PEOPLE v.

SABALONES
G. R. No. 123485
August 31, 1998
Petitioner: the People of the Philippines
Respondent: Rolusape Sabalones alias "Roling," Artemio Timoteo Beronga, Teodulo Alegarbes,
and Eufemio Cabanero

Article 4. Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.
Error in personae (Mistaken identity) - is a Latin term that means “error of the person.” It refers
to mistake of a person’s identity.

Facts: Edwin Santos, a witness, stated that he was at the residence of Rogelio and Inday
Presores at Rizal Ave., Cebu City at 6 o'clock pm to attend a wedding. He then went to the house
of Maj. Tiempo where a small gathering was also taking place. There, he saw Nelson Tiempo,
Glenn Tiempo, Rogelio Presores, Rogelio Oliveros, Junior Villoria, Rey Bolo, and Alfredo Nardo.
Stephen Lim, who was also at the party, called the group and asked them to drive his car to his
house in Mansueto Compound, Bulacao, Talisay, Cebu. Nelson Tiempo drove Lim's car while
Alfredo Nardo drove an owner-type jeep in order to bring them back as a group.
The two vehicles traveled in convoy with the jeep 3 to 4 meters ahead of the car. When they
arrived at the gate of the house of Stephen Lim, they were met with a sudden burst of gunfire. He
looked at the direction where the gunfire came, and identified the persons who fired at the jeep.
The shooting incident led to the death of Glenn Tiempo and Alfredo Nardo, and fatal injuries of
Nelson Tiempo, Rey Bolo and Rogelio Presores.
Rolusape Sabalones was recognized as one of those who fired at the jeep. Teodulo Alegarbes,
Timoteo Beronga and another person, whom he recognized only through his facial appearance.
The Court of Appeals affirmed the trial court's Decision convicting appellants of two counts of
murder and three counts of frustrated murder. The respondents appealed, thus the case at bar.
Issue: Does aberratio ictus apply in the case at bar?
Held: No. The case is not one of aberratio ictus but one of error in personae or mistaken identity.
Aberratio ictus means "mistake in the blow” or accidental harm to a person while error in personae
means "mistaken identity" or error of the person. The former may be characterized by aiming at
one but hitting the other due to an imprecise shot. In the case at bar, the respondents executed
an ambush knowing that their supposed targets were inside the vehicles they attacked. In addition
to this, the place was well-lit; therefore, the faces are clearly seen at the time. Also there was a
presence of treachery, because of the circumstances that the crime was done at night time and
that the accused hid themselves among the bamboo. The Supreme Court held that mistake in
identity of the victim carries the same gravity as when the accused zeroes in on his intended
victim.