Topic: Aberratio ictus or accidental harm to a person

People vs Guillen

85Phil.307, January 18, 1950

Facts:

Julio Guillen was found guilty of murder and multiple frustrated murder and was sentenced to penalty
of death and to pay P2,000. Guillen threw a grenade at the President Roxas during his speech at Plaza de
Miranda, Quiapo, Manila in March 10, 1947. Gen. Castañeda immediately kicked the grenade away from
the platform, where the grenade exploded near the stage. The explosion caused the death of Simeon
Varela and injured four other persons.

Contention of the Accused:

Guillen is guilty only of homicide through reckless imprudence to the death of Varela, and of less
serious physical injuries in regard to the other four persons injured as his intention of his wrong act is to
kill the President. Therefore Guillen should be sentenced to the claimed crime.

Contention of the State:

Guillen acted with malice by throwing the grenade at the President with the intention of killing him.
Therefore he is liable for the consequences of his act in accordance with article 4 of the Revised Penal
Code. It is an act of imprudence if intention with malice is not present which is opposed to Guillen’s
wrongful act.

HELD:

The Supreme Court affirmed to the decision of the First Trial Court.