MISTAKES OF FACT is a misapprehension of fact on the part of the person who caused injury to

another. He is not criminally liable because he did not act with criminal intent.

People v. Bayambao

G. R. No. L-29481

October 31, 1928

The wife of the appellant was cooking when she thought and said to her husband (Bayambao) that
someone has thrown a stone at their house. The accused took his revolver and went down the house.
Having gone under the house, he looked around, but did not see anybody; however, he did not go far
because he was alone. While he was about to ascend, he heard a noise and saw a black figure that rushed
at him, with hands lifted up as if to strike him, and becoming frightened, he fired at it.

Bayambao admitted that he fired because he thought he saw an outlaw and but found out later that it was
his brother-in-law that he killed with his revolver.

The court held that what happened to Mangutara (the brother-in-law) was an unfortunate accident
without fault or guilt on the part of Bayambao. He (Bayambao) acted from the “impulse of an
uncontrollable fear of an ill at least equal in gravity, in the belief that the deceased was a malefactor who
attacked him with a kampilan or dagger in hand, and for this reason, he was guilty of no crime and is
exempt from criminal liability (art. 8, No. 10, Penal Code.)”

*hindi sinabi pero I think gabi nung nangyari yung accident