G.R. No. 100231 - People vs. Dasig

Case Summary (G.R. No. 100231)

Facts of the Offense

On the afternoon of August 4, 1987, Pfc. Redempto Manatad, together with Pfc. Ninah Tizon and Pfc. Rene Catamora, were assigned to traffic duty at the intersection of M.N. Briones and Bonifacio Streets in Mandaue City. Pfc. Catamora observed a group of eight persons, including one he later identified as Edwin Nunez, behaving suspiciously. Two members of that group approached Pfc. Manatad and then engaged Catamora in an exchange of gunfire; Catamora then heard shots from the other group and observed Pfc. Manatad sprawled on the ground. Catamora, outnumbered, retreated to safety and observed two persons take Manatad’s gun and fire again at the fallen officer to ensure he was dead; others in the group acted as backup before commandeering a vehicle and fleeing.

Arrest, Seizures, and Appellant’s Extra‑Judicial Confession

On August 16, 1987, police surveillance of a suspected “sparrow unit” safehouse in Peace Valley resulted in the capture of Nunez and the apprehension of Dasig after he threw a grenade and was shot in the left upper arm. A .45 caliber revolver and magazines were seized from Nunez; a .38 revolver with live ammunition was seized from Dasig. While hospitalized at Camp Lapulapu Army Station Hospital, Dasig was interrogated on August 19, 1987 by M/Sgt. Ariston Ira. He was assisted by Atty. Fortunato Parawan, whom Dasig agreed to have represent him. Dasig executed an extra‑judicial confession (Exhibit “J”), swore to it before Assistant City Fiscal Salvador Solima, and signed each page; the statement included an express certification that it was free and voluntary and that he was assisted by counsel.

Procedural History at Trial

Appellant and co-accused Nunez were arraigned and pleaded not guilty; Nunez later changed his plea to guilty during prosecution presentation but died in 1989, extinguishing his criminal liability. The trial court received evidence including Catamora’s identification testimony and Dasig’s extra‑judicial confession, and the trial court found the confession was given voluntarily and legally. The trial court initially convicted Dasig of murder with direct assault on a person in authority; on appeal the Supreme Court reviewed the voluntariness of the confession and the proper legal characterization of the offense.

Issue on Appeal

Two principal issues were presented: (1) whether Dasig’s extra‑judicial confession was legally obtained and admissible given his hospital confinement and the role of counsel; and (2) assuming participation in the killing, whether the proper crime is murder with direct assault upon a person in authority or simple rebellion (i.e., whether the act was committed in furtherance of a rebellion and thus absorbed by the crime of rebellion).

Court’s Findings on the Voluntariness and Admissibility of the Confession

The Court affirmed the trial court’s factual findings that Dasig was informed of his constitutional rights, that he accepted the assistance of Atty. Parawan after being asked whether he would accept that counsel, that the interrogation was conducted in Cebuano at Dasig’s request, and that the assistance of counsel and the presence of the Assistant City Fiscal at subscription and oath preceded Dasig’s signatures. Assistant City Fiscal Solima certified that Dasig appeared to understand and voluntarily swear to the statement; Atty. Parawan testified he was present throughout the interrogation and that Dasig’s answers were voluntary. The Court reiterated the settled rule that a confession is admissible unless the accused proves it was the product of violence, intimidation, threat, promise, or other coercion; the record contained only Dasig’s self‑serving denial and no substantiation of coercion. On these facts the Court found the extra‑judicial confession was taken with regularity and legality and was admissible.

Legal Analysis: Rebellion as the Proper Offense

The Court accepted the concession of the Solicitor General and its own analysis that Dasig’s confession of membership in the “sparrow unit” (described as the liquidation squad of the New People’s Army) and of participation in the killing established that the act was committed in furtherance of a rebellion. The Court applied the legal doctrine that acts done in furtherance of rebellion, although crimes in themselves (e.g., homicide), are absorbed into the single crime of rebellion; the killing of a person in authority that is a component of a larger rebellion cannot be the basis of a sep

Case Syllabus (G.R. No. 100231)

Procedural Posture and Disposition Sought

Appellant Rodrigo Dasig seeks reversal of his conviction by the Regional Trial Court, Branch 28, Mandaue City, which found him guilty of Murder with Direct Assault.
Appellant was charged jointly with Edwin Nunez and six others who remained at large.
The appeal is before the Court on review of the lower court's judgment; the decision on appeal is authored by Justice Nocon with Narvasa, C.J., Padilla, and Regalado, JJ., concurring.

