THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FELIPE DELIMA, defendant-appellant.
G.R. No. L-18660 December 22, 1922
Facts:
Lorenzo Napilon was an escaped convict. When Felipe Delima, a policeman, found him at the house of Jorge Alegria, the escapee was armed with a lance. The policeman demanded his surrender but stroke him with the lance, Delima fired his gun at Lorenzo but missed. Lorenz ran and was chased by Delima. Delima again fired at Napilon, this time he killed the fugitive.
The lower court tried and convicted Delima for homicide.
Issue:
Whether or Not there were justifying circumstance in the killing of Lorenzo.
Held:
Yes. The killing was done in the performance of a duty. Being a fugitive, the deceased was under the obligation to surrender. Art.11, Para 5 of the RPC states:
Art. 11. Justifying circumstances. – The following do not incur any criminal liability:
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5. Any person who acts in the fulfillment of a duty or in the lawful exercise of right or office.