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People Vs Delima (Fulfillment of Duty)

Felipe Delima, a policeman, was searching for Lorenzo Napilon, an escaped prisoner. When Delima found Napilon armed with a pointed bamboo stick, Napilon struck at Delima with it. Delima dodged the attack and fired his revolver in an attempt to impose his authority, but missed. Napilon fled still armed. Delima pursued Napilon and fired again, this time fatally shooting Napilon. Delima was convicted of homicide but appealed. The court reversed the conviction, finding that Delima's actions were justified given that Napilon refused to surrender and responded with armed resistance, compelling Delima to use lethal force in the performance of his duty. Delima was acquitted of all charges.

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2K views1 page

People Vs Delima (Fulfillment of Duty)

Felipe Delima, a policeman, was searching for Lorenzo Napilon, an escaped prisoner. When Delima found Napilon armed with a pointed bamboo stick, Napilon struck at Delima with it. Delima dodged the attack and fired his revolver in an attempt to impose his authority, but missed. Napilon fled still armed. Delima pursued Napilon and fired again, this time fatally shooting Napilon. Delima was convicted of homicide but appealed. The court reversed the conviction, finding that Delima's actions were justified given that Napilon refused to surrender and responded with armed resistance, compelling Delima to use lethal force in the performance of his duty. Delima was acquitted of all charges.

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abby
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G.R. No.

L-18660 December 22, 1922 disobedience with a weapon in the hand, which compelled the
policeman to resort to such an extreme means
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, o although it proved to be fatal, was justified by the
vs. circumstances.
FELIPE DELIMA, defendant-appellant.  Article 8, No. 11, of the Penal Code being considered, Felipe
Delima committed no crime.
ROMUALDEZ, J.:  He is hereby acquitted with the costs de oficio. So ordered.

FACTS

 Lorenzo Napilon had escaped from the jail where he was serving
sentence.
 Some days afterwards the policeman Felipe Delima, who was
looking for Lorenzo, found him in the house of Jorge Alegria
o armed with a pointed piece of bamboo in the shape of a
lance, and demanded his surrender
o 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

 WON the act committed by policeman Felipe Delima was done in


performance of duty.

HELD/RULING

 YES. 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

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