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00:00.0
The Third Factor Affecting Criminal Intent is Error in Personae
00:18.9
What is Error in Personae?
00:23.1
Error in Personae in English means mistake in identity.
00:27.3
Here, the offender committed a mistake in ascertaining the identity of the intended victim,
00:35.0
such that there are only two persons involved in this scenario,
00:38.9
the offender and the actual or unintended victim.
00:43.6
The intended victim is absent.
00:47.6
For example, X wanted to kill Y.
00:51.2
X then went to Y's house and saw a man whom he thought was Y
00:56.5
standing in front of him.
00:57.3
X then went to Y's house and saw a man whom he thought was Y standing near the door.
00:59.4
X shot and killed the man who, unfortunately, turned out to be a different person, Z, not Y.
01:08.6
X, in the example above, is liable for the death of Z.
01:14.3
The fact that the victim was different from the one the offender intended to kill is immaterial.
01:21.4
Mistake in the identity of the victim carries the same gravity as when the offender,
01:27.3
ளC, zeros in on his intended victim.
01:30.8
This is so because the offender is considered to have acted with such a disregard
01:36.3
for the life of his victim without checking carefully the latter's identity
01:41.5
as to place himself on the same plane as the one who kills his intended victim.
01:50.4
Meron pa rin criminal intent kahit na ibang person yung victim.
01:56.4
So, it within the law, it is only a person who is a victim.
01:57.3
We will not mitigate nor exempt the offender from criminal liability because criminal intent is present regardless of the fact that the one who was attacked was not the intended victim.
02:17.0
Question. In error in personae, what is the effect on the criminal liability of the offender if the intended crime and the actual crime committed are of different gravity?
02:32.3
For example, X killed Y, his father, whom he thought was Z, his neighbor.
02:39.3
Let us assume, for the sake of this example, that no qualifying circumstance attended the killing such that had X killed Y.
02:47.0
If X killed Z, the crime would have been only homicide.
02:52.7
In the example above, the intended crime, X wanting to kill Z, is homicide.
03:00.0
But the crime actually committed, X killing Y, is parasite.
03:05.2
Now, under Article 49 of the Revised Penal Code, the lower imposable penalty between the intended felony and the actual felony shall be the one imposed.
03:16.4
Now, let us assume, for the sake of this example, that no qualifying circumstance attended the killing such that had X killed Y, his father, whom he thought was Z, his neighbor.
03:17.0
Now, the imposable penalty for homicide, meaning the intended felony, is reclusion temporal, 12 years and 1 day to 20 years.
03:26.3
Whereas the imposable penalty for parasite, the actual felony, is reclusion perpetua, having a range of 20 years and 1 day to 40 years.
03:38.3
In such a case, the penalty for homicide shall be the one imposed, but the same shall be imposed in the maximum period.
03:47.0
This, in effect, is an extenuating circumstance.
03:53.4
On the other hand, what is the rule if the intended felony and the actual felony are of the same gravity?
04:03.0
If the intended crime is homicide, but the actual crime committed on a wrong victim is also homicide, or any crime having the same penalty, having the same gravity, for that matter,
04:15.8
then there is no mitigation of the criminal liability.
04:20.5
The penalty to be imposed is the same.
