CASE DIGEST: People of the Philippines v. Oanis

 

People vs Oanis

G.R. No. L-47722 | July 27,1943

FACTS:

On Dec. 25, 1938, the Constabulary Provincial Inspector at Cabanatuan, Nueva Ecija received a telegram containing an information that Anselmo Balagtas, a notorious criminial, was staying with one Irene in Cabanatuan, Nueva Ecija and to get him dead or alive. Among those assigned to the task were Antonio Oanis and Alberto Galanta. They and a constabulary private were shown a newspaper picture of Balagtas and was instructed to arrest him, and if overpowered, to follow the instruction contained in the telegram. They proceeded to the house of Irene and approached Brigida Mallari to inquire for the room of Irene and upon further inquiry also said that Irene was sleeping with her paramour. Upon reaching the room, they saw a man sleeping beside a woman with his back to the door and started shooting the man. He was then killed but it turned out that he was not Balagtas but Serapio Tecson.

ISSUE:

Whether or not the defendants incurred criminal liability for mistakenly killing Tecson while in the exercise of their duty

RULING:

Art. 11(5) of the RPC provides that a person incurs no criminal liability when he acts in the fulfilment of a duty or in the lawful exercise of a right or office. There are 2 requisites for this: (1) that the offender acted in the performance of a duty or in the lawful exercise of the right; (2) that the injury or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office. In this case, only the first requisite is present. Their duty was to arrest Balagtas or get him dead or alive if resistance is offered by him and they are overpowered. They have exceeded such duty by killing the person whom they believed to be Balagtas without any resistance or inquiry to his identity. The crime committed by them is not the necessary consequence of a due performance of their duty. The fulfilment of duty must be exercised with due care; otherwise, the accused will be liable for culpable felony. For a man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent.