Discharge Of Firearms
1. That the offender discharges a firearm against or at another
2. That the offender has no intention to kill that person.
The offender must shoot at another with any firearm without
intention of killing him. If the firearm is not discharged at a
person, the act is not punished under this article.
No crime if firearm is not discharged.
A discharge towards the house of the victim is not discharge of
firearm. Firing a gun at the house of the offended party, not
knowing in what part of the house the people were, is only alarm
under Art. 155.
Usually, the purpose of the offender is only to intimidate or
frighten the offended party.
If there is intention to kill, it may be classified as frustrated
or attempted parricide, murder, or homicide.
No intent to kill if the distance is 200 meters.
There is a special complex crime of illegal discharge of firearm with
serious or less serious physical injuries.
It is essential for prosecution to prove that the discharge of
firearm was directed precisely against the offended party.
Intent to kill is negated by the fact that the distance between
the victim and the offender is 200 yards.
A person can be held liable for discharge even if the gun was not
pointed at the offended party when it fired as long as it was
initially aimed at or against the offended party.