General Provisions

Aberratio Ictus

Aberratio Ictus is mistake in the blow. It is a manner or incurring criminal liability according to Paragraph 1, Article 4, Revised Penal Code. It is a mistake in the identity of the victim, which may either be (a) "error in personae" (mistake of the person), or (b) "aberratio ictus" (mistake in the blow), it is neither exempting nor mitigating (People vs. Gona, 54 Phil. 605 [1930]).

 

References:

Revised Penal Code of the Philippines

PEOPLE OF THE PHILIPPINES vs. GEMOYA, et. al., G.R. No. 132633, October 4, 2000.


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