Case Digest (G.R. No. 123070)
Facts:
People of the Philippines v. Casiano Buntag alias Ciano and Diego Bongo, G.R. No. 123070, April 14, 2004, Supreme Court Second Division, Callejo, Sr., J., writing for the Court. The appellants were convicted by the Regional Trial Court (RTC) of Tagbilaran City, Branch 3, in Criminal Case No. 7729 for the killing of Berno Georg Otte, a German national, and each sentenced to reclusion perpetua with an award of P50,000 moral damages; they appealed to this Court (G.R. No. 123070).On February 8–9, 1992, Otte stayed at Alona Ville Beach Resort in Panglao, Bohol and attended a disco. Early on February 9 his body was found by the roadside with a stab wound; a hunting knife was recovered about one meter from the cadaver and the municipal health officer performed an autopsy showing a single fatal stab to the anterior right chest. Two teenagers, Isidro Mihangos and Benigno Guigue, testified they saw the body, later encountered appellants Buntag and Bongo, and observed the two lunging at them which caused the youths to flee and later return to find the appellants gone.
Police investigation led to the recovery of the key to Otte’s room at a place indicated by Bongo; Bongo admitted to having hidden the key. Bongo gave a counter-affidavit admitting presence at the scene and that he had a hunting knife; Buntag executed a sworn statement implicating Bongo as the stabber but claiming he was ordered to box Otte and fled. Both affidavits were made during the preliminary investigation before the Municipal Circuit Trial Court (MCTC) and identified at trial by Judge Antonio Sarce, who testified and was cross-examined. The MCTC found probable cause and the case was elevated to the RTC.
At trial the prosecution offered the hunting knife, the room key, Buntag’s sworn statement and Bongo’s counter-affidavit and other witnesses; the trial court admitted these exhibits over hearsay objections by the appellants. The appellants did not testify; they filed a motion to acquit which the RTC denied. On August 14, 1995 the RTC convicted both appellants of murder (Art. 248, RPC) and sentenced them to reclusion perpetua, ordering payment of P50,000 moral damages to the heirs. The appellants appealed to the Supreme Court.
The Supreme Court Second Division reviewed whether the extrajudicial statements and the other circumstantial eviden...(Pro-only)
Issues:
- Were the extrajudicial statements/affidavits of one accused admissible and sufficient against the co-accused absent repetition in open court and cross-examination?
- Did the prosecution prove beyond reasonable doubt that the appellants conspired to kill the victim and that they were the killers?
- Was the killing proved to be murder (with treachery) or only homicide?
- Were moral damages properly awarded, an...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)