12. People Vs. Oliva.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs. Oliva (G.R. No. 106826)

Facts: The plaintiff-appellee is the People of the Philippines. The accused are Oscar Oliva, Edgar Manlapaz, etc. In the case at bar, on the morning of May 26, 1986, a certain Jacinto Magbojos Jr. left their house to count coconuts at his father’s coconut land uphill. Later on, certain Cinco and Ibaya went to Magbojos’ house. They were informed by Magbojos’ child that the latter’s father went uphill. When the victim Magbojos arrived home, four persons also arrived and entered the house. The victim was hogtied by tying his hands at his back, and was told by the group to go out. Prior to that, a resident Inopia had visitors in his house, Oliva and Salcedo and another two armed men named Manlapaz and Cinco. The said visiotrs asked why yhet were in his house, and Oliva replied, saying that they were on a mission to get Magbojos, and warned not to report to police authority, otherwise he will be killed. Three years later, after the alleged capture of Magbojos, the victim’s elder brother met a certain Levelito telling him that he know the place where the victim’s body was buried because he was present when the victim was buried as he was asked to accompany the herein accused. Thus, they were prosecuted for the crime of murder and were held guilty by the trial court. On appeal, they said that the trial court erred in trying them for murder considering that they were members of CPP.

Issue: Whether or not they could be held liable for the crime of murder.

Held: The Supreme Court said that the killing was not in furtherance of rebellion. There were no factual and legal basis that the killing of the victim was politically motivated. Also, the Supreme Court said that mere killing by a rebel does not necessarily mean that such killing is politically motivated. Hence, all the accused may be held guilty and liable for the crim of murder.