Scribd
Upload
204 views1 page

People vs. Delima

Felipe Delima, a policeman, was trying to apprehend Lorenzo Napilon, an escaped prisoner armed with a pointed bamboo lance. When Napilon refused to surrender and struck at Delima with the lance, Delima fired his revolver but missed. As Napilon fled still armed, Delima fired again and killed him. Delima was convicted of homicide but the court reversed the conviction, finding that the killing was justified and in the performance of Delima's duty, as Napilon was obligated to surrender and had no right to resist with a weapon. The court acquitted Delima with no costs.

Uploaded by

Meme Toi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
204 views1 page

People vs. Delima

Felipe Delima, a policeman, was trying to apprehend Lorenzo Napilon, an escaped prisoner armed with a pointed bamboo lance. When Napilon refused to surrender and struck at Delima with the lance, Delima fired his revolver but missed. As Napilon fled still armed, Delima fired again and killed him. Delima was convicted of homicide but the court reversed the conviction, finding that the killing was justified and in the performance of Delima's duty, as Napilon was obligated to surrender and had no right to resist with a weapon. The court acquitted Delima with no costs.

Uploaded by

Meme Toi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

G.R. No.

L-18660 December 22, 1922


THE PEOPLE OF THE PHILIPPINEs
vs.
FELIPE DELIMA, defendant-appellant.

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.
The policeman was tried and convicted for homicide and sentenced to reclusion temporal and the
accessory penalties. He appeals from that judgment which must be reversed.
issue :whether or not Felipe Delima is liable for the death of Lorenzo Napilon
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.
Article 8, No. 11, of the Penal Code being considered, Felipe Delima committed no crime, and
he is hereby acquitted with the costs de oficio. So ordered.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy