G.R. No.L-47722 July 27, 1943
MORAN, J.
Lesson applicable: mitigating
circumstances
FACTS:
Ø Captain Godofredo Monsod, Constabulary Provincial Inspector at
Cabanatuan, Nueva Ecija, received from Major Guido a telegram of the following
tenor: "Information received escaped convict Anselmo Balagtas with bailarina
and Irene in Cabanatuan get him dead or alive." Captain Monsod
accordingly called for his first sergeant and asked that he be given four men.
Ø The same instruction was given to the chief of police Oanis who was
likewise called by the Provincial Inspector.
Ø Defendants Oanis and Galanta then went to the room of Irene, and an
seeing a man sleeping with his back towards the door where they were,
simultaneously or successively fired at him with their .32 and .45 caliber
revolvers. Awakened by the gunshots, Irene saw her paramour already wounded, and
looking at the door where the shots came, she saw the defendants still firing
at him. Shocked by the entire scene. Irene fainted; it turned out later that
the person shot and killed was not the notorious criminal Anselmo Balagtas but
a peaceful and innocent citizen named Serapio Tecson, Irene's paramour.
Ø According to Appellant Galanta, when he and chief of police Oanis
arrived at the house, the latter asked Brigida where Irene's room was. Brigida
indicated the place, and upon further inquiry as to the whereabouts of Anselmo
Balagtas, she said that he too was sleeping in the same room.
ISSUE: W/N they may, upon such fact, be
held responsible for the death thus caused to Tecson
HELD:
appellants are hereby declared guilty of murder with the mitigating
circumstance
YES.
Ø ignorantia facti excusat, but this
applies only when the mistake is committed without fault or carelessness
Ø appellants found no circumstances whatsoever which would press them
to immediate action. The person in the room being then asleep, appellants had
ample time and opportunity to ascertain his identity without hazard to
themselves, and could even effect a bloodless arrest if any reasonable effort
to that end had been made, as the victim was unarmed.
Ø "No unnecessary or unreasonable force shall be used in making
an arrest, and the person arrested shall not be subject to any greater
restraint than is necessary for his detention."
Ø a peace officer cannot claim exemption from criminal liability if
he uses unnecessary force or violence in making an arrest
Ø The crime committed by appellants is not merely criminal
negligence, the killing being intentional and not accidental. In criminal
negligence, the injury caused to another should be unintentional, it being
simply the incident of another act performed without malice.
Ø 2 requisites in order that the circumstance may be taken as a justifying
one:
- offender acted in the performance of a duty or in the lawful exercise of a right-present
- injury or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office.-not present
Ø According to article 69 of the Revised Penal Code, the penalty
lower by 1 or 2 degrees than that prescribed by law shall, in such case, be
imposed.
