G.R. NO. 209464 DUNGO AND SIBAL JR VS PEOPLE OF THE PH JULY JULY 1 2015
FACTS:
On January 14, 2006, at around 3:20am, Marlon Villanueva was brought to the emergeny room o! "r# Jose $# %i&al "istrit 'os(ital by two men# "r Masilungan, the attending (hysiian, observed that Villanueva was motionless, not breathing and had no hearbeat# 'e tried to revive the (atient !or about 1) to 30 minutes but the latter did not res(ond to the resusitation and was later (ronouned dead# 'e also also noti notied ed big ontusio ontusion n hemat hematoma oma on the !ae !ae and several several in*uri in*uries es on the (atien (atient+s t+s arms arms and leg# leg# !ter !ter (ulli (ulling ng down, down, Villa Villanue nueva+ va+s s (ants, (ants, he saw large large ontusions on both legs and thighs## "r# Masilungan and "r# -amarillo, the Medio. /egal oer, o(ined, based on the nature, etent and loation o! the in*uries, that Villanueva was a vitim o! ha&ing# he two men who brought Villanueva were later identied as "andy "ungo and regorio 5ibal Jr# hey were later !ound out to be members o! l(ha $hi Omega. heta -ha(ter and that Villanueva and two 27 others were neo(hytes o! l(ha $hi Omega 8heta -ha(ter and were in the (roess o! their nal nal initia initiatio tion n rites# rites# On 9ebruar ebruary y , 2006, 2006, the the Oe Oe o! the the -ity -ity $rose $roseut utor or o! -alamba, /aguna, led in!ormation !or the violation o! % ;04< or the anti.ha&ing law against against "ungo "ungo and 5ibal Jr be!ore be!ore the %egional egional rial -ourt# he (roseu (roseutor tor (resented several witnesses to (rove the (resene o! the aused in the initiation rites# he (roseution argued that under % ;04<, mere (resene in the ha&ing reat reates es a (rima (rima !aie !aie eviden evidene e o! (arti (artii i(at (ation ion ther therein ein and when when added added with with irumstantial irumstantial evidenes is enough to onvit the aused as (rini(als in the rime o! ha&ing# On the other hand, the de!ense argued that the aused were not (resent during the initiation rites and thus did not diretly and atively (artii(ate in the initiation rites# he trial ourt !ound them guilty beyond reasonable doubt o! the rime o! violation o! %## ;04< and sentened them to su=er the (enalty o! relusion (er(etua# he a((ellate ourt armed the deision#
>ssue: 1# ?hether ?hether or not the dis(utabl dis(utable e (resum(tio (resum(tion n o! (artii(atio (artii(ation n under 5etion 5etion 4 o! % ;04< is unonstitutional unonstitutional !or violation o! the right o! the aused to be (resumed innoent# 2# ?hether ?hether or not irums irumstant tantial ial evidene evidene is enough enough to (rove (rove the guilt guilt o! an aused beyond reasonable doubt# %uling:
1# @o# he -ourt ruled that a nding o! (rima !aie evidene does not shatter the (resum(tive innoene the aused en*oys, beause be!ore (rima !aie evidene arises, ertain !ats have still to be (roven# he trial ourt annot de(end alone on suh evidene, beause (reisely, it is merely (rima !aie# >t must still satis!y that the aused is guilty beyond reasonable doubt o! the o=ense harged# @either an it rely on the weaA de!ense the latter may addue# >n this ase, there was prima facie evidene o! the (etitionersB (artii(ation in the ha&ing beause o! their (resene in the venue# s orretly held by the %-, the (resene o! "ungo and 5ibal during the ha&ing at Villa @ovalihes %esort was established by the testimony o! >gnaio, a (roseution witness# 5he testied that she saw 5ibal emerge !rom the resort and a((roah her store# he (roseution indubitably established the (resene o! "ungo and 5ibal during the ha&ing# 5uh gave rise to the prima facie evidene o! their atual (artii(ation in the ha&ing o! Villanueva# Ceause
o!
