The Mysteriuos Aberratio Ictus

Talampas Vs. People of the Phils. (GR 180219)

The fact that the target of Talampas assault was Eduardo, not Ernesto, did not excuse his hitting and killing of Ernesto. The fatal hitting of Ernesto was the natural and direct consequence of Talampas felonious deadly assault against Eduardo. Talampas poor aim amounted to aberratio ictus, or mistake in the blow, a circumstance that neither exempted him from criminal responsibility nor mitigated his criminal liability. Lo que es causa de la causa, es causa del mal causado (what is the cause of the cause is the cause of the evil caused). Under Article 4 of the Revised Penal Code, criminal liability is incurred by any person committing a felony although the wrongful act done be different from that which he intended.

People vs. Gemoya (GR 132633)

The two accused-appellants herein are liable for the crime resulting from Gemoya’s act of releasing the second “indian pana”, which accidentally hit Rosalie. Although Rosalie may not have been their intended victim, accused-appellants, acting in conspiracy with one another as we have earlier discussed, are liable for the consequences of their felonious act (see: Paragraph 1, Article 4, Revised Penal Code). 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), is neither exempting nor mitigating (People vs. Gona, 54 Phil. 605 [1930]). Accused-appellants, therefore, cannot escape the criminal liability resulting from the injury suffered by Rosalie.

People vs. Flora (GR 125909)

Coming now to the criminal responsibility of appellants. In the present case, when Hermogenes Flora first fired his gun at Ireneo, but missed, and hit Emerita Roma and Flor Espinas instead, he became liable for Emeritas death and Flors injuries. Hermogenes cannot escape culpability on the basis of aberratio ictus principle. Criminal liability is incurred by any person committing a felony, although the wrongful act be different from that which he intended.


Treaties and Laws of Preferential Application

Salonga vs. Smith (GR175888)

The rule in international law is that a foreign armed forces allowed to enter ones territory is immune from local jurisdiction, except to the extent agreed upon. The Status of Forces Agreements involving foreign military units around the world vary in terms and conditions, according to the situation of the parties involved, and reflect their bargaining power. But the principle remains, i.e., the receiving State can exercise jurisdiction over the forces of the sending State only to the extent agreed upon by the parties.

Deutcshe Bank vs.CIR (GR 188550)

A state that has contracted valid international obligations is bound to make in its legislations those modifications that may be necessary to ensure the fulfillment of the obligations undertaken. Thus, laws and issuances must ensure that the reliefs granted under tax treaties are accorded to the parties entitled thereto. The BIR must not impose additional requirements that would negate the availment of the reliefs provided for under international agreements. More so, when the RP-Germany Tax Treaty does not provide for any pre-requisite for the availment of the benefits under said agreement.

Tanada vs. Angara (GR 118295)

This Court notes and appreciates the ferocity and passion by which petitioners stressed their arguments on this issue. However, while sovereignty has traditionally been deemed absolute and all-encompassing on the domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the family of nations. Unquestionably, the Constitution did not envision a hermit-type isolation of the country from the rest of the world. In its Declaration of Principles and State Policies, the Constitution adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity, with all nations.” By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws. One of the oldest and most fundamental rules in international law is pacta sunt servanda — international agreements must be performed in good faith. A treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties x x x. A state which has contracted valid international obligations is bound to make in its legislations such modifications as may be necessary to ensure the fulfillment of the obligations undertaken.