GR 47722; (July, 1943) (Digest)
G.R. No. 47722 ; July 27, 1943
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO Z. OANIS and ALBERTO GALANTA, defendants-appellants.
FACTS
The accused, Antonio Z. Oanis (Chief of Police of Cabanatuan) and Alberto Galanta (Corporal of the Philippine Constabulary), were charged with murder for the killing of Serapio Tecson. They were acting on a telegram from Major Guido instructing them to arrest escaped convict Anselmo Balagtas “dead or alive.” Guided by information that a woman named Irene might be with Balagtas, Oanis and Galanta went to Irene’s house. Upon being shown the room by a woman named Brigida Mallare, and without making any reasonable inquiry as to the identity of the man inside, Oanis and Galanta went to the room, saw a man (Tecson) sleeping with his back to the door, and simultaneously or successively fired at him with their revolvers, killing him. The victim was later discovered not to be Balagtas but Irene’s paramour, Serapio Tecson. The trial court convicted both accused of homicide through reckless imprudence.
ISSUE
Whether the accused may be held criminally liable for the death of Serapio Tecson, given their claim of acting under an honest mistake of fact in the performance of their official duties.
RULING
Yes, the accused are criminally liable. The defense of innocent mistake of fact (ignorantia facti excusat) does not apply because the mistake was committed with fault or carelessness. Unlike in U.S. v. Ah Chong, where the accused had no time for further inquiry and acted under an immediate threat, the appellants here had the opportunity to make a reasonable inquiry into the sleeping man’s identity before shooting him. They found no circumstances necessitating immediate action, as the man was asleep and not in a position to offer resistance. Their failure to exercise due diligence and their rash and precipitate use of deadly force constituted criminal negligence. The trial court’s finding of guilt for homicide through reckless imprudence is sustained, and the penalty imposed is affirmed.