the
unontroverted prima
facie evidene
against
the
(etitioners, it was shown that they (er!ormed an overt at in the !urtherane o! the riminal design o! ha&ing# @ot only did they indue the vitim to attend the ha&ing ativity, the (etitioners also atually (artii(ated in it based on the prima facie evidene# hese ats are suient to establish their roles in the ons(iray o! ha&ing# 'ene, generally, mere (resene at the sene o! the rime does not in itsel! amount to ons(iray# De(tionally, under %## @o# ;04<, the (artii(ation o! the o=enders in the riminal ons(iray an be (roven by the prima facie evidene due to their (resene during the ha&ing, unless they (revented the ommission o! the ats therein#
2# Ees# he -ourt ruled that while (roo! beyond reasonable doubt is reFuired !or a onvition, this eating standard does not (relude resort to irumstantial evidene when diret evidene is not available# "iret evidene is not a
ondition sine Fua non to (rove the guilt o! an aused beyond reasonable doubt# -rimes are usually ommitted in seret and under onditions where onealment is highly (robable *ust liAe in the (resent ase# he rime o! ha&ing is shrouded in serey# Cearing in mind the onealment o! ha&ing, it is only logial and (ro(er to resort to the (resentation o! irumstantial evidene to (rove it# 'owever, in order to sustain a onvition o! an aused through irumstantial evidene, it reFuires the !ollowing reFuisites: 17 here are more than one irumstaneG 27 the in!erene must be based on (roven !atsG and 37 the ombination o! all irumstanes (rodues a onvition beyond reasonable doubt o! the guilt o! the aused# he irumstanes must be established to !orm an unbroAen hain o! events leading to one !air reasonable onlusion (ointing to the aused as the authors o! the rime#
>n su((ort o! the onvitions, below are the !ats detailed by the - and ited by the 5- . 1#
Marlon Villanueva is a neo(hyte o! l(ha $hi Omega, as testied by his roommate Joey tien&a# 2# t around 3:00 oBloA in the a!ternoon o! January 13, 2006, HI$/C student ay -&arina 5unga was staying at their tambayan, talAing to her organi&ation mates# hree men were seated two meters way !rom her# 5he identied two o! the men as a((ellants 5ibal and "ungo, while she did not Anow the third man# he three men were wearing blaA shirts with the seal o! the l(ha $hi Omega# 3# /ater at ):00 oBloA in the a!ternoon, two more men oming !rom the entomology wing arrived and a((roahed the three men# mong the men who *ust arrived was the vitim, Marlon Villanueva# One o! the men wearing blaA $O shirts handed over to the two !raternity neo(hytes some money and told the men KMamalengAe na Aayo#K 'e later tooA baA the money and said, K'uwag na, Aami na lang#K 4# One o! the men wearing a blaA $O shirt, who was later identied as a((ellant "ungo, stood u( and asAed Marlon i! the latter already re(orted to him, and asAed him why he did not re(ort to him when he was *ust at the, tambayan. "ungo then ontinuously (unhed the vitim on his arm# his went on !or ve minutes# Marlon *ust Ae(t Fuiet with his head bowed down# 9i!teen minutes later, the men le!t going towards the Dntomology wing#
)#
he deeased Marlon Villanueva was Blast seen alive by Joey tien&a at :00 in the evening o! 13 January 2006, !rom whom he borrowed the shoes he wore at the initiation right [sic].Marlon told Joey that it was his KnalsK night# 6# On January 13, 2006 at around ;:30 to <:00 oBloA in the evening, Hnearby sari. sari store owner 5usan >gnaio saw more than twenty 207 (ersons arrive at the Villa @ovalihes %esort onboard a *ee(ney# 5he estimated the ages o! these (ersons to be between 20 to 30 years old# hree 37 (ersons riding a single motoryle liAewise arrived at the resort# # >gnaio saw about !teen 1)7 (ersons gather on to( o! the terrae at the resort who looAed liAe they were (raying# /ater that evening, at