Case Summary (G.R. No. 175039)
Petitioner
The People of the Philippines
Respondents
Antonio Z. Oanis and Alberto Galanta
Key Dates
• December 24, 1938 – Operation and shooting occurred
• July 27, 1943 – Decision rendered
Applicable Law
• 1935 Philippine Constitution (operative at the time)
• Revised Penal Code: Articles 11 (Justifying Circumstances), 12 (Exempting Circumstances), 69 (Mitigation for Incomplete Justification), 235 (Murder)
• Rules of Court, Rule 109 § 2(2) on use of force in arrest
• Relevant jurisprudence (People v. Delima; U.S. v. Ah Chong; People v. Sara; People v. Gona)
Background of the Operation
A telegram from Manila ordered Capt. Monsod in Cabanatuan to apprehend escaped convict Anselmo Balagtas “dead or alive.” Monsod deputized his first sergeant’s men, including Corporal Galanta and P.C. Privates, and summoned Chief of Police Oanis. They were shown the telegram and a newspaper photo of Balagtas and instructed to arrest him or, if overpowered, to follow the “dead or alive” directive.
Events Leading to Tecson’s Death
Oanis, Galanta, and Private Fernandez were sent to locate Irene’s house on Rizal Street. At the yard they questioned Brigida Mallare, who indicated Irene’s room and stated that Balagtas slept there with his paramour. Without further verification, Oanis and Galanta approached the sleeping figure in the room—Serapio Tecson—and simultaneously or successively fired revolver shots (.32 and .45 calibers), killing him.
Conflicting Accounts and Witness Credibility
Appellants testified separately that they announced “If you are Balagtas, stand up” and that the victim either made a hostile movement or was about to sit up before being shot. These versions contradict each other and the neutral testimony of Irene Requinea, who consistently asserted that Tecson lay asleep with his back to the door when he was shot. The trial court—and this Court—found Irene’s demeanor and consistency persuasive, rejecting appellants’ self‐serving discrepancies.
Legal Issue on Mistake of Fact
Appellants claimed an innocent mistake of fact in honestly believing Tecson was Balagtas while performing their official duty, arguing this negates criminal liability or reduces the offense to reckless imprudence.
Analysis of Honest Mistake Doctrine
The Court distinguished this case from U.S. v. Ah Chong, where the accused acted under sudden, unavoidable fear without negligence. Here, Tecson was asleep and unarmed; appellants had ample opportunity to verify identity or effect a bloodless arrest. Their failure to inquire or warn rendered their belief unreasonable and negligent.
Standards for Use of Force in Arrest
Under Rule 109 § 2(2) and People v. Delima, an officer may use force reasonably necessary to overcome resistance or prevent escape but may not employ unnecessary or excessive force when arrest can be effected otherwise. No resistance or immediate threat existed in Tecson’s case; appellants exceeded lawful force.
Classification of the Crime Committed
The intentional discharge of firearms at an unsuspecting, sleeping victim constitutes murder with the qualifying circumstance of alevosia (treachery). The killing was deliberate, not accidental or merely negligent; appellants intended to commit an unlawful act against a person they believed dangerous.
Incomplete Justifying
Case Syllabus (G.R. No. 175039)
Facts
- On December 24, 1938, Capt. Godofredo Monsod, Constabulary Provincial Inspector in Cabanatuan, Nueva Ecija, received a telegram ordering the apprehension of escaped convict Anselmo Balagtas “dead or alive.”
- Monsod summoned Cabanatuan Chief of Police Antonio Z. Oanis, Corporal Alberto Galanta, and three privates, showed them the telegram and a newspaper clipping bearing Balagtas’s photograph, and instructed them to arrest Balagtas and, if overpowered, obey the “dead or alive” directive.
- The inspector formed two groups; Oanis, Galanta, and Private Fernandez proceeded to Rizal Street where Irene (a bailarina) was believed to reside.
- They questioned Brigida Mallare, who pointed out Irene’s room and revealed that Irene slept with her paramour.
- Upon entering the room, Oanis and Galanta saw a man (Serapio Tecson) sleeping with his back to the door and fired upon him with their .32 and .45 revolvers, believing him to be Balagtas.
- Irene Requinea, awakened by gunfire, fainted; it was later determined that the victim was Tecson, an innocent citizen, not Balagtas.
- Both appellants admitted jointly that they had shot the deceased; autopsy by Dr. Ricardo de Castro confirmed fatal wounds from .32 and .45 firearms.
Procedural History
- The Court of First Instance of Nueva Ecija convicted Oanis and Galanta of homicide through reckless imprudence.
- Each was sentenced to an indeterminate term of one year and six months to two years and two months of prision correccional, and ordered to indemnify Tecson’s heirs in the amount of ₱1,000.
- Both defendants appealed separately to the Supreme Court.
Parties’ Contentions
- Appellants argued they acted under an honest mistake of fact,