G.R. No. 2288
Date: September 27, 1905
Parties:
Plaintiff-Appellee: The United States
Defendant-Appellant: Felix Garcia
FACTS:
The defendant, Felix Garcia, was charged with the crime of assassination for killing Pedro de la Cruz by shooting him with a gun in the sitio of Danpulan, Jaen, Nueva Ecija. The fatal shot entered the back of the victim’s neck and exited through his right eye. Garcia admitted to the killing. His defense was that he acted pursuant to an oral order given by Lt. David P. Willar of the U.S. Army, who was commanding a detachment in Nueva Ecija. However, Garcia presented no evidence that the order was given directly to him. The evidence indicated that if such an order existed, it was given to Isauro Tobias (who acted as interpreter) and then communicated to Garcia.
ISSUE:
Whether the defendant, Felix Garcia, can be exonerated from criminal liability by invoking obedience to an alleged order from a military officer to kill the victim.
RULING:
No. The Supreme Court affirmed the conviction but modified the crime from assassination to homicide.
1. Illegality of the Alleged Order: The Court held that even if such an order from Lt. Willar was given, it was patently illegal. A citizen has a duty to disobey an unlawful order. Obedience to an illegal command does not justify the criminal act.
2. Crime Committed: The facts did not qualify the killing as assassination (which requires treachery or other specific conditions under Article 403 of the Penal Code). Instead, the act constituted the crime of homicide under Article 404 of the Penal Code.
3. Dispositive: The Court affirmed the sentence imposed by the Court of First Instance of Nueva Ecija, which sentenced Garcia to cadena temporal for 17 years, 4 months, and 1 day, with the corresponding accessories, and ordered him to indemnify the heirs of the deceased. The penalty was within the range prescribed for homicide.