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People vs Dongail

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18 views

People vs Dongail

Uploaded by

layuganjam
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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People vs.

Dongail
G.R. No. 217972
Ponente CARANDANG, J
Feb 17, 2020
Three police officers are convicted of three counts of Arbitrary Detention and three counts
of Murder after kidnapping and killing three individuals suspected of involvement in the
illegal drug trade.
Facts:
The case involves the conviction of P/Insp. Clarence Dongail, SPO4 Jimmy Fortaleza, and
SPO2 Freddie Natividad for three counts of Arbitrary Detention and three counts of Murder.
The case originated from an Information for kidnapping with murder filed against Ramonito
Estanislao and 15 John Does for the killing of Eleuterio Salabas. The Information was later
amended several times to include accused-appellants and other individuals. The prosecution
presented witnesses who testified that accused-appellants, who were police officers,
abducted the victims, interrogated them, and ultimately killed them. The victims were found
dead with gunshot wounds and other injuries. The Regional Trial Court (RTC) convicted
accused-appellants of murder and arbitrary detention, and the Court of Appeals affirmed
the conviction.
Issue:
The main issue in the case is whether accused-appellants should be convicted of separate
crimes of arbitrary detention and murder, or if the crimes should be considered as a
complex crime of arbitrary detention with murder.
Ruling:
The Court ruled that accused-appellants should be convicted of separate crimes of arbitrary
detention and murder. The final amended Information charged accused-appellants with the
complex crime of arbitrary detention with murder, but the evidence did not support a
complex crime under Article 48 of the Revised Penal Code. The Court held that the arbitrary
detention of the victims was already consummated when accused-appellants forcibly
abducted them, brought them to various locations, and interrogated them. The subsequent
killing of the victims, which involved boxing, kicking, pistol-whipping, and ultimately
shooting them, constituted a separate crime of murder. Therefore, accused-appellants were
properly convicted of separate crimes of arbitrary detention and murder.
Ratio:
The Court based its decision on the following grounds:
1. The single act of accused-appellants did not constitute two or more grave or less
grave felonies, which is a requirement for a complex crime under Article 48 of the
Revised Penal Code.
2. The arbitrary detention of the victims was already consummated when accused-
appellants forcibly abducted them, brought them to various locations, and
interrogated them.
3. The subsequent killing of the victims, which involved boxing, kicking, pistol-whipping,
and ultimately shooting them, constituted a separate crime of murder.
4. The evidence, including witness testimonies and circumstantial evidence, established
the guilt of accused-appellants for the separate crimes of arbitrary detention and
murder.

Appeal Assailing the Decision of the Court of Appeals


The appeal in this case challenges the Decision of the Court of Appeals (CA) dated July 31,
2014, which affirmed the conviction of P/Insp. Clarence Dongail, SPO4 Jimmy Fortaleza, and
SPO2 Freddie Natividad. The accused-appellants were found guilty beyond reasonable
doubt of three counts of Arbitrary Detention and three counts of Murder.
Facts of the Case
The case involves the killing of Eleuterio Salabas. An Information for kidnapping with murder
was filed against Ramonito Estanislao and 15 John Does. Later, an amended Information was
filed against accused-appellants and other individuals. The prosecution filed a fourth
amended Information for arbitrary detention with murder, which included additional
accused individuals. The commission of the crimes was attended by aggravating
circumstances such as nighttime and being committed by a band. The case was transferred
to the RTC of Manila upon a request for change of venue.

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