Mistake of Facts vs. Mistake of Identity vs.

Mistake in the
Blow vs. Injurious result is greater than that intended

Injurious
Mistake of Mistake of Mistake in the result is
Facts Identity Blow greater than
that intended
Ignorantia facti Error in personae Aberratio ictus Praeter
Latin Name
excusat intentionem
-is an absolutory injuring one When offender injurious result is
cause for had person mistaken intending to do an greater than
Meaning the facts been for another injury to one person that intended
true to the belief actually inflicts it on
of the offender another
Negative Penalty for lesser penalty for graver Mitigating
Circumstances criminal Liability crime in its offense in its circumstance
Affecting maximum period maximum period Art. 13
Criminal Art. 49 Art. 48
Liability (Extenuating
Circumstance)
There was a Single Crime Complex crimes Single Crime
As to Count crime but no Art. 48
criminal
Persons One subject One subject At least two one subject
Involve subjects
No criminal A has intent to kill The intended Lack of intent to
intent B, but kills C subject is a commit so grave
Intent different subject, a wrong
but the felony is still
the same.
Criminal No criminal Has criminal Has criminal liability Has criminal
Liability liability liability liability
Landmark U.S. vs. Ah Chong People vs. Oannis People vs. Mabugat People vs. Cagoco
Case
Mistake of fact is Of the same May result to a Mitigating
relevant ONLY in gravity or greater criminal only if there is a
dolo severity, the liability notable disparity
Exceptions /
penalty is not between the
Notes
mitigated. means employed
and the resulting
felony.