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vs
Sabalones
Wrongful
act
done
be
different
from
what
was
intended
Date:
August
31,
1998
Ponente:
Panganiban
SUMMARY:
HOLDING:
Rolusape
Sabalones
and
Timoteo
Beronga
were
1. Error
in
Personae
(mistake
in
identity
of
the
convicted
of
two
counts
of
murder
and
three
counts
of
victim).
There
was
enough
evidence
to
believe
frustrated
murder.
The
victims
of
murder
were
Glen
that
they
accused
were
trying
to
defend
Tiempo
and
Alfredo
Nardo.
The
three
injured
are
Nelson
themselves
Tiempo,
Rogelio
Presores,
and
Rey
Bolo.
The
incident
***Isipin
niyo
nalang:
nagkaroon
ng
away
yung
happened
as
the
party
of
victims
was
approaching
the
Nabing
Velez
at
Sabalones.
For
some
reason,
house
of
Stephen
Lim
where
they
were
“ambushed”.
pinatay
si
Velez.
Syempre
orime
suspect
ng
mga
Previously,
the
rival
of
Sabalones,
Nabing
Velez,
got
into
tropa
ni
Velez
sina
Sabalones.
Akala
nila
yung
an
altercation
with
his
father
in
a
cockpit,
was
killed
in
a
mga
nakasakay
sa
jeep
tropa
ni
Velez
and
separate
incident.
The
RTC
ruled
that
the
attack
by
GAGANTI.
Inunahan
na
nila.
Sabalones
and
Co.
was
the
effect
of
their
assumption
that
they
the
friends
of
Nabing
Velez
will
attack
them.
2. MURDER.
There
was
treachery
involved
and
Unfortunately,
the
victims
of
the
incident
had
nothing
to
according
to
the
statement
of
another
witness
do
with
the
case.
They
were
unarmed
and
defenseless.
(Jennifer
Binghoy),
the
group
seems
to
be
The
group
of
Sabalones
tried
to
downplay
the
credibility
planning
something
in
the
wake
of
the
brother
of
the
eyewitnesses
(Edwin
Santos
and
Rogelio
Presores)
of
Sabalones.
They
also
seems
worried
upon
but
the
court
ruled
that
they
were
credible
and
that
hearing
about
the
death
of
Nabing
Velez
on
their
statements
are
valid.
The
court
ruled
that
this
was
radio.
Treachery
was
also
present
as
the
victims
not
a
case
of
Aberatio
ictus
(mistake
in
blow)
but
rather
did
not
have
any
chance
to
defend
themselves.
error
in
personae
(mistake
in
the
identity
of
the
victims)
***ambush
nga
eh
so
medyo
obvious
na
hindi
and
carries
a
heavier
penalty.
accident,
it
was
planned.
RULING:
ISSUES:
1. Did
the
group
commit
Aberatio
ictus
(mistake
WHEREFORE,
the
appeal
is
DENIED
and
the
assailed
in
blow)
or
error
in
personae
(mistake
in
the
Decision
is
AFFIRMED.
However,
the
penalties
are
identity
of
the
victims)?
hereby
MODIFIED
2. Is
this
murder
or
homicide?