26 People v Dasig dead while the rest acted as back up.

The Nuñez group commandeered a

GR NO. 100231 vehicle and fled from the scene.
April 28, 1993  Catamora testified that he can identify Nuñez because of a mole at the
By: Gayares bridge of his nose near the left eye which he noticed when the accused
Topic: Crimes Against Public Order – Rebellion, coup d’etat, sedition, and disloyalty passed 2 or 3 meters in front of him.
Petitioners: People of the Philippines  August 16, 1987: Two police teams were tasked to conduct surveillance
Respondents: Rodrigo Dasig aka Ka Rubin Daku et.al. on a suspected safehouse. Upon reaching the place, they saw Dasig and
Ponente: Nocon, J. Nuñez trying to escape but they captured the latter and confiscated .45
revolver with 3 magazines and ammunitions, while the other group
pursued Dasig who threw a grenade at them, but was shot on his left
RECIT-READY/SUMMARY: Dasig is a member of the NPA’s sparrow unit, which is
upper arm and was also apprehended. A .38 revolver with 17 live
tasked to overthrow the government. The sparrow unit killed a police officer during
ammunitions were confiscated.
one of their operations. When Dasig was captured, he admitted his membership to
 Dasig was brought to the hospital while Nuñez was turned over for
the sparrow unit and to the killing of the police officer. RTC found him guilty of
investigation. Dasig was interrogated at his hospital bed and he was given
murder. However, SC ruled that he is guilty only of simple rebellion since the act
a lawyer, which he accepted.
performed is not of murderous cause, but to further a rebellious cause.
 Dasig contends that he should be convicted of simple rebellion at most
and not murder with direct assault.
DOCTRINE:
 RTC: Guilty of murder with assault upon a person in authority.
Rebellion absorbs the crime of direct assault when done in furtherance of the
rebellious cause. The crime of rebellion consists of many acts. It is a vast movement
ISSUE
of men and a complex net of intrigues and plots. Acts committed in furtherance of
W/N Dasig is guilty of murder with assault upon a person in authority instead of
rebellion through crimes are deemed absorbed in one single crime of rebellion.
rebellion?
FACTS:
HELD/RATIO
 Dasig pleads the reversal of his conviction by the RTC, which found him
NO – The lower court erroneously convicted him of murder with assault upon a
guilty of murder with direct assault. He is charged together with Edwin
person in authority. Rebellion is committed by taking up arms against government.
Nuñez and 6 others who are still at large.
 Policeman Manatad, Tizon, and Catamora were tasked by their
In this case, Dasig not only confessed voluntarily of his membership with the
commanding officer to assist in managing the traffic at Briones and
sparrow unit but also his participation and that of his group in the killing of
Bonifacio Streets in Mandaue City. Tizon controlled the traffic lighting;
Manatad. It is of judicial notice that the sparrow unit is the liquidation squad of the
Manatad manned the traffic; while Catamora acted as back-up and
NPA with the objective of overthrowing the duly constituted government. It is
posted himself at Norkis Trading building.
therefore not hard to comprehend that the killing of Manatad was committed as
 Around 4:00 PM, Catamora noticed 8 people, which included Nuñez,
means in furtherance of the subversive ends of the NPA. Consequently, Dasig is
acting suspiciously. He saw one of them giving instructions to two of their
liable for the crime of rebellion, not murder with direct assault upon a person in
own to approach Manatad. Catamora followed but that pair noticed and
authority.
upon proceeding to the middle of the road, they engaged the former to a
gun battle.
Rebellion absorbs the crime of direct assault when done in furtherance of the
 Catamora heard a series of shots from the other group and saw Manatad
rebellious cause. The crime of rebellion consists of many acts. It is a vast movement
sprawled on the ground. Out-numbered and to save his own life,
of men and a complex net of intrigues and plots. Acts committed in furtherance of
Catamora sought shelter at the nearby BIR Office from where he saw two
rebellion through crimes are deemed absorbed in one single crime of rebellion.
persons take Manatad’s gun and again fired at him to make sure he is
The crime committed is simple rebellion and not murder with direct
assault. WHEREFORE, Dasig is guilty of participating in an act of rebellion
beyond reasonable doubt and is sentence to suffer imprisonment of 8
years prision mayor and to pay P50k as civil indemnity.