavior of the complainant
towards the accused and his son may be demeaning or humiliating but it is not sufficient provocation to
shoot at the complainant’s vehicle.

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