PP vs. Oanis GR no. L-47722 july 27, 1943FACTS: Captain Godofredo Monsod, Constabulary Provincial Inspector at Cabanatuan, Nueva Ecija instructed chief of police Antonio Z. Oanis and Corporal Alberto Galanta to arrest the escaped convict Anselmo Balagtas, with bailarina and Irene in Cabanatuan , and if overpowered to get him dead or alive. When the group arrived at Irene's house , Oanis approached one Brigida Mallare, and asked her where Irene's room was. Brigida indicated the place and upon further inquiry also said that Irene was sleeping with her paramour. Defendants Oanis and Galanta then went to the room of Irene and seeing a man sleeping with his back towards the door where they simultaneously fired at him with their caliber revolvers. Shocked by the scene, Irene fainted. It turned out later that the person shot and killed was not the notorious criminal Anselmo Balagtas but a peaceful and innocent citizen named Serapio Tecson.ISSUE: Whether or not they may, upon such fact, be held responsible for the death thus caused to Tecson.HELD: Both accused are guilty of murder. According to Article 11, no. 5 of the Revised Penal Code, that " a person incurs no criminal liability when he acts in the fulfillment of a duty or in the exercise of a right or office. The circumstance may be taken as justifying one if : a.) that the offender acted in the performance of a duty or in the lawful exercise of a right; and b.) that the injury or offense committed be the necessary consequence of the due performance of such right or office. Only the first requisite is present in which the appellants have acted in the performance of duty.Their duty was to arrest Balagtas or to get him dead or alive if resistance if offered by him and they are overpowered. But through impatience , they have exceeded in the fulfillment of such duty by killing the person whom they believed to be Balagtas without resistance or any previous inquiry as to his identity.