ABERRATIO ICTUS:

In Aberratio Ictus or mistake in the blow, it presupposes 3 persons present in the crime scene. They are
the offender, intended victim, and the innocent person who was injured by reason of the offender’s act
committed by mistake. In the case below, Vagallon is the offender, Roque Salomon is the intended
victim, and Natividad Salomon is the innocent person.

People v. Vagallon

G. R. No. L-22688

January 26, 1925

Ramon Vagallon (the accused) and Roque Salomon had a fight on August 22, 1923. According to
Salomon, he was attacked by the accused with a bolo, but according to Vagallon, he was attacked by
several persons who were with Roque Salomon. In this fight Roque Salomon received one wound, while
Ramon Vagallon received six. (guys basta nag-away sila regardless kung sino nagsimula)

During the fight, Vagallon had thrown a lance against Roque Salomon, with whom he was fighting. The
latter avoided the blow, and the lance struck the girl Natividad Salomon on one of her sides, as she was
then behind the combatants.

The accused admits having inflicting the wounds that caused the death of Natividad Salomon.

The trial court found the accused guilty of the crime of homicide and ordered him to indemnify the
family of Natividad Salomon in the sum of P500. The accused was penalized with fourteen years, eight
months, and one day of reclusion temporal.