2015 Criminal Law, Q10

Honesto and Wilma were married but had been living separately due to irreconcilable differences. Honesto later met Celia and fell in love with her. Thinking that he could marry Celia if Wilma were to die, Honesto decided to kill Wilma. He secretly followed Wilma for weeks to learn her daily routine. He decided to kill her at night on her way home. On the night he was to kill Wilma, Honesto wore dark clothes so that he would not be easily seen. He waited in the dark alley for Wilma to pass by. He saw someone whom he thought looked like Wilma and shot her with a revolver. The bullet passed through the person’s head and grazed another passerby’s arm. Some bystanders who heard the shot were able to stop Honesto.
It turned out that Wilma did not report for work on that day, and the one who was shot in the head was Melba, who died. The passerby whose arm was grazed by the bullet required medical attendance for two days.
a) What crime(s) did Honesto commit? Explain. (2.5%)
b) Will your answer be the same, assuming that the other passerby was hit in the left eye which caused his/her blindness? Explain. (2.5%)

Quick check

What crime is committed when an offender kills an unintended victim due to a mistake in identity?

What occurs in aberratio ictus under Philippine criminal law jurisprudence?

Why can slight physical injuries NOT be complexed with murder under Article 48 of the RPC?

What complex crime is formed when a single gunshot results in both murder and serious physical injuries?

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Which element qualifies the killing of Melba to murder despite Honesto's mistaken belief that she was Wilma?

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1. Error in Personae
Under Article 4(1) of the Revised Penal Code, criminal liability is incurred by any person committing a felony, although the wrongful act done be different from that which he intended. Error in personae, or mistake in identity, occurs when an offender intends to commit a crime against a specific person but executes it against a different person due to mistaken identity. The mistake in identity does not relieve the offender of criminal liability. If treachery attended the planned killing, it qualifies the actual killing to murder even if the victim killed was not the intended target.

2. Aberratio Ictus
Aberratio ictus, or mistake in the blow, occurs when an offender directs a felonious act toward a targeted victim, but due to poor aim or unforeseen physical trajectory, the stroke or bullet also strikes an unintended third party. Under Article 4(1) of the Revised Penal Code, the offender remains criminally liable for all direct logical consequences of his unlawful act. When a single gunshot kills the mistaken victim and injures a bystander, the offender is criminally responsible for both the resulting murder and the physical injuries inflicted on the innocent passerby.

3. Article 48 RPC
Under Article 48 of the Revised Penal Code, a complex crime exists when a single act constitutes two or more grave or less grave felonies. Light felonies, such as slight physical injuries requiring medical attendance for less than nine days, cannot be complexed with grave felonies like murder; thus, separate crimes are committed. However, if the single act results in a grave felony such as murder and a less grave felony such as serious physical injuries, Article 48 applies, creating a single compound complex crime where the penalty for the most serious crime is imposed in its maximum period.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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