G.R. No.

L-47722 July 27, 1943

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ANTONIO Z. OANIS and ALBERTO GALANTA, defendants-appellants.
MORAN, J.:
Facts:
Chief of Police Antonio Oanis and Corporal Alberto Galanta were instructed by the Constabulary Provincial
Inspector to arrest the escaped convict, Anselmo Balagtas, with bailarina named Irene, and if
overpowered, to get him dead or alive.
Upon arrival at the place where Irene could be found, Oanis approached and asked Brigada Mallare where
Irene's room was. Brigada indicated the room and said that Irene was sleeping with her paramour.
Oanis and Galanta then went to the room and upon seeing a man sleeping with his back towards the
door, they simultaneously fired at him.
Shocked by the entire scene, Irene fainted.
It turned out later that the man shot and killed was not Balagtas but an innocent man named Serapio
Tecson, Irene's paramour.
Issue:
Whether or not Oanis and Galanta can be held responsible for Tecson's death.
Held:
Yes
Ratio:
No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not
be subject to any greater restraint than is necessary for his detention. A peace officer cannot claim
exemption from criminal liability if he uses unnecessary or unreasonable force in making an arrest.
o Through impatience of desire to take chances, Oanis and Galanta have exceeded in the
fulfillment of their duty by killing the person whom they believed to be Balagtas without any
resistance from him and without making any previous inquiry as to his identity