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    Plaintiff-Appellee Vs Vs Defendant-Appellant Tancinco & Rosales Attorney-General Villa-Real

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    Adrian
    A policeman found a fugitive from jail armed with a pointed piece of bamboo. When the policeman demanded his surrender, the fugitive attacked him with the bamboo but missed. The fugitive then ran away still armed. The policeman pursued him and shot him, killing him. The policeman was convicted of homicide but appealed. The court reversed the conviction, finding that the killing was done in the performance of the policeman's duty, as the fugitive was obligated to surrender and instead attacked the officer with a weapon. Under the applicable law, the policeman committed no crime and was acquitted.

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    Plaintiff-Appellee Vs Vs Defendant-Appellant Tancinco & Rosales Attorney-General Villa-Real

    Uploaded by

    Adrian
    15 views1 page
    A policeman found a fugitive from jail armed with a pointed piece of bamboo. When the policeman demanded his surrender, the fugitive attacked him with the bamboo but missed. The fugitive then ran away still armed. The policeman pursued him and shot him, killing him. The policeman was convicted of homicide but appealed. The court reversed the conviction, finding that the killing was done in the performance of the policeman's duty, as the fugitive was obligated to surrender and instead attacked the officer with a weapon. Under the applicable law, the policeman committed no crime and was acquitted.

    Original Title

    11. People_v._Delima20180403-1159-150ixgv

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    A policeman found a fugitive from jail armed with a pointed piece of bamboo. When the policeman demanded his surrender, the fugitive attacked him with the bamboo but missed. The fugitive then ran away still armed. The policeman pursued him and shot him, killing him. The policeman was convicted of homicide but appealed. The court reversed the conviction, finding that the killing was done in the performance of the policeman's duty, as the fugitive was obligated to surrender and instead attacked the officer with a weapon. Under the applicable law, the policeman committed no crime and was acquitted.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views1 page

    Plaintiff-Appellee Vs Vs Defendant-Appellant Tancinco & Rosales Attorney-General Villa-Real

    Uploaded by

    Adrian
    A policeman found a fugitive from jail armed with a pointed piece of bamboo. When the policeman demanded his surrender, the fugitive attacked him with the bamboo but missed. The fugitive then ran away still armed. The policeman pursued him and shot him, killing him. The policeman was convicted of homicide but appealed. The court reversed the conviction, finding that the killing was done in the performance of the policeman's duty, as the fugitive was obligated to surrender and instead attacked the officer with a weapon. Under the applicable law, the policeman committed no crime and was acquitted.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    FIRST DIVISION

    [G.R. No. L-18660. December 22, 1922.]

    ISLANDS plaintiff-appellee, vs .
    THE PEOPLE OF THE PHILIPPINE ISLANDS,
    DELIMA defendant-appellant.
    FELIPE DELIMA,

    Tancinco & Rosales for the appellant.


    Attorney-General Villa-Real for appellee.

    SYLLABUS

    1. CRIMINAL LAW; HOMICIDE; PERFORMANCE OF A DUTY. — A policeman


    nds a fugitive from jail and demands his surrender. The latter, instead of doing so,
    attacks the policeman with a piece of bamboo, pointed does not hit him. The criminal
    runs away without parting with his weapon. The policeman goes after him and again
    res against him, this time hitting and killing him. Held: That the policeman did not
    commit any crime, that the killing was done in the performance of a duty, and, therefore,
    under article 8, No. 11, of the Penal Code, he must be acquitted.

    DECISION

    ROMUALDEZ J :
    ROMUALDEZ, p

    Lorenzo Napilon had escapes from the jail where he was serving sentence.

    Some days afterwards the policeman Felipe Delima, who was looking for him,
    found him in the house of Jorge Alegria, armed with a pointed piece of bamboo in the
    shape of a lance, and demanded his surrender. The fugitive answered with a stroke of
    his lance. The policeman dodged it and to impose his authority red his revolver, but
    the bullet did not hit him. The criminal ran away, without parting with his weapon. The
    peace officer went after him and fired again his revolver, this time hitting and killing him.
    The policeman was tried and convicted for homicide and sentenced to reclusion
    temporal and the accessory penalties. He appeals from that judgment which must be
    reversed.
    That killing was done in the performance of a duty. The deceased was under the
    obligation to surrender, and had no right, after evading service of his sentence, to
    commit assault and disobedience with a weapon in the hand, which compelled the
    policeman to resort to such an extreme means, which although it prove to be fatal, was
    justified by the circumstances.
    Article 8, No. 11, of the Penal code being considered, Felipe Delima committed
    no crime, and he is hereby acquitted with the costs de oficio. So ordered.
    Araullo, C.J., Street, Malcolm, Avanceña, Villamor, Ostrand, and Johns, JJ., concur.

    CD Technologies Asia, Inc. © 2018 cdasiaonline.com

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