Title
People vs. Dasig
Case
G.R. No. 100231
Decision Date
Apr 28, 1993
A police officer was killed by NPA members; the accused's voluntary confession was upheld, but the crime was reclassified as Simple Rebellion, resulting in an 8-year sentence.

Case Digest (G.R. No. 209216)
Expanded Legal Reasoning Model

Facts:

  • Shooting of Pfc. Redempto Manatad
    • On August 4, 1987 in Mandaue City, Pfc. Manatad (traffic duty), Pfc. Tizon (traffic lights) and Pfc. Catamora (backup) were stationed at M.N. Briones and Bonifacio Streets.
    • Pfc. Catamora observed eight suspicious men (including co-accused Nunez) giving instructions. Two approached him; sensing danger, they engaged him in a gun battle. Simultaneously, the other group shot Pfc. Manatad, ensured his death by firing additional shots, seized his service firearm and then fled in a commandeered vehicle.
  • Arrest and Extra-Judicial Confession
    • On August 16, 1987, police surveillance teams raided a suspected sparrow-unit safehouse in Peace Valley, Cebu City. Capt. Gorre’s team captured Edwin Nunez along with a .45 caliber revolver and ammunition; Sgt. Arnejo pursued Rodrigo Dasig, who was wounded by his own grenade and taken into custody with a .38 caliber revolver and live rounds.
    • On August 19, 1987, at Camp Lapulapu Army Station Hospital, M/Sgt. Ariston Ira informed Dasig of his constitutional rights in Cebuano. Atty. Fortunato Parawan, whom Dasig agreed to retain, was present throughout. Dasig gave an extra-judicial confession admitting his membership in the NPA sparrow unit (“Armand”) and participation in the killing of Pfc. Manatad. The statement (Exh. J) was signed on each page and sworn before Asst. City Fiscal Salvador Solima, who certified its voluntariness.

Issues:

  • Was the extra-judicial confession of Rodrigo Dasig legally obtained and admissible in evidence?
  • Was the correct crime charged and convicted—Murder with direct assault upon a person in authority—or should the offense be classified as simple rebellion?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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