least three 37 o! these (ersons went to her store to buy some items# 5he did not Anow their names but ould identity [sic] their !aes# !ter she was shown olored (hotogra(hs, she (ointed to the man later identied as 'erald -hristo(her Craseros# 5he also (ointed out the man later identied as regorio 5ibal, Jr# ;# "onato Magat, a triyle driver (lying the route o! $ansol, -alamba -ity, testied that around 3:00 oBloA in the morning o! January 14, 2006, he was waiting !or (assengers at the orner o! Villa @ovalihes %esort when a man a((roahed him and told him that someone inside the resort needed a ride# Magat then went to the resort and asAed the two 27 men standing by the gate who will be riding his triyle# <# he !our 47 men boarded his triyle but Magat notied that when he touhed the body o! the man who was being arried, it !elt old# he said man looAed very weaA liAe a vegetable# 10# 5e!erino Ds(ina y Jabay testied that he worAed as a seurity guard at the J#$# %i&al 'os(ital and was assigned at the emergeny room# t around 3:00 oBloA in the early morning o! January 14, 2006, he was with another seurity guard, belardo @atividad and hos(ital hel(er "anilo lindo a#A#a# ringo, when a triyle arrived at the emergeny room ontaining !our 47 (assengers, eluding the driver# 'e was an armBs length away !rom said triyle# 'e identied two o! the (assengers thereo! as a((ellants "ungo and 5ibal# Ds(ina said he and linda hel(ed the (assengers unload a body inside the triyle and brought it to the emergeny room# 11# !terwards, Ds(ina asAed the two men !or identiation ards# he latter re(lied that they did not bring with them any >#"# or wallet# >nstead o! giving their true names, the a((ellants listed down their names in the hos(ital logbooA as Crandon on&ales y /an&on and Jeriho $aril y %ivera# Ds(ina then told the two men not to leave, not telling them that they seretly alled the (olie to re(ort the inident whih was their standard o(erating (roedure when a dead body was brought to the hos(ital# 12# "r# %amon Masilungan, who was then the attending (hysiian at the emergeny room, observed that Marlon was motionless, had no heartbeat and already yanoti#
13# "r# Masilungan tried to revive Marlon !or about 1) to 20 minutes# 'owever, the latter did not res(ond to resusitation and was (ronouned dead# "r# Masilungan notied a big ontusion hematoma on the le!t side o! the vitimBs !ae and several in*uries on his arms and legs# 'e !urther attested that MarlonBs !ae was already yanoti# 14# ?hen "r# Masilungan (ulled down MarlonBs (ants, he saw a large ontusion on both legs whih etended !rom the u((er (ortion o! his thigh down to the ou(leial (ortion or the baA o! the Anee# 1)# "ue to the nature, etent and loation o! MarlonBs in*uries, "r# Masilungan o(ined that he was a vitim o! ha&ing# "r# Masilungan is !amiliar with ha&ing in*uries, having undergone ha&ing when he was a student and also beause o! his e(eriene treating vitims o! ha&ing inidents# 16# "r# %oy -amarillo, Medio./egal Oer o! the $@$ -rime /aboratory in %egion >V, -am( Viente /im, -anlubang, -alamba -ity, testied that he (er!ormed an auto(sy on the adaver o! the vitim on January 14 2006G that the vitimBs ause o! death was blunt head trauma# 9rom 1<<< to 2006, he was able to ondut (ost.mortem eamination o! the two 27 (ersons whose deaths were attributed to ha&ing# hese two 27 (ersons sustained multi(le ontusions and in*uries on di=erent (arts o! their body, (artiularly on the buttoAs, on both u((er and lower etremities# Coth (ersons died o! brain hemorrhage# -orrelating these two ases to the in*uries !ound on the vitimBs body, "r# -amarillo attested that the vitim, Marlon Villanueva, sustained similar in*uries to those two 27 (ersons# Cased on the (resene o! multi(le in*uries and ontusions on his body, he o(ined that these in*uries were ha&ing.related#
