Lawren

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 ...

PEOPLE V RICOHERMOSO L – 30527 – 28  | March 29, 1974 | J. Aquino   Avoidance of Greater Evil or Injury    Facts :   Geminiano de Leon, together with his common-law wife, son Marianito de Leon and one Rizal Rosales, chanced upon Pio Ricohermoso. Owning a parcel of land, which Ricohermoso cultivated as kaingin, Geminiano asked about his share of palay harvest and added that she should be allowed to taste the palay harvested from his land. Ricohermoso said Geminiano could collect the palay anytime. Upon returning from his trip to Barrio Bagobasin, Geminiano dropped by Ricohermoso’s house and asked him about the palay, to which the latter answered defiantly that he will not give him the palay, whatever happens. Geminiano remonstrated and that point (as if by prearrangement), Ricohermoso unsheathed his bolo, while his father-in-law Severo Padernal got an axe, and attacked Geminiano. At the same time and place, Ricohermoso’s brother-in-law Juan Padern...