Facts: 

Lorenzo Napilon escaped from the jail. Some days afterwards, policeman Felipe Delima found him in the house of Jorge Alegria, armed with a pointed piece of bamboo in the shape of a lance Delima demanded Napilon to surrender but the latter answered with a stroke of his lance. Delima dodged, it, and to impose his authority fired his revolver, but the bullet did not hit Napilon who ran away without parting with his weapon. Delima went after and fired again his revolver, this time hitting and killing Napilon. Delima was tried and convicted for homicide and sentenced to reclusion temporal and the accessory penalties. 

Held: 

The 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. (People vs. Delima, G.R. No. L-18660, December 22, 1922)