Dear PAO,
My friend swung a bat at someone he thought was his attacker months ago, but it turned out tobe a different person. Does that mistake reduce his criminal liability?
Renielle
Dear Renielle,
It depends. Article 4 (2) of the Revised Penal Code of the Philippines (RPC) makes a person fully liable for the natural and logical consequences of a felonious act, even if the actual harm or victim is different from what was intended. It provides:
“ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred xxx
“2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.”
The mere fact that your friend hit a different person does not, by itself, reduce his criminal liability. We have to qualify, depending on the provision of Article 49 of the RPC, as follows:
“ARTICLE 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. - In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:
“1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.
“2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
“3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.”
Accordingly, when the intended felony differs from the resulting felony due to a mistake in identity or error in personae, the offender shall be held liable for the felony actually committed. However, the penalty to be imposed must be the lesser of the two penalties corresponding to the intended felony and the felony ultimately committed. Thus, in such situations, mistake in identity operates as a mitigating circumstance, reducing the imposable penalty since the lesser penalty shall be applied in its maximum period.
Conversely, if the intended felony is the same as the felony actually committed — meaning there is no variance between the two — then the same penalty shall be imposed upon the offender. In such instances, mistake in identity or error in personae has no effect on the offender’s criminal liability and will not mitigate or lessen the penalty.
We hope that we were able to answer your queries. Please be reminded that this advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
We appreciate your trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.