1) Rodrigo Dasig was accused of murdering a police officer named Redempto Manatad during an encounter between police and suspected NPA rebels in 1987.
2) Dasig confessed that he was a member of the NPA's "sparrow unit", which carried out killings to further the goal of overthrowing the government.
3) The court found Dasig guilty of the crime of rebellion rather than murder, as the killing was committed in furtherance of the rebel group's goal of overthrowing the government, and was therefore absorbed into the single crime of rebellion.
1) Rodrigo Dasig was accused of murdering a police officer named Redempto Manatad during an encounter between police and suspected NPA rebels in 1987.
2) Dasig confessed that he was a member of the NPA's "sparrow unit", which carried out killings to further the goal of overthrowing the government.
3) The court found Dasig guilty of the crime of rebellion rather than murder, as the killing was committed in furtherance of the rebel group's goal of overthrowing the government, and was therefore absorbed into the single crime of rebellion.
1) Rodrigo Dasig was accused of murdering a police officer named Redempto Manatad during an encounter between police and suspected NPA rebels in 1987.
2) Dasig confessed that he was a member of the NPA's "sparrow unit", which carried out killings to further the goal of overthrowing the government.
3) The court found Dasig guilty of the crime of rebellion rather than murder, as the killing was committed in furtherance of the rebel group's goal of overthrowing the government, and was therefore absorbed into the single crime of rebellion.
1) Rodrigo Dasig was accused of murdering a police officer named Redempto Manatad during an encounter between police and suspected NPA rebels in 1987.
2) Dasig confessed that he was a member of the NPA's "sparrow unit", which carried out killings to further the goal of overthrowing the government.
3) The court found Dasig guilty of the crime of rebellion rather than murder, as the killing was committed in furtherance of the rebel group's goal of overthrowing the government, and was therefore absorbed into the single crime of rebellion.
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Topic Rebellion / Insurrection
Case No. GR No. 100231
Case Name People v. Rodrigo Dasig (1993) Ponente Nocon, J.
RELEVANT FACTS
On August 4, 1987, Redempto Manatad, Ninah Tizon, and Rene Catamora were tasked to assist in the manning of the traffic at MN Briones and Bonifacio Streets in Mandaue City. At about 4PM, Catamora noticed that 8 persons were acting suspiciously and he noticed one of them giving instructions to the two other men to approach Manatad. Catamora followed them but sensing that they were being followed, the two men proceeded in the middle of the road and engaged Catamora in a gun battle. Catamora heard gun shots from the other group of men and saw Manatad sprawled on the ground and died. The suspects thereafter commandeered a vehicle and fled from the scene of the shooting. On August 16, 1987, two teams of police officers went on a surveillance to the suspected safehouse of the members of the sparrow unit in Peace Valley, Cebu City. The police saw Edwin Nunez and Rodrigo Dasig. The two tried to escape but were eventually captured. Dasig was shot and was brought to the hospital. While at the hospital, Dasig was interrogated by Ariston Ira of the PC Criminal Investigation Service. Dasig was assisted by Atty. Fortunato Parawan of the Creer Law Office. Dasig confessed that he and Nunez were members of the sparrow unit of the NPA and this extrajudicial confession was signed by Dasig. While trial was ongoing, Nunez died. The RTC convicted Dasig of Murder with Direct Assault. On appeal, Dasig contended the following: o The procedure by which his extrajudicial confession was taken was legally defective and contrary to his Constitutional rights to which the court ruled that based on the facts and testimonies of witnesses, his confession was legally obtained; and o He should be charged of rebellion instead of murder with direct assault.
ISSUE
● W/N Dasig should be convicted of rebellion instead of murder with direct assault
RATIO DECIDENDI W/N Dasig should be Yes. convicted of rebellion The crime of rebellion consists of many acts. It is a vast instead of murder with movement of men and a complex net of intrigues and direct assault plots. Acts committed in furtherance of rebellion through crimes in themselves are deemed absorbed in one single crime of rebellion. The act of killing a police officer, knowing too well that the victim is a person in authority, is a mere component or ingredient of rebellion. It cannot be a basis of a separate charge. The sparrow unit is the liquidation squad of the NPA with the objective of overthrowing the duly constituted government. RULING
Wherefore, accused Rodrigo Dasig is found guilty of participating in an act of rebellion beyond reasonable doubt and is hereby sentenced to suffer the penalty of imprisonment of 8 years of prision mayor and to pay the heirs of Manatad P50,000 as civil indemnity.
Notes: 1. The Indeterminate Sentence Law is not applicable to persons convicted of rebellion. 2. Art. 135 of the RPC imposes a penalty of prision mayor and a fine of P20,000 to any person who promotes, maintains, or heads a rebellion. But there is no evidence that Dasig headed the group. He just merely participated in the act or executed a command of an unknown leader. Hence, the penalty is only 8 years of prision mayor.
