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  • People vs. Oanis, GR No. L-47722, July 27, 1943

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    A policeman was searching for Lorenzo Napilon, who had escaped from jail. When the policeman found Napilon armed with a bamboo lance, Napilon struck at the officer with the weapon. The officer dodged and fired a warning shot, but Napilon fled still armed. As the officer pursued Napilon, he fired again, this time hitting and killing Napilon. The court ruled the killing was justified because the officer was performing his duty, Napilon was obligated to surrender, and Napilon's assault with a weapon compelled the extreme measure taken by the officer.

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    Criminal Law Case Digest, Justifying - Lawful Exercise

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    A policeman was searching for Lorenzo Napilon, who had escaped from jail. When the policeman found Napilon armed with a bamboo lance, Napilon struck at the officer with the weapon. The officer dodged and fired a warning shot, but Napilon fled still armed. As the officer pursued Napilon, he fired again, this time hitting and killing Napilon. The court ruled the killing was justified because the officer was performing his duty, Napilon was obligated to surrender, and Napilon's assault with a weapon compelled the extreme measure taken by the officer.

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    19 views1 page

    People vs. Oanis, GR No. L-47722, July 27, 1943

    Uploaded by

    MPL
    A policeman was searching for Lorenzo Napilon, who had escaped from jail. When the policeman found Napilon armed with a bamboo lance, Napilon struck at the officer with the weapon. The officer dodged and fired a warning shot, but Napilon fled still armed. As the officer pursued Napilon, he fired again, this time hitting and killing Napilon. The court ruled the killing was justified because the officer was performing his duty, Napilon was obligated to surrender, and Napilon's assault with a weapon compelled the extreme measure taken by the officer.

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    © All Rights Reserved
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    of 1

    People Vs. Oanis, GR No.

    L-47722, July 27, 1943

    Facts: Lorenzo Napilon had escaped 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 fired his revolver, but the bullet did not
    hit him. The criminal ran away, without parting with his weapon. These peace officer went
    after him and fired again his revolver, this time hitting and killing him.

    Ruling: 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 proved to be fatal,
    was justified by the circumstances.

    Page 1 of 1

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