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PEOPLE v. DASIG 4.

Dasig contended, among others, that assuming arguendo he


April 28, 1993 | Nocon, J. | Appeal from RTC Decision | Rebellion conspired in the killing, he should have been convicted at most of
simple rebellion, not murder with direct assault.

SUMMARY: Appellant and several others who were part of a ISSUE: WoN the proper crime charged is rebellion, not murder
sparrow unit killed a police officer performing traffic duties. with direct assault - YES
Appellant was convicted of murder with direct assault. He
appealed that it was merely rebellion. Court ruled in his favor. RULING: Accused found guilty of participating in an act of
rebellion beyond reasonable doubt. Penalty of 8 years prision
DOCTRINE: Acts committed in furtherance of rebellion through mayor, and to pay deceaseds heirs
crimes in P50,000 as civil indemnity.
themselves are deemed absorbed in one single crime of
rebellion. RATIO:
1. Art 135, RPC: Rebellion is committed by taking up arms
FACTS: against the government, among other means. Appellant
1. Pfc. Redempto Manatad and two other police officers, Pfc. voluntarily confessed his membership in the sparrow unit and his
Ninah Tizon and Pfc. Rene Catamora, were tasked to man traffic. participation and that of the group in Pfc.Manatads killing. It is of
Pfc. Catamora noticed eight persons, including Edwin Nuez, judicial notice that the sparrow unit is the NPAs liquidation
acting suspiciously, one of whomgave instructions to two of the squad, with the objective of overthrowing the government.
men to approach Pfc. Manatad.
2. Rebellion consists of many acts. Acts committed in
2. Pfc. Catamora followed the, but they sensed it and proceeded furtherance of rebellion through crimes in themselves are
to the middle of the road and engaged him in a gunfight. He then deemed absorbed in one single crime of rebellion. The act
heard a series of shots from the other group and saw Pfc. of killing a police officer, knowing that the victim is a
Manatad on the ground. Pfc. Catamora sought refuge at the BIR person in authority, is a mere component or ingredient of
Office, from where he saw two persons take Pfc. Manatads gun rebellion, or an act done in its furtherance. It cannot be
and again fired on him to assure he was dead before the group the basis of a separate charge.
fled.
3. The Indeterminate Sentence Law is not applicable to persons
3. Nuez and appellant Rodrigo Dasig were located in a convicted of rebellion. The Art 135 penalty for any person who
safehouse, where they were apprehended and disarmed. In the promotes, maintains or heads a rebellion is prision mayor and a
process, Dasig was shot in the arm. He confessed that he and fine not exceeding P200,000. But since there is no evidence that
Nuezs group had killed Pfc. Manatad, and that he and Nuez, appellant headed the crime committed, and in fact Pfc. Catamora
alias Armand and Mabi respectively, were members of a pinpointed him as not the person giving instructions to the group
sparrow unit. He was found guilty of murder with direct assault. that attacked Pfc. Manatad, the imposed penalty is eight years of
Nuez died while the trial was still ongoing. prision mayor and civil indemnity of P50,000 to Manatads heirs.

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