G.R. No. 123070 - People vs. Buntag

Appellants Casiano Buntag alias "Ciano" and Diego Bongo were charged with murder for the killing of Berno Georg Otte, a German national and tourist, in Panglao, Bohol, on February 9, 1992.
They were accused of willfully stabbing Otte with a bladed weapon with treachery, causing his immediate death.
The charge was filed under Article 248 in relation to Article 14 of the Revised Penal Code.

Otte checked in at Alona Ville Beach Resort and was assigned Room No. 9.
On the night/S early morning of February 8-9, 1992, Otte went to a disco party in lower Tawala, where he was seen with unknown companions.
Isidro A. Mihangos and Benigno Guigue saw a man (later identified as Otte) lying on the road around 2:00 a.m. and subsequently encountered appellants Buntag and Bongo, who lunged at them causing them to flee.
Police and Municipal Health Officer Dr. Julita L. Cogo confirmed Otte’s death by a stab wound to the chest with a hunting knife found at the scene.

Police investigated and took statements from witnesses Mihangos and Guigue and took custody of the hunting knife.
Diego Bongo admitted to taking Otte’s room key and hiding it near his house, also implicated himself and Buntag as being with the victim at the time of the incident.
Casiano Buntag initially kept silent but later gave a sworn statement detailing the stabbing: Bongo stabbed Otte after an altercation, and Buntag refused to participate but fled the scene.
Appellant Bongo submitted a counter-affidavit claiming instead that Buntag was the one who stabbed Otte during an altercation.

Appellants moved to be witnesses for the prosecution, asserting their testimony was necessary, but the motion was denied.
Both pleaded not guilty.
The trial court admitted the extrajudicial sworn statement of Buntag and the counter-affidavit of Bongo as evidence despite hearsay objections.
Neither defendant testified during the trial.
The prosecution presented testimonies including Judge Antonio G. Sarce who handled the preliminary investigation and identified the statements, and documents including the key, the knife, and autopsy report.

The RTC found both appellants guilty of murder and sentenced them to reclusion perpetua, ordering P50,000 in moral damages to the victim’s heirs.
The appellants filed this appeal, raising issues related to proof of conspiracy, factual guilt of murder, and liability for damages.

Whether appellants are guilty of murder with the qualifying circumstance of treachery.
Whether appellants are liable for moral damages to the heirs of the victim.