Philippine Bar review · Question

Practice question: Aberratio Ictus; Error In Personae; Praeter Intentionem

Multiple Choice Hard

Practice question

A single criminal act directed at one target also harms another. The proved act constitutes two grave or less grave felonies, with no special rule displacing Article 48. A party insists that Article 49 must govern simply because the actual harm differed from the plan. What is correct?
  1. Every mistaken result automatically invokes Article 49
  2. The stipulated single-act multiple-felony conditions require Article 48 analysis rather than automatic Article 49 treatment
  3. Article 48 never applies when another victim is hit
  4. The accused is liable only for the imagined result
  5. All unintended victims are outside criminal law

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles4(1),13(3) and49: unintended consequences, lack of intention to commit so grave a wrong and different intended offense.
  • https://lawphil.net/statutes/acts/act1932/act_4000_1932.html — Current amended Article 48: single act constituting two or more grave or less grave felonies.
  • https://lawphil.net/judjuris/juri2024/apr2024/gr_262603_2024.html — People v. Sia, G.R. 262603, April 15, 2024, main decision: mistaken identity and mistake in blow do not automatically negate intent.
  • https://lawphil.net/judjuris/juri1950/jan1950/gr_l-1477_1950.html — People v. Guillen, G.R. L-1477, January 18, 1950, main decision: Article 48 rather than automatic Article 49 in the single-act multiple-felony setting; historical death sentence not adopted.

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