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MAMERTO MISSION v. VICENTE S. DEL ROSARIO

This case has been cited 1 times or more.

2001-11-16
DE LEON, JR., J.
In the present case, the decedent was repairing a service vehicle when he was killed. We have tried to view it from all possible angles, but the inescapable conclusion is that he was not performing acts that are "basically police service in character." As a policeman, SPO1 Tancinco is part of "an organized civil force for maintaining order, preventing and detecting crimes, and enforcing the laws xxx".[14] Based on these parameters, it cannot be said that the deceased was discharging official functions; if anything, repairing a service vehicle is only incidental to his job.