G.R. No.

L-24978
People vs. de Fernando (March 27, 1926)

Facts:
The accused, de Fernando, was a policeman, was called by the daughter of Remigio Delgado
who stated that her father wished to see him. Remigio Delgado informed him of the presence of three
suspicious looking persons, dressed in blue, prowling around the house. They suspected that these
unknown persons could be convicts who just escaped from the Penal Colony. Later on, the accused saw
someone unknown to him, carrying a bolo, ascend the stairs, calling for a “Nong Miong”. The accused
then fired a shot in the air, and when the person continues going up the stairs, he fired a shot directly at
the latter, who turned out to be the nephew of the owner of the house.

Issue:
Is the appellant (accused) exempt from criminal liability due to mistake of facts?

Held:
Since the appellant, an agent of the law, was given notice of the presence of suspicious-looking
persons prowling around, and saw someone inside the house who was not recognized by anyone and,
despite warnings, still continued advancing, shot and killed the latter. He, then, is not guilty of murder or
homicide. His state of mind at this time was that he was doing his duty of defending the owners of the
house against any unsuspected attacks, as he was given an alarming notice. This constitutes simple
homicide, and not murder. He thought at this time that he was justified in acting as he did, therefore he
cannot be held guilty with malicious intent. Although, he failed to exercise due diligence in not
investigating whether or not the unknown person was what he thought him to be. He then acted with
negligence. The crime he committed, therefore, is homicide through reckless negligence defined and
punished by Article 568, in relation with Article 404 of the Penal Code.