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    People V Oanis

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    Marie Claire T. Inductivo
    Chief of Police Antonio Z. Oanis and Corporal Alberto Galanta were instructed to arrest a wanted criminal named Balagtas. Upon entering a room where a man was sleeping, they simultaneously fired their revolvers at the man without identifying him first. The victim turned out to be an innocent man named Serapio Tecson, not Balagtas. The court ruled that both accused were guilty of murder, as they had time and opportunity to identify the man without risk before firing, and were instructed to arrest Balagtas, not kill him on sight. Lack of intent to kill the specific victim does not absolve them of criminal responsibility.

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    People V Oanis

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    Marie Claire T. Inductivo
    17 views1 page
    Chief of Police Antonio Z. Oanis and Corporal Alberto Galanta were instructed to arrest a wanted criminal named Balagtas. Upon entering a room where a man was sleeping, they simultaneously fired their revolvers at the man without identifying him first. The victim turned out to be an innocent man named Serapio Tecson, not Balagtas. The court ruled that both accused were guilty of murder, as they had time and opportunity to identify the man without risk before firing, and were instructed to arrest Balagtas, not kill him on sight. Lack of intent to kill the specific victim does not absolve them of criminal responsibility.

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    People v Oanis

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    Chief of Police Antonio Z. Oanis and Corporal Alberto Galanta were instructed to arrest a wanted criminal named Balagtas. Upon entering a room where a man was sleeping, they simultaneously fired their revolvers at the man without identifying him first. The victim turned out to be an innocent man named Serapio Tecson, not Balagtas. The court ruled that both accused were guilty of murder, as they had time and opportunity to identify the man without risk before firing, and were instructed to arrest Balagtas, not kill him on sight. Lack of intent to kill the specific victim does not absolve them of criminal responsibility.

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

    People V Oanis

    Uploaded by

    Marie Claire T. Inductivo
    Chief of Police Antonio Z. Oanis and Corporal Alberto Galanta were instructed to arrest a wanted criminal named Balagtas. Upon entering a room where a man was sleeping, they simultaneously fired their revolvers at the man without identifying him first. The victim turned out to be an innocent man named Serapio Tecson, not Balagtas. The court ruled that both accused were guilty of murder, as they had time and opportunity to identify the man without risk before firing, and were instructed to arrest Balagtas, not kill him on sight. Lack of intent to kill the specific victim does not absolve them of criminal responsibility.

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    © All Rights Reserved
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    THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

    vs.
    ANTONIO Z. OANIS and ALBERTO GALANTA, defendants-appellants.

    Antonio Z. Oanis in his own behalf.


    Maximo L. Valenzuela for appellant Galanta.
    Acting Solicitor-General Ibañez and Assistant Attorney Torres for appellee

    GR. NO. L-47722, July 27, 1943

    MORAN, J:

    Facts: Chief of Police Antonio Z. Oanis and his co – accused Corporal Alberto Galanta, Chief of
    Police of Cabanatuan were under instructions (December 24, 1938, in the afternoon) to arrest one
    Balagtas, a notorious criminal and escaped convict, and if overpowered, to get him dead or alive.
    Proceeding to the suspected house, they went into a room and on seeing a man sleeping with his
    back towards the door, simultaneously fired at him with their revolvers, without first making any
    reasonable inquiry as to his identity. The victim turned out to be an innocent man, Serapio
    Tecson, and not the wanted criminal.

    Issues: Whether or not both accused will be relieved from the criminal responsibility of killing
    the deceased.

    Ruling: No. Both accused are guilty of murder. In the Oanis case, the accused found no
    circumstances whatever would press them to immediate action. The person in the room being
    then asleep, the accused had ample time and opportunity to ascertain his identity without hazard
    to themselves, and could even effect a bloodless arrest if any reasonable effort to the end had
    been made, as the victim unarmed. This, indeed, is the only legitimate course of action for the
    accused to follow even if the victim was really Balagtas, as they were instructed not to kill
    Balagtas at sight, but to arrest, and to get him dead or alive only if resistance or aggression is
    offered by him. Lack of intent to kill the deceased, because his intention is to kill another, does
    not relieve the accused from criminal responsibility.

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