OANIS Facts: Chief of Police Oanis and his co-accused Corporal Galanta were under instructions to arrest one

Balagtas, a notorious criminal and escaped convict, and if overpowered to get him dead or alive. Proceeding to the suspected house, they went into a room and on seeing a man sleeping with his back towards the door, simultaneously fired at him with their revolvers, without first making any reasonable inquiry as to his identity. The victim turned out to be an innocent man, Tecson, and not the wanted criminal. Held: both accused are guilty of murder. Even if it were true that the victim was the criminal, it was not justified to kill the person while he was sleeping. Only when the fugitive is determined to fight the officers is the killing justified.