CASE DIGEST

PEOPLE V. FERNANDO DE FERNANDO

FACTS:

• Before the day of the crime, several Moro prisoners have escaped from the Penal Colony of San
Ramon, Zamboanga.
• The accused Fernando de Fernando who is a municipal policeman was passing in front of the
residence of Remigio Delgado.
• The daughter of Remigio Delgado, Paciencia Delgado called Fernando as told him that his
father wanted to talk to him.
• At about 7 o'clock in the evening a person who was dressed in dark clothes is approaching the
house while calling “Nong Miong”.
• Fernando asked the person what he wanted but instead of answering he continued advancing
while holding a bolo in his hand.
• Fernando took his revolver and fired a shot in the air.
• When he saw the person ascend the stairs he fired a shot at him.
• The unknown person went to the neigbor's house dropped his bolo and died and it turns out to
be Buenaventura Paulino.
• The accused was held guity of the crime murder by the Court of First Instance of Zamboanga
and sentenced to suffer the penalty of 20 years cadena temporal and to indemnify the heirs of
the deceased Buenaventura Paulino in the sum of P1,000.

The accused filed an appeal and assigns the following issues:

1. Whether or not the COFI erred in holding that the acts committed by the accused constituted the
crime of muder.
2. Whether or not the COFI erred in not holding that the accused was exempt from criminal
liability and in not acquitting him.

RULING:

1. Yes. Taking into consideration the state of mind of the accused where he felt that he was
performing his duty in defending the owners of the house against an unexpected attack and
shooting Buenventura Paulino cannot constitute the crime of muder but only homicide.
2. No. He cannot be exempted from criminal liability because he failed to exercise the ordinary
diligence which he should have by investigating the unknown man was really what he thought
him to be. In firing the shot, without first exercising the reasonable diligence he acted with
reckless negligence.

The accused is held guilty of the crime of homicide through reckless negligence and he is sentenced to
suffer one year prision correcional and to indemnify the heirs of the deceased in the amount of P500 to
the heirs of the deceased as indemnity.