LEONITO MACAGALING, accused-appellant vs.

PEOPLE OF THE PHILIPPINES plaintiff.

[G.R. No. 1091131-33, October 3 1994]

I. Ticker: (Mistake by blow; Dance in plaza hall; Teotimo Fameronag; Mistakenly shot by Leonito)

II. Doctrine: Aberratio Ictus [ Mistake in the Blow]

Aberratio Ictus – when the offender intending to do an injury to one person actually inflicts it on
another.  “Although the wrongful act done be different from that which he intended”

III. Facts

 In connection with the barangay fiesta of Calabahasan, Concepcion, Rombol, a coronation ball
was held at the public plaza.
 Leonito Macagaling point and then fire a gut at his nephew, Dennis Macagaling. The bullet
missed Dennis but wounded Teotimo Famerona on the right chest causing the latter to collapse
in front of Dennis.
 Dennis tried to escape from Leonito by running away from the scene. However, the accused was
able to catch up and shot him point-blank at his temple and shot 3 times successive on the neck.
 On the other hand, Roger Lacambra, a stepson of Teotimo Fameronag, hearing the gunshot,
went near the dance hall and saw Fameronag staggering towards him. Fameronag fell down on
the floor and asked for his help. With the help of his co-dancers, he brough Fameronag to a
hospital in Pinamalayan, Oriental Mindoro and, later to the provincial hostpital of Calapan where
Teotimo expired.

IV. Issue 
 Whether or not the killing of Teotimo Fameronag is an accident and that the accused is not
criminally liable

V. Decision

 No. The accused is criminally liable to consummated homicide because the killing of Teotimo
Fameronag was the result of an aberration ictus, or miscarriage of the blow.

The Court provides that the death of Teotimo Fameronag resulted from the culpable, aberratio
ictus, in relation to Article 4 of the revised penal code.

Thus, the accused is liable to consummated homicide with respect to the death of Teotimo
Fameronag