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  • People vs. Lising, 285 SCRA 595 (G.R. No. 106210), (Jan. 30, 1998)

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    Garcia contracted Lising to arrest the suspect in the killing of Manalili's brother, but Lising arrested and killed the wrong people. Garcia claimed he should not be liable because he acted under compulsion or fear. The court ruled against Garcia, finding he was aware of and participated in the plans from the start, introduced Lising to Manalili, and did nothing to stop the crimes or report them, showing he intended to conceal them.

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    Garcia contracted Lising to arrest the suspect in the killing of Manalili's brother, but Lising arrested and killed the wrong people. Garcia claimed he should not be liable because he acted under compulsion or fear. The court ruled against Garcia, finding he was aware of and participated in the plans from the start, introduced Lising to Manalili, and did nothing to stop the crimes or report them, showing he intended to conceal them.

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    People vs. Lising, 285 SCRA 595 (G.R. No. 106210), (Jan. 30, 1998)

    Uploaded by

    ryusei
    Garcia contracted Lising to arrest the suspect in the killing of Manalili's brother, but Lising arrested and killed the wrong people. Garcia claimed he should not be liable because he acted under compulsion or fear. The court ruled against Garcia, finding he was aware of and participated in the plans from the start, introduced Lising to Manalili, and did nothing to stop the crimes or report them, showing he intended to conceal them.

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    © All Rights Reserved
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    People vs. Lising, 285 SCRA 595 [G.R. No. 106210], (Jan.

    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.

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