People vs.

Dagani
G.R. No. 153875. Aug. 16, 2006
Austria-Martinez, J.
Facts:
Afternoon of September 11, 1989, The apellants, Rolando Dagani and Otello
Santiano, who were security officers at the PNR and whose covered by the Civil
Service Rules and Regulations, entered the canteen and approached the group of
Ernesto Javier, Lincoln Miran and two other individuals who had had been drinking
at the canteen located inside the compound of the PNR along C.M. Recto Ave.,
Tondo, Manila. Apellant Dagani forcefuly pushed Miran causing him to fall from his
chair, Dagani also held Javier while Santiano shot Javier at his left side, killing the
latter
Santiano heard the gunfire so he immediately went to where the fire had
been shot. There he saw Dagani and Javier grappling for the .22 caliber gun.
Santiano responded by firing a warning shot. He heard Javiers gunfire so he decided
to rush into the canteen. Santiano shot Javier.The appellants alleged that Dagani
approached Javier who had been drinking a bottle of beer. Javier then pulled out .22
caliber revolver and attempted to fire at Dagani and fired but Dagani was able to
dodge it.
Issue:
Whether or not the crime committed can fall in justifying circumstances of
Article 11 of the Revised Penal Code on the ground that the accused gad acted in
the fulfillment of a duty.
Held:

People vs. Dagani

G.R. No. 153875. Aug. 16, 2006
Austria-Martinez, J.
Facts:
Afternoon of September 11, 1989, situated in canteen located inside the
compound of the PNR along C.M. Recto Ave., Tondo, Manila, the apellants, Rolando
Dagani and Otello Santiano, who were security officers at the PNR and whose
covered by the Civil Service Rules and Regulations, entered the canteen and
approached the group of Ernesto Javier, Lincoln Miran and two other individuals who
had had been drinking at the Apellant Dagani forcefully pushed Miran causing him
to fall from his chair, Dagani also held Javier while Santiano shot Javier at his left
side, killing the latter.
It was alleged by the appellants that Dagani approached Javier who had been
drinking a bottle of beer. Javier pulled out .22 caliber revolver and attempted to fire
at Dagani but he was able to dodge it. Santiano heard the gunfire so he
immediately went to where the fire had been shot. He saw Dagani and Javier
tackling for the .22 caliber gun. Santiano responded by firing a warning shot. He
heard Javiers gunfire so he decided to rush into the canteen. It was later found out
that Santiano shot Javier.
Issue:
Whether or not the crime committed can fall in justifying circumstances of
Article 11 of the Revised Penal Code on the ground that the accused gad acted in
the fulfillment of a duty.
Held:

People vs. Dagani

G.R. No. 153875. Aug. 16, 2006
Austria-Martinez, J.
Facts:
Afternoon of September 11, 1989, The apellants, Rolando Dagani and Otello
Santiano, who were security officers at the PNR and whose covered by the Civil
Service Rules and Regulations, entered the canteen located inside the compound of
the PNR along C.M. Recto Ave., Tondo, Manila and approached the group of Ernesto
Javier, Lincoln Miran and two other individuals who had had been drinking at the
said location. Apellant Dagani pushed Miran causing him to fall from his chair, and
held Javier while Santiano shot Javier at his left side that caused him death.
Santiano heard the gunfire so he immediately went to where the fire had
been shot. He saw Dagani and Javier grappling for the .22 caliber gun. Santiano
responded by firing a warning shot. Santiano shot Javier.The appellants alleged that
Dagani approached Javier who had been drinking a bottle of beer. Javier then pulled
out .22 caliber revolver and attempted to fire at Dagani and fired but Dagani was
able to dodge it was later found out that it wa Javiers gunfire that led Santiano to
rush into the canteen.
Issue:

Whether or not the crime committed can fall in justifying circumstances of

Article 11 of the Revised Penal Code on the ground that the accused gad acted in
the fulfillment of a duty.
Held:

People vs. Dagani

G.R. No. 153875. Aug. 16, 2006
Austria-Martinez, J.
Facts:
Afternoon of September 11, 1989, The apellants, Rolando Dagani and Otello
Santiano, approached the group of Ernesto Javier, Lincoln Miran and two other
individuals who had had been drinking at the canteen located inside the compound
of the PNR along C.M. Recto Ave., Tondo, Manila. Apellant Dagani forcefuly pushed
Miran causing him to fall from his chair, Dagani also held Javier while Santiano shot
Javier at his left side, that caused him death. The apellants were security officers at

the PNR and whose covered by the Civil Service Rules and Regulations, entered the
canteen and
Santiano heard the gunfire so he immediately went to where the fire had
been shot. There he saw Dagani and Javier grappling for the .22 caliber gun.
Santiano responded by firing a warning shot. He heard Javiers gunfire so he decided
to rush into the canteen. Santiano shot Javier.The appellants alleged that Dagani
approached Javier who had been drinking a bottle of beer. Javier then pulled out .22
caliber revolver and attempted to fire at Dagani and fired but Dagani was able to
dodge
Issue:
Whether or not the crime committed can fall in justifying circumstances of
Article 11 of the Revised Penal Code on the ground that the accused gad acted in
the fulfillment of a duty.
Held: