Accident as exempting circumstance

For accident to be properly appreciated as an exempting circumstance, the following requisites must concur:

[1] that the accused was performing a lawful act with due care;

[2] that the injury is caused by mere accident; and

[3] that there was no fault or intent on his part to cause the injury. Appellant must convincingly prove the presence of these elements in order to benefit from the exempting circumstance of accident. (Jose vs. People, G.R. No. 162052, 13 January 2005, 448 SCRA 116)