People vs. Oanis July 27, 1943 (74 Phil 257)

A person incurs no criminal liability when he acts in the fulfillment of a duty or in the lawful exercise of a right or office. There are 2 requisites to justify this: 

(1) the offender acted in the perfomance of a duty or in the lawful exercise of a right or office, 

(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.

 People vs. Oanis

July 27, 1943 (74 Phil 257)

PARTIES:

Plaintiff and appellee: People of the Philippines

Defendants and appellant: Antonio Oanis, Alberto Galanta

FACTS:

Antonio Oanis and Alberto Galanta were instructed to arrest a notorious criminal and escaped convict, Anselmo Balagtas, and if overpowered, to get him dead or alive. They went to the suspected house then proceeded to the room where they saw the supposedly Balagtas sleeping with his back towards the door. Oanis and Galanta simultaneously or successively fired at him which resulted to the victim’s death. The supposedly Balagtas turned out to be Serepio Tecson, an innocent man.

ISSUE:

1. WON Oanis and Galanta incur no liability due to innocent mistake of fact in the honest performance of their official duties.

2. WON Oanis and Galanta incur no criminal liability in the performance of their duty.

HELD:

1. No. Innocent mistake of fact does not apply to the case at bar. “Ignorance facti excusat” applies only when the mistake is committed without fault or carelessness. The fact that the supposedly suspect was sleeping, Oanis and Galanta could have checked whether it is the real Balagtas.

2. No. Oanis and Galanta are criminally liable. A person incurs no criminal liability when he acts in the fulfillment of a duty or in the lawful exercise of a right or office. There are 2 requisites to justify this: (1) the offender acted in the perfomance of a duty or in the lawful exercise of a right or office, (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.

 

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