- When the appellants arrived at the room occupied by Irene, they found a
man sleeping with his back towards the door. Without inquiring as to the
man’s identity, the appellants simultaneously fired at him with their .32 and .45
caliber revolvers.
- It turned out later that the man was a peaceful and innocent man, Serapio
Tecson.
- Such facts were corroborated with evidence and the testimony of Irene. It is
to be noted that the Court did not consider the testimonies of the appellants
as they are materially contradictory.
- The appellants, although admitting to shooting Tecson, claimed that they shall
incur no liability as they acted in innocent mistake of fact in the honest
performance of their official duties (ignoratia facti excusat) - believing that
Tecson was Balagtas.
Issue:
1. W/N mistake of fact can be claimed as a valid defense
Held:
1. The circumstances of this case cannot claim mistake of fact as a valid excuse.
Ignoratia factis excusat (without fault or carelessness) applies only if:
a. They had no opportunity to make a further inquiry
b. Being pressed by circumstances to act immediately, had to take the
facts as they appear to him
c. Such facts justified the killing
At the case at bar, the man was sleeping and the appellants have ample
time and opportunity to make a bloodless arrest. Further, the use of
unnecessary force is not justified in this case because the man offered no
resistance.
The Court also believes that the it is with malice that the deceased was killed,
although directed at the wrong person. As such, it cannot be considered as
reckless imprudence.
Mitigating circumstance that appellants acted in the performance of their
duty is however considered.
Ruling
1. The defendants are guilty of murder with mitigating circumstances
Relevant Laws
RPC Art 3