People of the Philippines

Vs.
Fernando de Fernando
Facts:
The accused Fernando de Fernando was a policeman. He was informed that three convicts had escaped.
In the dark, he saw a person going up the stairs of a house, carrying a bolo and calling for someone
inside. The daughter of the house was at the same time with the accused that fired a shot in the air. As
the unknown person continued to ascend the stairs and believing that he was one of the escaped
prisoners, Fernando fired directly at the man who turned out to be the nephew of the owner of the
house.
Issue:
Whether or not the accused can make use of mistake of fact as defense in his criminal liability?
Rulings:
No. In the case at bar, the defendant cannot make use of mistake of fact in his defense. He is guilty of
homicide through reckless negligence. The victim called someone in the house. That fact indicated that
he was known to the owner of the house. The accused should have inquired from the daughter of the
owner of the house as to who the unknown person might be.