dungo and sibal vs people of ph

8/16/2019 Dungo and Sibal vs People of PH

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G.R. NO. 209464

DUNGO AND SIBAL JR VS PEOPLE OF THE PH

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 notied big ontusion hematoma on the !ae and several in*uries on the

(atient+s arms and leg# !ter (ulling down, Villanueva+s (ants, he saw 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 initiation rites# On 9ebruary , 2006, the Oe o! the -ity $roseutor o!

-alamba, /aguna, led in!ormation !or the violation o! % ;04< or the anti.ha&ing

law against "ungo and 5ibal Jr be!ore the %egional rial -ourt# he (roseutor

(resented several witnesses to (rove the (resene o! the aused in the initiation

rites# he (roseution argued that under % ;04ssue:

1# ?hether or not the dis(utable (resum(tion o! (artii(ation under 5etion

4 o! % ;04< is unonstitutional !or violation o! the right o! the aused to

be (resumed innoent#2# ?hether or not irumstantial evidene is enough to (rove the guilt o! an

aused beyond reasonable doubt#

%uling:


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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&ationmates# 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#


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)# 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 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, testiedthat 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#


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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! deathwas blunt head trauma# 9rom 1

dungo and sibal vs people of ph

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