People vs. Oanis G.R. No.

L-47722 July 27, 1943 Facts: As a group taking the route to Rizal street, Chief of Police Antonio Z. Oanis and his coaccused Corporal Alberto Galanta were under instructions to arrest Anselmo Balagtas, a notorious criminal and escaped convict, and if overpowered, to get him dead or alive. Proceeding to the suspected house, they went into a room and on seeing a man sleeping with his back towards the door, simultaneously fired at him with their .32 and .45 caliber revolvers, without first making any reasonable inquiry as to his identity. The victim turned out to be a peaceful and innocent citizen, Serapio Tecson who upon autopsy, multiple gunshot wounds were found on his body which caused his death. The defendants alleged and appealed that in the honest performance of their official duties, they acted in innocent mistake of fact. Issue: Whether or not Chief of Police Oanis and Corporal Galanta were guilty of murder. Ruling: New Rules of Court, Rule 109, Section 2 paragraph 2 provides,
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.
As the deceased was killed while asleep, the crime committed by both was murder with the qualifying circumstance of alevosia. Even if it were true that the victim was the notorious criminal, the accused would not be justified in killing him while the latter was sleeping. In apprehending even the most notorious criminal, the law does not permit the captor to kill him. It is only when the fugitive from justice is determined to fight the officers of the law who are trying to capture him that killing him would be justified.