Case Digest (G.R. No. 247211) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On July 5, 2016, Joselito P. Gonzales (“alias Tulis”) was killed in an alleged buy-bust operation conducted by members of the Antipolo City Police Station Anti-Illegal Drugs Special Operations Task Force (AIDSOTF) and the Rizal Provincial Special Operating Unit (PSOU) under the supervision of Police Inspector Aristone L. Dogwe and Police Senior Inspector Mark Gil Garcia in Barangay Dela Paz, Antipolo City. His wife, Christina Macandog Gonzales, had previously been arrested with him in March 2015 for illicit drug use and sale by Police Officer 2 Mark Riel Canilon and another officer, only to be released after paying ₱50,000.00. In August 2015 and June 2016, Joselito and Christina were allegedly coerced by police officers SPO1 Allen Glenn Cadag and others to sell “batong-bakal” and “shabu,” with threats that women of any age could be killed if they failed to remit proceeds. On July 4, 2016, Joselito left home with Christian Raye “Ian” Cleopas—purportedly a police confidential info Case Digest (G.R. No. 247211) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and antecedents
- Petitioners: Police Chief Superintendent Valfrie G. Tabian; Police Chief Superintendent Adriano T. Enong, Jr.; Police Superintendent Simnar Semacio Gran; Police Inspector Aristone L. Dogwe; Senior Police Officer 1 Allen Glenn Cadag; Police Officer 2 Mark Riel Canilon; and John Does of the Antipolo CPS AIDSOTF and Provincial Special Operating Unit Team.
- Respondent: Christina Macandog Gonzales. Her husband, Joselito P. Gonzales, and she were previously arrested in March 2015 for drug use and sale; released after paying PO2 Canilon ₱50,000; engaged in sporadic drug transactions in 2015–2016 under police supervision and threats.
- Disputed encounter and death of Joselito
- June 2016: SPO1 Cadag (via Austria) supplied two bags of shabu (₱16,000) to Christina and Joselito; threats made by SPO1 Cadag and PO2 Canilon that “they can kill women” if proceeds were not fully remitted. Police visits in June 2016 included house searches, demands for money, and threats to arrest or kill Joselito.
- July 5, 2016: A buy-bust operation led by P/Insp. Dogwe and PS/Insp. Garcia in Brgy. Dela Paz, Antipolo City. Joselito was killed in an alleged shoot-out; SOCO Report (July 6) and Investigation Report (July 15) claimed self-defense by police and seized an unregistered revolver and shabu sachets.
- Writ of Amparo proceedings
- Supreme Court Resolution (Feb 21, 2017): Issued Temporary Protection Order and Writ of Amparo in favor of Christina.
- Court of Appeals Decision (Nov 26, 2018): Recognized Joselito’s death as extralegal killing; declared P/Insp. Dogwe, PO2 Canilon, and John Does responsible; held PC/Supt. Tabian, PC/Supt. Enong, P/Supt. Gran (and successors) accountable; found SPO1 Cadag and PO2 Canilon liable for threats; issued Permanent Protection Order; recommended civil, criminal, and administrative cases.
- Court of Appeals Resolution (Apr 29, 2019): Denied motion for reconsideration; affirmed Decision of Nov 26, 2018.
Issues:
- Main issue
- Whether the Court of Appeals erred in finding Joselito P. Gonzales a victim of extralegal killing and in holding petitioners responsible or accountable for his death and respondent’s threats.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)