People v.

Itlanas
Under Transferred intent and impossible crimes, Aberratio Ictus

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ADVENTOR ITLANAS y BAUTISO, Accused-

Appellant.

The accused were convicted murder against Philippine Constabulary Sgt. Amelito Perez, homicide
against CIC Edmar Mag-aso, and homicide thru reckless imprudence against Manuel Flores.

The accused allegedly hid and waited for the opportune time to shoot Sgt. Amelito Perez and did, to
which according to circumstantial evidences he intended to do to get rich overnight. In execution he
committed homicide to 2 more individuals, first CIC Edmar Mag-aso who was unarmed and was the
owner of the firearms used who died in struggle to get it back. Manuel Flores died from stray bullets
intended for Mag-aso.

Separately, accused was punished murder for reclusion perpetua (TWENTY YEARS AND ONE DAY TO
THIRTY YEARS), homicide for prison mayor (8 years and 1 day) to maximum of prison temporal (14 years
8 months and 1 day), and homicide thru reckless imprudence for prision correccional. (4 MONTHS and
1 DAY to 2 YEARS, 4 MONTHS AND 1 DAY)

The appellant contends his admission to the crime was inadmissible because it was taken without
counsel and was obtained thru coercion. He also contends there were no eyewitnesses to the
commission. Contentions against conviction of appellant was not corroborated by testimonies which
involves admission to the crime to people he spoke with right after he committed it.

Issue:
1.Whether his extra-judicial confession was ad)missible.
Yes, because he was well informed of his rights to which he volunteered to answer questions.

on the topic of Aberration ictus 2. whether appellant was guilty of homicide for death of Manuel Flores
due to stray bullets shot by appellant.

Yes, because Article 4 of the Revised Penal Code provides that anyone who commits felony against
someone despite it wasn’t his intention shall incur criminal liability. Aberratio Ictus – “wrong blow” or
accidental harm to another.

Ruling: WHEREFORE, the judgment appealed from is AFFIRMED with respect to the death of Sgt.
Amelito Perez and CIC Edmar Mag-aso. However, with respect to the death of Manuel Flores, the crime
committed is homicide and, for this, appellant is hereby sentenced to suffer imprisonment of from
EIGHT (8) YEARS and ONE (1) DAY of prision mayor, as minimum, to FOURTEEN (14) YEARS, EIGHT (8)
MONTHS and ONE (1) DAY of reclusion temporal, as maximum.

Further, the indemnities to be paid to the heirs of the three (3) victims are hereby increased to
P30,000.00 each.