People vs. Lising, 285 SCRA 595 (G.R. No. 106210), (Jan. 30, 1998)
People vs. Lising, 285 SCRA 595 (G.R. No. 106210), (Jan. 30, 1998)
30, 1998)
FACTS:
Manalili, thru Garcia, contracted Lising to affect the arrest of Robert
Herrera the suspect in killing his brother. Unfortunately, Lising and his
companions arrested and killed wrong persons. The trial court found the
defendants guilty of the crime of double murder qualified with treachery and
aggravated by premeditation. Garcia prays that his liability be mitigated on
grounds of lack of intent or motive, acts made under the compulsion of an
irresistible force and in the impulse of uncontrollable fear of an equal or
greater injury.
ISSUE:
Whether or not Garcia acted under the compulsion of an irresistible
force and in the impulse of uncontrollable fear.
RULING:
No, Garcia did not act under the compulsion of an irresistible force and
in the impulse of uncontrollable fear. The court ruled that to be exempt from
criminal liability, a person invoking irresistible force or uncontrollable fear
must show that the force exerted was such that it reduced him to a mere
instrument who acted not only without will but against his will. The
compulsion must be of some character as to leave the accused no
opportunity for self-defense in equal combat or for escape.
Garcia's participation and presence from the time the abduction was
hatched, up to the killing of the victims is undisputed. He was very well
aware of Manalili's plans. He was instrumental in introducing Lising to
Manalili. Likewise, Lising's intention to silence both Cochise and Beebom at
the end upon realizing an alleged mistake was known to him. He did not do
anything to deter the commission or to report the crimes immediately
thereafter. In fact, he stated that he and Lising saw each other after the
incident but never mentioned anything about it, which only goes to show
their intention of concealing the crime.