RUFINO S. MAMANGUN, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 149152, February 2, 2007
FACTS:
The said accused Mamagun, a public officer, duly appointed as such and acting in relation to his office, armed with a gun, with intent to kill and willfully, unlawfully and feloniously, with treachery and abuse of superior strength, attack, assault and shot Contreras with the said gun. Mamagun was walking ahead of the group, fired his handgun once, hitting the man. The man turned out to be Contreras who was not the robbery suspect. Contreras died from the gunshot wound.
ISSUE:
Whether or Not the accused is liable for murder or homicide even though the killing was done in the fulfillment of his duty as a policeman.
RULING:
Yes. Defined and penalized under Article 249, Revised Penal Code, the accused is hereby found guilty beyond reasonable doubt of the crime of homicide.