Scribd Logo
Upload

Welcome to Scribd!

  • 301 views

    People V Dasig

    Uploaded by

    Ming
    The appellant was found guilty of participating in the killing of a police officer while part of a sparrow unit conducting acts of rebellion. On appeal, the court ruled the crime should be considered rebellion rather than murder, as the killing was committed in furtherance of overthrowing the government. Acts done to further rebellion are absorbed into the single crime of rebellion. The appellant's penalty was reduced to 8 years imprisonment and a civil indemnity payment.

    Copyright:

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

    People V Dasig

    Uploaded by

    Ming
    301 views1 page
    The appellant was found guilty of participating in the killing of a police officer while part of a sparrow unit conducting acts of rebellion. On appeal, the court ruled the crime should be considered rebellion rather than murder, as the killing was committed in furtherance of overthrowing the government. Acts done to further rebellion are absorbed into the single crime of rebellion. The appellant's penalty was reduced to 8 years imprisonment and a civil indemnity payment.

    Original Title

    341143180-People-v-Dasig.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The appellant was found guilty of participating in the killing of a police officer while part of a sparrow unit conducting acts of rebellion. On appeal, the court ruled the crime should be considered rebellion rather than murder, as the killing was committed in furtherance of overthrowing the government. Acts done to further rebellion are absorbed into the single crime of rebellion. The appellant's penalty was reduced to 8 years imprisonment and a civil indemnity payment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    301 views1 page

    People V Dasig

    Uploaded by

    Ming
    The appellant was found guilty of participating in the killing of a police officer while part of a sparrow unit conducting acts of rebellion. On appeal, the court ruled the crime should be considered rebellion rather than murder, as the killing was committed in furtherance of overthrowing the government. Acts done to further rebellion are absorbed into the single crime of rebellion. The appellant's penalty was reduced to 8 years imprisonment and a civil indemnity payment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEOPLE v.

    DASIG
    April 28, 1993 | Nocon, J. | Appeal from RTC Decision | Rebellion RULING: Accused found guilty of participating in an act of rebellion beyond
    reasonable doubt. Penalty of 8 years prision mayor, and to pay deceased’s heirs
    P50,000 as civil indemnity.
    SUMMARY: Appellant and several others who were part of a sparrow unit killed a
    police officer performing traffic duties. Appellant was convicted of murder with RATIO:
    direct assault. He appealed that it was merely rebellion. Court ruled in his favor. 1. Art 135, RPC: Rebellion is committed by taking up arms against the government,
    among other means. Appellant voluntarily confessed his membership in the
    DOCTRINE: Acts committed in furtherance of rebellion through crimes in sparrow unit and his participation and that of the group in Pfc.Manatad’s killing. It
    themselves are deemed absorbed in one single crime of rebellion. is of judicial notice that the sparrow unit is the NPA’s liquidation squad, with the
    objective of overthrowing the government.
    FACTS:
    1. Pfc. Redempto Manatad and two other police officers, Pfc. Ninah Tizon and Pfc. 2. Rebellion consists of many acts. Acts committed in furtherance of rebellion
    Rene Catamora, were tasked to man traffic. Pfc. Catamora noticed eight persons, through crimes in themselves are deemed absorbed in one single crime of
    including Edwin Nuñez, acting suspiciously, one of whomgave instructions to two rebellion. The act of killing a police officer, knowing that the victim is a person in
    of the men to approach Pfc. Manatad. authority, is a mere component or ingredient of rebellion, or an act done in its
    furtherance. It cannot be the basis of a separate charge.
    2. Pfc. Catamora followed the, but they sensed it and proceeded to the middle of
    the road and engaged him in a gunfight. He then heard a series of shots from the 3. The Indeterminate Sentence Law is not applicable to persons convicted of
    other group and saw Pfc. Manatad on the ground. Pfc. Catamora sought refuge at rebellion. The Art 135 penalty for any person who promotes, maintains or heads a
    the BIR Office, from where he saw two persons take Pfc. Manatad’s gun and again rebellion is prision mayor and a fine not exceeding P200,000. But since there is no
    fired on him to assure he was dead before the group fled. evidence that appellant headed the crime committed, and in fact Pfc. Catamora
    pinpointed him as not the person giving instructions to the group that attacked
    3. Nuñez and appellant Rodrigo Dasig were located in a safehouse, where they Pfc. Manatad, the imposed penalty is eight years of prision mayor and civil
    were apprehended and disarmed. In the process, Dasig was shot in the arm. He indemnity of P50,000 to Manatad’s heirs.
    confessed that he and Nuñez’s group had killed Pfc. Manatad, and that he and
    Nuñez, alias ‘Armand’ and ‘Mabi’ respectively, were members of a sparrow unit.
    He was found guilty of murder with direct assault. Nuñez died while the trial was
    still ongoing.

    4. Dasig contended, among others, that assuming arguendo he conspired in the


    killing, he should have been convicted at most of simple rebellion, not murder with
    direct assault.

    ISSUE: WoN the proper crime charged is rebellion, not murder with direct assault
    - YES

    You might also like