People v. Flora

G.R. No.
125909, June 23, 2000

THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. HERMOGENES
FLORA AND EDWIN FLORA, ACCUSED-APPELLANTS.
PONENTE: QUISUMBING, J.
DOCTRINE: Art. 4 ABERRATIO ICTUS PRINCIPLE. Aberratio Ictus or mistake in the

blow is a situation wherein the offender directed the blow at his intended victim but
because of poor aim, the blow landed on another person. In this case, both the intended
victim and actual victim are there at the scene of the crime. However, because of a lack
of precision on the part of the said offender, the blow intended for the intended victim was
done on the actual victim. It was the actual victim who suffered the blow. Hermogenes
brothers only intended to shoot and kill IRENEO GALLARTE however, due to his lack of
precision killed EMERITA ROMA and injured FLOR ESPINAS. Emerita Roma and Flor
Espinas were merely innocent bystanders when hit by gunfire.
FACTS: On the evening of January 9, 1993, a dance party was held to celebrate the
birthday of Jeng-jeng Malubago in Sitio Silab, Barangay Longos, Kalayaan, Laguna.
Appellant Hermogenes Flora, allegedly a suitor of Jeng-jeng Malubago, attended the
party with his brother and co-appellant Edwin Flora, alias "Boboy". Also in attendance
were Rosalie Roma, then a high school student; her mother, Emerita Roma, and her aunt,
Flor Espinas. Ireneo Gallarte, a neighbor of the Romas, was there too.
The dancing went on past midnight but at about 1:30, violence erupted. On signal by
Edwin Flora, Hermogenes Flora fired his .38 caliber revolver twice. The first shot grazed
the right shoulder of Flor Espinas, then hit Emerita Roma, below her shoulder. The second
shot hit Ireneo Gallarte who slumped onto the floor. Rosalie, was shocked and could only
utter, "si Bodoy, si Bodoy", referring to Hermogenes Flora. Edwin Flora approached her
and, poking a knife at her neck, threatened to kill her before he and his brother,
Hermogenes, fled the scene. The victims of the gunfire were transported to the Rural
Health Unit in Longos, Kalayaan, Laguna, where Emerita and Ireneo died.
Early that same morning of January 10, 1993, the police arrested Edwin Flora at his
rented house in Barangay Bagumbayan, Paete, Laguna. Hermogenes Flora, after
learning of the arrest of his brother, proceeded first to the house of his aunt, Erlinda
Pangan, in Pangil, Laguna but later that day, he fled to his hometown in Pipian, San
Fernando, Camarines Sur.
TAKE NOTE: [Hermogenes brothers only intended to shot and kill IRENEO GALLARTE
however, due to his lack of precision killed EMERITA ROMA and injured FLOR ESPINAS.
Emerita Roma and Flor Espinas were merely innocent bystanders when hit by gunfire].
HOW THEY DIED ACCORDING TO AUTOPSY
EMERITA ROMA-The cause of her death was attributed to `Hypovolemic' shock

secondary to massive blood loss secondary to gunshot wound of the posterior chest wall.
IRENEO GALLARTE -His cause of death was attributed to `Hypovelemic' shock

secondary to massive blood loss secondary to gunshot wound of the left arm.
INJURY OF Flor Espinas- She sustained a gunshot wound in her shoulder but did NOT
cause of her death.
DEFENSE OF APPELLANTS: Appellants interposed ALIBI as their defense.
VERSION OF EDWIN FLORA:

"Edwin Flora, 28 years old, testified that accused Hermogenes Flora is his brother. On
January 10, 1993, around 1:30 in the morning, he was at Barangay Bagumbayan, Paete,
Laguna in the house of Johnny Balticanto, sleeping with his wife. Policemen came at said
house looking for his brother Hermogenes. Replying to them that his brother was not
living there, policemen took him instead to the Municipal building of Paete and thereafter
transferred and detained him to (sic) the Municipal building of Kalayaan.
He recalled that on January 9, 1993, after coming from the cockpit at about 3:00 p.m. he
and his accused brother passed by the house of Julito Malubago. His brother
Hermogenes was courting the daughter of Julito Malubago. At about 6:00 p.m. he went
home but his brother stayed behind since there would be a dance party that night."
VERSION OF HERMOGENES FLORA:

"Hermogenes Flora, 21 years old, testified that he did not kill Ireneo Gallarte and Emerita
Roma and shot Flor Espina on January 10, 1993 at about 1:30 in the morning of Silab,
Longos Kalayaan Laguna. On said date, he was very much aslept (sic) in the house of
his sister Shirley at Sitio Bagumbayan, Longos, Kalayaan. From the time he slept at about
8:00 in the evening to the time he woke up at 6:00 in the morning, he had not gone out of
her sister's house. He knew the victims even before the incident and he had no severe
relation with them.
However, they challenge the court's finding that they failed to prove their alibi because
they did not establish that it was physically impossible for them to be present at the crime
scene.
ISSUE: Whether Hermogenes can escape culpability on the basis of aberratio ictus
principle.
RTC RULING: No. Resolving jointly Criminal Cases Nos. SC-4810, SC-4811 and SC-
4812, the trial court of Sta. Cruz, Laguna convicted both appellants for the murder of
Emerita Roma and Ireneo Gallarte, and the attempted murder of Flor Espinas.
SC RULING: No. 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
Emerita's death and Flor's 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. However, we cannot
find Edwin Flora similarly responsible for the death of Emerita Roma and the injury of Flor
Espinas. The evidence only shows a conspiracy to kill Ireneo Gallarte and no one else.
For acts done outside the contemplation of the conspirators, only the actual perpetrators
are liable. To conclude, appellant Edwin Flora is guilty beyond reasonable doubt only of
the murder of Ireneo Gallarte.
WHEREFORE, the decision of the trial court is hereby MODIFIED as follows:
(1) Appellants Hermogenes Flora and Edwin Flora are found GUILTY beyond
reasonable doubt of the MURDER of Ireneo Gallarte and sentenced to each suffer the
penalty of reclusion perpetua and to pay jointly and severally the heirs of Ireneo Gallarte
in the sum of P50,000.00 as death indemnity; P14,000.00 compensatory damages for the
wake and burial; and P470,232.00 representing loss of income without any subsidiary
imprisonment in case of insolvency.
(2) Hermogenes Flora is found GUILTY beyond reasonable doubt of the MURDER of
Emerita Roma and the ATTEMPTED MURDER of Flor Espinas. For the MURDER of
EMERITA ROMA, Hermogenes Flora is sentenced to suffer the penalty of reclusion
perpetua, to indemnify the heirs of Emerita Roma in the sum of P50,000.00 as death
indemnity, P14,000.00 as expenses for wake and burial, and P619,800.00 for loss of
earning capacity, without any subsidiary imprisonment in case of insolvency. For the
ATTEMPTED MURDER of Flor Espinas, Hermogenes Flora is sentenced to suffer the
penalty of imprisonment from two (2) years, four (4) months and one (1) day of prision
correccional as minimum to ten (10) years of prision mayor, as maximum, and to pay
P15,000.00 to Flor Espinas as indemnity for her injuries.
(3) Appellant Edwin Flora is ACQUITTED of the murder of Emerita Roma and the
attempted murder of Flor Espinas. Costs against appellants.
SO ORDERED. Bellosillo, (Chairman), Mendoza, Buena, and De Leon, Jr., JJ., concur

People v. Flora

Uploaded by

Copyright:

Available Formats

People v. Flora

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

People v. Flora

Uploaded by

Copyright:

Available Formats

G.R. No.

125909, June 23, 2000

DOCTRINE: Art. 4 ABERRATIO ICTUS PRINCIPLE. Aberratio Ictus or mistake in the

HOW THEY DIED ACCORDING TO AUTOPSY

EMERITA ROMA-The cause of her death was attributed to `Hypovolemic' shock

IRENEO GALLARTE -His cause of death was attributed to `Hypovelemic' shock

DEFENSE OF APPELLANTS: Appellants interposed ALIBI as their defense.

VERSION OF EDWIN FLORA:

VERSION OF HERMOGENES FLORA:

WHEREFORE, the decision of the trial court is hereby MODIFIED as follows:

You might also like