Title
People vs. Lising
Case
G.R. No. 106210-11
Decision Date
Jan 30, 1998
Two young victims were abducted, murdered, and buried by a group including police officers, leading to convictions for double murder and kidnapping based on credible witness testimonies and admissible confessions.
A

Case Digest (G.R. No. 106210-11)

Facts:

  • Background of the Victims
    • Victims: Ernesto Cochise Bernabe II (26 years old, a law graduate reviewing for the bar examinations) and Ana Lourdes Castaños (“Beebom”, 22 years old, a graduating Mass Communications student) of the University of the Philippines.
    • Both victims were recognized for their academic excellence and extracurricular involvement, making their brutal deaths especially lamentable.
  • Conspiracy and Pre-planning
    • In March 1990, Rodolfo Manalili, a businessman, allegedly initiated a plan to “arrest” a suspect, Roberto Herrera, in connection with the killing of his brother, Delfin Manalili.
    • Felimon Garcia, a friend and townmate of Manalili, was approached to identify persons who could facilitate this “arrest”.
    • Garcia contacted Roberto Lising (alias “aRamboa”), a policeman, and arranged a meeting along with accomplices, including Enrico Dizon and Robin Manga.
    • A downpayment and a fee of P50,000.00 were agreed upon for the services that would lead to the abduction of the intended suspect, although the actual plan deviated from its stated purpose.
  • Execution of the Crime
    • On April 21–22, 1990, a meeting was arranged at Mabalacat, Pampanga, where Manalili and his son met with Lising, Garcia, Dizon, and later Manga.
    • The group traveled to Quezon City for surveillance at the Castaños residence, awaiting the arrival of a person they believed to be Roberto Herrera.
    • On April 25, 1990, after observing a green box-type 1985 Lancer car arriving with a man (Cochise) and a woman (Beebom), the conspirators followed their movements.
    • At Dayritas Ham and Burger House on Timog Circle, Quezon City, two men (Dizon and Manga) emerged from a black car, identified themselves as policemen and forcibly apprehended the occupants of the green Lancer.
    • Using methods including handcuffing, blindfolding, and physical force, the abducted individuals were taken away.
    • Later that night and the next morning, the victims were transported to a warehouse in San Fernando, Pampanga.
      • In the warehouse, actions unfolded that included the tying up of the victims, the use of a spade and a knife, and eventually, the stabbing of Cochise multiple times and the killing of Beebom.
    • Additional misconduct included measures to cover up the crime, such as the hasty burial of the victims and the repurposing (and later concealment/repainting) of the Lancer car involved in the abduction.
  • Evidence and Testimonies
    • Vital eyewitness testimonies were provided by Froilan Olimpia, a security guard stationed at the Rotonda Wine Station near Dayritas Ham and Burger House, and Raul Morales, a helper (pahinante) associated with Lising’s employer.
      • Olimpia recounted the abduction sequence near the restaurant and managed to identify key accused individuals, including Enrico Dizon and Robin Manga.
      • Morales testified about the events at the warehouse and provided details regarding the use of a spade, the handling of the victims, and the sequence of actions leading to the murders.
    • The criminal investigation was further bolstered by extrajudicial statements/confessions of the accused (Manalili, Garcia, and Lising) which were later used as corroborative evidence.
    • Despite some minor discrepancies in witness accounts, the overall narrative was consistent as to the conspiracy, abduction, and subsequent killing of the victims.
  • Charges Filed
    • Two amended informations were filed:
      • Criminal Case No. Q-90-15239 for carnapping (alleging the unlawful taking of the Lancer car),
      • Criminal Case No. Q-90-15240 for kidnapping with double murder.
    • Upon arraignment:
      • All accused pleaded not guilty.
      • The prosecution presented vital evidence and witness testimonies linking the accused to the conspiracy and the execution of the abduction and murders.

Issues:

  • Admissibility of Evidence
    • Whether the extrajudicial statements/confessions of Rodolfo Manalili, Felimon Garcia, and Roberto Lising were validly admitted and could be used against them.
    • Whether the trial court erred in accepting these statements as corroborative evidence since some accused did not testify in open court.
  • Credibility of Witnesses
    • The reliability and consistency of the eyewitness testimonies provided by Froilan Olimpia and Raul Morales amid alleged inconsistencies in their accounts.
    • Whether minor discrepancies in the sworn statements versus live testimony could undermine the overall conviction.
  • Conspiracy and Participation
    • Whether the acts of abduction and subsequent killing were executed in concert as part of a premeditated conspiracy.
    • Whether the principle “the act of one is the act of all” applies, thereby holding all accused equally liable for double murder and kidnapping despite different roles during the events.
  • Specific Contentions Raised by the Accused
    • Roberto Lising’s contention that he was coerced in signing his extrajudicial statement and that his involvement did not extend to the planning of the abductions and killings.
    • Enquiries on whether the trial court properly identified the sequence of events, particularly regarding the alleged wrongful arrest of the victims instead of the intended suspect.
    • Disputes on whether the separate crimes (carnapping versus kidnapping/double murder) were properly classified and if punitive measures were properly imposed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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