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Calderon vs. People

SAMSON VILORIA CALDERON, Petitioner, v. PEOPLE OF THE PHILIPPINES and the THE HONORABLE COURT OF APPEALS, Respondents. Col. Fred Ruiz Castro, Capt. Eleuterio S. Abiad and Capt. Juan G. Esguerra for Petitioner. Assistant Solicitor General Francisco Carreon and Solicitor Jesus A. Avanceña for Respondents.

G.R. No. L-6189 | 1954-11-29

EN BANC
 
SYLLABUS

1. CRIMINAL LAW; PUBLIC OFFICERS; PERFORMANCE OF DUTY. — The judgment and discretion of public officer, in the performance of their duties, must be exercised neither capriciously nor oppressively, but within reasonable limits. In the absence of a clear legal provision to the contrary, they must act in conformity with the dictates of a sound discretion, and with the spirit and purpose of the law. This is specially true in the case of members of the armed forces, whose main duty is to defend the state, and consequently, the people who, in a democratic society like ours, are the repository of sovereignty. Such duty...