Sunday, June 24, 2012

People vs. Oanis (Crim1)

The People of the Philippines, plaintiff-appellee, vs. Antonio Z. Oanis and Alberto Galanta, defendant-appellants.

July 27, 1943

Moran, J:

Facts:
  • Chief of Police Antonio Oanis and Corporal Alberto Galanta were instructed by the Constabulary Provincial Inspector to arrest the escaped convict, Anselmo Balagtas, with bailarina named Irene, and if overpowered, to get him dead or alive.
  • Upon arrival at the place where Irene could be found, Oanis approached and asked Brigada Mallare where Irene's room was. Brigada indicated the room and said that Irene was sleeping with her paramour.
  • Oanis and Galanta then went to the room and upon seeing a man sleeping with his back towards the door, they simultaneously fired at him.
  • Shocked by the entire scene, Irene fainted.
  • It turned out later that the man shot and killed was not Balagtas but an innocent man named Serapio Tecson, Irene's paramour.
Issue:
  • Whether or not Oanis and Galanta can be held responsible for Tecson's death.
Held:
  • Yes
Ratio:
  • No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention. A peace officer cannot claim exemption from criminal liability if he uses unnecessary or unreasonable force in making an arrest.
    • Through impatience of desire to take chances, Oanis and Galanta have exceeded in the fulfillment of their duty by killing the person whom they believed to be Balagtas without any resistance from him and without making any previous inquiry as to his identity.

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