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  • People Vs Delim

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    Erwin Dacanay
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    Policeman Felipe Delima found Lorenzo Napilon, who had escaped from jail, armed in another man's house. When Delima demanded Napilon surrender, Napilon attacked with a bamboo lance. Delima dodged and fired his revolver, missing Napilon, who fled. Delima pursued Napilon and fired again, hitting and killing him. Delima was convicted of homicide but the court held that the killing was justified because Delima was performing his duty, Napilon was obligated to surrender, and Napilon's assault with a weapon compelled the extreme measure taken by Delima.

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    1. People vs Delim

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    Policeman Felipe Delima found Lorenzo Napilon, who had escaped from jail, armed in another man's house. When Delima demanded Napilon surrender, Napilon attacked with a bamboo lance. Delima dodged and fired his revolver, missing Napilon, who fled. Delima pursued Napilon and fired again, hitting and killing him. Delima was convicted of homicide but the court held that the killing was justified because Delima was performing his duty, Napilon was obligated to surrender, and Napilon's assault with a weapon compelled the extreme measure taken by Delima.

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    © All Rights Reserved
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    4 views1 page

    People Vs Delim

    Uploaded by

    Erwin Dacanay
    Policeman Felipe Delima found Lorenzo Napilon, who had escaped from jail, armed in another man's house. When Delima demanded Napilon surrender, Napilon attacked with a bamboo lance. Delima dodged and fired his revolver, missing Napilon, who fled. Delima pursued Napilon and fired again, hitting and killing him. Delima was convicted of homicide but the court held that the killing was justified because Delima was performing his duty, Napilon was obligated to surrender, and Napilon's assault with a weapon compelled the extreme measure taken by Delima.

    Copyright:

    © All Rights Reserved
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    of 1

    (People vs. Delima, G.R. No.

    L-18660, December 22, 1922)

    Facts: 

    Lorenzo Napilon escaped from the jail. Some days afterwards, policeman Felipe Delima
    found him in the house of Jorge Alegria, armed with a pointed piece of bamboo in the
    shape of a lance Delima demanded Napilon to surrender but the latter answered with a
    stroke of his lance. Delima dodged, it, and to impose his authority fired his revolver, but the
    bullet did not hit Napilon who ran away without parting with his weapon. Delima went after
    and fired again his revolver, this time hitting and killing Napilon. Delima was tried and
    convicted for homicide and sentenced to reclusion temporal and the accessory penalties. 

    Held: 

    The killing was done in the performance of a duty. The deceased was under the obligation
    to surrender, and had no right, after evading service of his sentence, to commit assault and
    disobedience with a weapon in the hand, which compelled the policeman to resort to such
    an extreme means, which, although it proved to be fatal, was justified by the circumstances. 

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