Case Summary (G.R. No. 102300)
Chronology of Events and Charging
On August 4, 1987, eight armed men approached and fatally shot Pfc. Redempto Manatad while on traffic duty, employing treachery, premeditation, superior strength and a vehicle to effect escape. Patrolman Catamora, acting as backup, engaged one faction, heard shots at Manatad, fled for safety and witnessed the group fire additional rounds into the fallen officer. The assailants then commandeered a vehicle and fled. An Information in the Regional Trial Court of Mandaue City charged Dasig, Nunez and others with murder with direct assault against a person in authority.
Custodial Interrogation and Extra-Judicial Confession
On August 16, 1987, police teams located Dasig and Nunez at a suspected sparrow unit safehouse. Nunez was arrested with a .45 revolver; Dasig was shot in the arm, apprehended and hospitalized. On August 19, M/Sgt. Ira interrogated Dasig at the hospital after advising him of his rights under the 1987 Constitution and securing Atty. Fortunato Parawan’s assistance at Dasig’s request. The interrogation, conducted in Cebuano, culminated in a written, sworn confession (Exhibit J) in which Dasig admitted membership in the New People’s Army’s sparrow unit and participation in Manatad’s killing.
Legal Arguments on Confession Admissibility
Appellant argued that his extra-judicial confession was inadmissible because (1) he was too ill to comprehend his rights; (2) counsel did not actively advise him; and (3) counsel’s presence merely lent an appearance of legality. He asserted that the procedure violated his constitutional right to a competent, independent lawyer and to remain silent.
Court’s Analysis on Voluntariness and Counsel
Both the trial court and Supreme Court found that (a) Dasig was properly informed of his rights; (b) he affirmatively accepted Atty. Parawan as counsel of his own choice; (c) the confession was made voluntarily, without threats or promise of leniency; (d) the written statement was read to him in a language he understood; and (e) the affidavit was subscribed and sworn before Asst. City Fiscal Solima, who certified its voluntary nature. Relying on Section 12(1), Article III of the 1987 Constitution and People v. Parojinog, the Court held that mere presence of counsel, coupled with counsel’s testimony of active assistance throughout the interrogation, satisfied the requirement of independent legal aid.
Classification of Offense: Murder vs. Rebellion
Although charged with murder with direct assault, the Supreme Court recognized that Dasig’s admitted role as a member of the NPA’s sparrow unit rendered the killing an act in furtherance of rebellion under Arts. 134–135, Rev
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Facts
- On August 4, 1987 at around 4:00 PM in Mandaue City, Pfc. Redempto Manatad (traffic duty), Pfc. Ninah Tizon (traffic lights), and Pfc. Rene Catamora (backup) manned an intersection.
- Pfc. Catamora observed eight suspicious persons, including Edwin Nunez, and saw two approach Manatad while others provided cover.
- A gunbattle ensued; Catamora retreated to a nearby building while hearing additional shots. He later saw Manatad fall, and assailants stripped and fired upon him again to ensure death.
- The group, including Nunez, boarded a commandeered vehicle and fled.
- Identification of Nunez by a distinctive mole on his nose was made by Pfc. Catamora.
- On August 16, 1987, police raided a suspected sparrow-unit safehouse in Cebu City. Nunez was arrested with a .45 cal. revolver; Dasig threw a grenade at pursuing officers, was shot in the arm, and apprehended with a .38 cal. revolver.
- While hospitalized, Dasig was informed of and waived his rights in the presence of Atty. Fortunato Parawan, then made an extra-judicial confession in Cebuano, admitting membership in the NPA sparrow unit and participation in Manatad’s killing. The confession was sworn before Asst. City Fiscal Salvador Solima.
Procedural History
- Information charged Dasig and Nunez with murder with direct assault upon a person in authority, citing conspiracy, treachery, premeditation, abuse of superior strength, use of unlicensed firearms, and motor vehicle esca