1 CRIM1| ATTY.
SALIDAD | G03 CADIZ | CAMINADE | CORDOVEZ | CUNANAN | FERRARIS | KO | TAN | YU
People v. Sabalones
G.R. No. 123485 August 31, 1998
Panganiban, J.
Facts:
Accused-appellants, Rolusape Sabalones, Artemio Timoteo
Beronga, Teodulo Alegarbes and Eufemio Cabanero, were
convicted of two counts of murder and three counts of frustrated
murder. The conviction arose from a shooting incident on June 1,
1985, at around 11:45pm, in Talisay Cebu, which resulted in the
killing of two persons - Glenn Tiempo, Alfredo Nardo – and the
wounding of three others - Rey Bolo, Rogelio Presores and Nelson
Tiempo. The victims were all riding two vehicles, a jeep and a car,
when the appellants allegedly ambushed them.
RTC rendered them guilty and sentenced them to 14 years 8
months and 1 day to 17 years 4 months and 1 day of reclusion
temporal and P50,000 for every count of murder; and 8 years of
prision mayor as minimum to 14 years and 8 months of reclusion
temporal and P20,000 for every count of frustrated murder.
Hereafter the accused-appellants filed a notice of appeal to the CA
to which the CA affirmed the lower court’s decision but modified
penalties.
Accused-appellants again appealed to the SC, hence present case.
Accused-appellants accuse that the trial court engaged in
“conjecture” in ruling that there was aberration ictus in the case.
Issue
WON there was aberratio ictus in the present case as appellants
allege
Held
NO. The trial court only relied on the concept of aberration ictus to
explain why the appellants staged the ambush, not to prove that
appellants did in fact commit the crimes. Assuming that the trial
court did err in explaining the motive of the appellants, this does
not detract from its findings, that the guilt of the appellants was
proven beyond reasonable doubt.
The conclusion of the courts that the appellants killed the wrong
persons was based on the extrajudicial statement of Appellant
Boronga and a testimony of Jennifer Binghoy. The appellants
believed that they were suspected of killing a Nabing Velez, and
that they expected his group to retaliate against them. Hence, upon
arrival of the victims’ vehicles, which they mistook to be carrying
the retaliating men of Nabing Velez, they opened fire. Nonetheless,
the fact that they were mistaken does not diminish their
culpability. The court held that mistake in the identity of the victim
carries the same gravity as when the accused zeroes in on his
intended victim.
The case, observed by the OSG, is better characterized as error in
personae or mistake in the identity of the victim, rather than
aberratio ictus which means mistake in the blow, characterized by
aiming at one but hitting the other due to imprecision in the blow.
The appeal is denied and the assailed decision is affirmed.
Penalties were modified to reclusion perpetua and P50,000 for
damages for each count of murder and; 8 years of prision mayor
(minimum) to 14 years and 8 months of reclusion temporal as
maximum and damages of: P9,431.10 for Rey Bolo, P5,412.69 for
Rogelio Presores, and P21,594.22 for Nelson Tiempo.