THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

ANTONIO Z. OANIS and ALBERTO GALANTA, defendants-appellants.

G.R No. L 47722; July 27, 1943

Ponente: Moran, J.:

Facts:

Chief of Police Antonio Oanis and Corporal Alberto Galanta were instructed by the Constabulary

Provincial Inspector to arrest Anselmo Balagtas who was with bailarina (dancer) named Irene. He was a

notorious criminal and an escaped convict, and, if overpowered had instructions to get him dead or

alive. Upon arrival at the house where Irene could be found, Oanis approached Brigada Mallare and

asked her where Irenes room was. Brigada indicated the room and said Irene is sleeping with his

paramour. Oanis and Galanta went to Irenes room and seeing a man sleeping with his back towards the

door, they simultaneously fired at him with their .32 and .45 caliber revolvers. Shocked by the entire

scene, Irene fainted. It turned out later that the person shot and killed was not Balagtas but an innocent

man named Serapio Tecson, Irenes paramour.

Issue:

Whether or not the defendants are criminally liable for the death of Serapio Tecson.

Held:

Yes. Oanis and Galanta are liable for the crime of murder. The maxim of ignorantia facti excusat applies

only when the mistake is committed without fault or carelessness (States vs. Ah Chong (15 Phil 488).

Defendants have exceeded 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.

Furthermore, they were instructed not to kill Balagtas at sight, but to arrest him and get him dead or

alive only if resistance or aggression is offered by him.