Information / Criminal Charge

Information charged that on or about August 4, 1987, in Mandaue City, the named accused, "conspiring and confederating together and helping one another, with intent to kill," employing treachery, evident premeditation, abuse of superior strength and use of a motor vehicle, and being armed with unlicensed firearms, "did then and there wilfully, unlawfully and feloniously attack, assault and shoot one Redempto Manatad, a police officer on traffic duty, at his vital portion which caused his death soon thereafter, knowing beforehand that the victim was a policeman who was then in the performance of his official duties."
The Information pleads elements of murder with direct assault upon a person in authority and specifies aggravating circumstances and means.

Arraignment, Pleas and Related Procedural Events

Upon arraignment, appellant Rodrigo Dasig and co-accused Edwin Nunez entered a plea of "not guilty."
After the prosecution presented its first witness, Nunez changed his plea to "guilty"; the trial court held in abeyance promulgation of judgment against Nunez until the prosecution concluded presentation of evidence.
Co-accused Edwin Nunez later died on March 10, 1989, which extinguished his criminal liability.

Factual Background: Deployment and Shooting Incident (August 4, 1987)

In the afternoon of August 4, 1987, Pfc. Redempto Manatad, Pfc. Ninah Tizon and Pfc. Rene Catamora were assigned to traffic duty at M.N. Briones and Bonifacio Streets in Mandaue City.
Roles: Pfc. Tizon controlled traffic lighting, Pfc. Manatad manned the traffic, and Pfc. Catamora acted as back-up and posted himself at Norkis Trading building.
At about 4:00 p.m., Pfc. Catamora observed eight persons acting suspiciously, one of whom he identified as Edwin Nunez.
Catamora observed one person instructing two men to approach Pfc. Manatad; when Catamora followed those two, they engaged him in a gun battle after perceiving he was following them.
Simultaneously, Catamora heard shots from the other group and later saw Pfc. Manatad sprawled on the ground.
Outnumbered, Catamora sought refuge at the nearby BIR Office, from which he observed two persons take Pfc. Manatad's gun and fire at him again to ensure death, while the rest of the group, including Nunez, acted as backup.
The group associated with Nunez then took a vehicle and fled the scene.

Identification by Witness (Pfc. Rene Catamora)

Pfc. Catamora testified he could identify co-accused Nunez by a mole on the bridge of Nunez's nose near the left eye, noticed when Nunez passed 2-3 meters in front of Catamora with his companions.
The record does not show Pfc. Catamora specifically identifying Dasig as the person giving instructions at the scene; appellant was not pinpointed as the leader of the attacking group by Catamora.

Arrests, Pursuit and Seizures at Suspected Safehouse (August 16, 1987)

Two teams of police conducted surveillance on a suspected sparrow unit safehouse in Peace Valley, Cebu City.
Upon arrival, Rodrigo Dasig and Edwin Nunez attempted to escape.
Capt. Antonio Gorre's team captured Nunez and confiscated a .45 caliber revolver with three magazines and ammunition.
Sgt. Ronald Arnejo's team pursued Dasig; Dasig threw a grenade at pursuers, was shot on his left upper arm, and was thereafter apprehended.
From Dasig, authorities confiscated a .38 caliber revolver with seventeen live ammunitions.
Dasig was brought to the hospital for treatment; Nunez was turned over to Metrodiscom for investigation.

Custodial Interrogation and Extra-Judicial Confession (August 19, 1987)

M/Sgt. Ariston Ira of the PC Criminal Investigation Service interrogated Dasig on August 19, 1987, at his hospital bed at Lapulapu Army Hospital in Cebu City.
Atty. Fortunato Parawan of the Creer Law Office assisted Dasig during the interrogation; the military requested Parawan to represent Dasig who did not have a lawyer.
Before interrogation, Parawan asked Dasig whether he was willing to avail of his services; Dasig agreed.
M/Sgt. Ira apprised Dasig of his constitutional rights.
The interrogation was conducted in Cebuano at appellant's request.
Dasig confessed that he and the group of Edwin Nunez killed Pfc. Manatad; he admitted membership in the sparrow unit and that his and Nunez's aliases were "Armand" and "Mabi," respectively.
The extra-judicial confession of appellant, marked as Exhibit "J," was signed by him on every page; the first page contained a certification he also signed stating the statement was "free and voluntary" and that he was assisted by counsel throughout the investigation; Atty. Parawan signed in conformity.
The confession was subscribed and sworn to before Cebu City Assistant Fiscal Salvador Solima.

Contentions of Appellant on Appeal

Appellant contends the procedure by which his extra-judicial confession was taken was legally defective and violated his constitutional rights.
He asserts that, even if he conspire