People of the Phil. vs.

Decena
G.R. No. 107874, 235 SCRA 67

Tabuena vs. Sandigangayan

August 4, 1994

G.R. No. 103501-03, 268 SCRA 332

Facts:

February 17, 1997

Issue:

Facts:

WON appellant acted in compete self-defense in killing Jaime

Ballesteros thus absolving him from criminal liability.

Issue:
Held:

Held:
The court found George Decena y Rocaberte guilty of homicide and
sentencing him indeterminate of eight years of prison mayor as a
minimum, to a maximum of fourteen years and eight months of
reclusion temporal.

People of the Phil. vs. Delima

L-18660, 46 Phil. 738
December 22, 1922
Facts:

People of the Phil. vs. Beronilla, et al.

No. L-4445
February 28, 1955
Facts:
On April 18, 1945 Adriatico Arsenio Borjal was executed
guilty on a
The accused Manuel Beronilla, Policarpio Paculdo, Filipino
Velasco and Jacinto

The policeman Felipe Delima filed a reversed for the

judgement when he was looking for Lorenzo Napilon who had
escaped from the jail in Jorge Alegorias house. The fugitive
struck the policeman with his lance and the policeman fired his
revolver but at it did not hit the fugitive. The second shot fired
by the policemen when the fugitive was running away killed
Napilon. The policeman was tired and convicted for homicide
and sentences to reclusion temporal and the accessory
penalties. He appeals that it was done in the performance of a
duty.
Issue:

WON the killing was done in the performance of a duty.

G.R. No. 153875, 499 SCRA 64

Held:

August 16, 2006

The court reversed the judgement and acquitted Delima with

costs de oficio for under Article 8, No.11 of the Revised Penal
Code that he did not commit a crime. The killing was done in
performance of a duty. Delima used the resort to such an
extreme means since Napolin was under the obligation to
surrender but committed an assault and disobeyed with a
weapon in his hand.

Facts:
Issue:
Held:

Mamangun vs. People of the Phil.

G.R. No. 149152
People of the Phil. vs. Lagata
L-1940, 83 Phil. 150
March 24, 1949
Facts:
The accused, Ignacio Lagata, a provincial guard of Catbalogan,
Samar, was in charge of 6 prisoners namely Jesus, Tipace, Eusebio,
Mariano, the witness and Epifanio Labong assigned to work in the
capitol plaza of Samar.
Issue:
Held:

People of the Phil. vs. Dagani

February 2, 2007
Facts:
The petitioner seeks for reversal of the decision of the
Sandiganbayan. The petitioner PO2 Rufino Mamangun filed a
petition for review when he was convicted by the Sandiganbayan
with the crime of homicide for firing shots to the suspected robber
Gener Contreras the night when the petitioner along with PO2
Carlito Cruz and PO2 Hobert O. Diaz are responding to a robberyholdup incident at Brgy. Calvario, Meycauayan, Bulacan.
Contreras told them Hindi ako twice but the petitioner fatally shot
Contreras. The petitioner insisted that the shooting was done in
performance of fulfilment of duty or in lawful exercise of a right or
office and that Contreras was about to strike him on the head with a
steel pipe. The petitioner argued that the testimony made by Ayson
was incredible and riddled with inconsistencies.

Issue:
WON the shooting was justified by self-defense.
WON the killing was done in the performance of a duty.
Held:
The court ruled that decision made by the Sandiganbayan is
affirmed and the petition made by Mamangun is denied. Ayson was
afraid that the policemen would detain him and made him not to not
leave his house. Self-defense was absent in this case which was an
essential and primary element of unlawful aggression. Gunshots

made by the petitioner were not needed and there was no rational
necessity for killing Contreras. Moreover, there can only be
incomplete in the absence of a necessary justifying
circumstance that the injury or offense committed was caused
by necessary consequence of due performance of duty.