People v.

Oanis (1943)

Summary of Proceedings:
Court of First Instance- defendants charged with murder of Serapio Tecson and found guilty
of homicide through reckless imprudence

Facts:
December 24 1938, afternoon: Appellants Corporal Alberto Galanta and Chief of
Police/Provincial Inspector Oanis were instructed to arrest escaped convict Anselmo
Balagtas, and if overpowered, to get him dead or alive. Proceeding to the suspected house,
appellants went into a room and on seeing a man sleeping with his back towards the door,
simultaneously or successively fired at him without first making any reasonable inquiry as to
his identity.

Issue: WON appellants acted in innocent mistake of fact in the honest performance of their
official duties and therefore do not incur criminal liability- NO
Ratio:
Appellants cannot claim mistake of fact because they had found no circumstances
which would press them to immediate action. Further, they are not justified in using
unnecessary force when the arrest could be effected otherwise. Where an unlawful
fact is willfully done, a mistake in the identity of the intended victim is not reckless
imprudence.

Held:
Judgment modified. Appellants found guilty of murder (with the qualifying circumstance
of treachery) and mitigating circumstance consisting of the incomplete justifying
circumstance defined in Art. 11, No. 5 of RPC. The appellants had acted in the
performance of a duty, but the injury committed is not the necessary consequence of a
due performance of their duty