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    Unique Offense and Offenders - Crim Law - Rape

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    Michaela Balaweg
    The document summarizes a legal case involving the death of a man named Bernard at a police station. A police officer named Roman Manalili got into a heated altercation with Bernard after two reporters went to the police station to report an incident at a gay bar. During the altercation, Roman hit Bernard with his pistol and slammed his head on the ground, causing injuries that led to Bernard's death. Roman claimed self-defense, but voice recordings and autopsy reports supported the testimony of one of the reporters. Both the trial court and Supreme Court found Roman guilty of homicide.

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    Unique Offense and Offenders - Crim Law - Rape

    Uploaded by

    Michaela Balaweg
    36 views3 pages
    The document summarizes a legal case involving the death of a man named Bernard at a police station. A police officer named Roman Manalili got into a heated altercation with Bernard after two reporters went to the police station to report an incident at a gay bar. During the altercation, Roman hit Bernard with his pistol and slammed his head on the ground, causing injuries that led to Bernard's death. Roman claimed self-defense, but voice recordings and autopsy reports supported the testimony of one of the reporters. Both the trial court and Supreme Court found Roman guilty of homicide.

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    a law each day

    Original Title

    Unique Offense and Offenders_crim Law_rape

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    The document summarizes a legal case involving the death of a man named Bernard at a police station. A police officer named Roman Manalili got into a heated altercation with Bernard after two reporters went to the police station to report an incident at a gay bar. During the altercation, Roman hit Bernard with his pistol and slammed his head on the ground, causing injuries that led to Bernard's death. Roman claimed self-defense, but voice recordings and autopsy reports supported the testimony of one of the reporters. Both the trial court and Supreme Court found Roman guilty of homicide.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    36 views3 pages

    Unique Offense and Offenders - Crim Law - Rape

    Uploaded by

    Michaela Balaweg
    The document summarizes a legal case involving the death of a man named Bernard at a police station. A police officer named Roman Manalili got into a heated altercation with Bernard after two reporters went to the police station to report an incident at a gay bar. During the altercation, Roman hit Bernard with his pistol and slammed his head on the ground, causing injuries that led to Bernard's death. Roman claimed self-defense, but voice recordings and autopsy reports supported the testimony of one of the reporters. Both the trial court and Supreme Court found Roman guilty of homicide.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    Legitimate mode

    A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison (The


    Philippine Star) - February 28, 2018 - 12:00am

    RA 4200, or the Anti-Wire Tapping Act, prohibits the secret overhearing,


    intercepting or recording of private communications or spoken word by
    means of tapping any wire or cable or of using any other device or
    arrangement like Dictaphone, Dictagraph or detectaphone or walkie-talkie
    or tape recorder. This is the law involved in this case.

    The case happened in a gay bar at a southern Luzon city when two
    reporters of a radio station in said city, Jethro and Bernard, together with
    Bernard’s relative, went to said bar following reports that it was showing
    nude gay dancers. After the three had seated themselves at a table and
    ordered beer, a scantily clad gay dancer appeared on stage and began to
    perform a strip act. As he removed his clothes, Jethro brought out his
    camera and took pictures.

    At that point, Paul the floor manager with security guard Waldo approached
    Jethro and demanded to know why he took a picture. Jethro replied that it
    was his job. So Waldo pushed Jethro toward the table as he warned the
    latter that he would kill him. When Jethro saw that Waldo was about to pull
    out his gun, he ran out of the joint followed by his companions.

    The three then went to the police station to report the matter. Upon arrival,
    they saw three policemen, including SP02 Roman Manalili drinking beer in
    front of the station, and they asked Jethro and his companions to join them.
    Jethro declined and went to the desk officer, Sgt. Villaluz to report the
    incident.

    In a while, Paul and Waldo arrived on a motorcycle and were met by SP02
    Manalili who talked with them in a corner for around 15 minutes. Afterwards
    Manalili pushed Jethro to the wall, pulled out his firearm, cocked it and
    pressed it on Jethro’s face while at the same time uttering foul and
    threatening words.

    This prompted Bernard to intervene and tried to appease Manalili telling


    him that they went there to blotter the incident at the bar. But Manalili
    ignored him and told Sgt. Villaluz to make or record the unruly behavior of
    Jethro and Bernard. This angered Bernard and the two had a heated
    exchange. As Bernard was about to turn away, Roman hit him with the
    handle of his pistol above the left eyebrow causing Bernard to fall on the
    floor, blood flowing down his face. He tried to get up, but Roman gave him
    a fist blow on the forehead and banged his head on the concrete
    pavement. Then he turned to Jethro and asked him to sign the blotter
    wherein it was made to appear that Bernard started the fight.

    Captain Labrador, the station commander called Manalili to his office, while
    a policeman took Bernard to the hospital where he died from the injuries in
    the presence of the radio station manager Manny Manambit who went
    there.

    Unknown to Manalili, Jethro was able to record on tape the heated


    exchange between him and Bernard. So Manalili was charged in court for
    the crime of homicide. He claimed however that it was Bernard who tried
    to  hit him twice but he was able to duck both times and that Bernard was
    so drunk he fell on the floor twice each time hitting his head on the
    concrete.

    But the trial court and subsequently, the Court of Appeals, found Roman
    guilty of homicide and sentenced him to imprisonment of 10 years to 14
    years, eight months and one day. The courts relied more on the
    prosecution evidence particularly the detailed account of Jethro than on
    Manalili’s defense because of the post mortem report and the tape
    recording which confirm Jethro’s detailed testimony on how Bernard
    sustained the head injuries.

    Manalili still questioned the decision and contended that Jethro was a
    biased witness as he had a grudge against him and that the tape recording
    was inadmissible as it violates the Anti-Wire Tapping Act.
    But the Supreme Court (SC) still ruled that he is guilty. The SC said that the
    testimony of a witness who has an interest in the case is not enough
    reason to show that his testimony is unreliable.  Trial courts which have the
    opportunity to observe the facial expressions, gestures, and tones of voice
    of a witness testifying are competent to determine whether his/her
    testimony should be given credence. In this case SPO2 Manalili has not
    shown that the Trial Court erred in giving weight to the testimony of Jethro
    especially because the voice recording supported his detailed testimony.
    The post mortem findings of the medico-legal officer who autopsied
    Bernard showed that the cause his death was cerebral concussion and
    shock which coincide with Jethro’s account of what really happened.
    The voice recording personally made by Jethro which he authenticated and
    played during the trial also disproves Manalili’s version and confirms that
    he was really the one who inflicted the fatal blows on Bernard. This
    recording is admissible as evidence because the Anti Wire Tapping Act
    prohibits only the recording of private communications. In this case the
    heated exchange between Manalili and Bernard occurred in a police station
    which is a public place and thus it is not a private communication.

    But considering that Manalili did not intend to commit so grave a wrong as
    that committed and there was sufficient provocation from Bernard, his
    penalty imposed should be reduced to eight years minimum up to 14 years
    and eight months maximum with death indemnity of P50,000.(Navarro vs.
    Court of Appeals and People, G.R. 121087, August 26, 1999)

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