Case Digest (G.R. No. 116736)
Facts:
People of the Philippines v. Benjamin Ortega, Jr. y Conje, Manuel Garcia y Rivera and John Doe, G.R. No. 116736, July 24, 1997, Supreme Court Third Division, Panganiban, J., writing for the Court. The appeal followed the Regional Trial Court of Valenzuela, Branch 171 Decision of February 9, 1994 (Judge Adriano R. Osorio) that found Benjamin Ortega, Jr. and Manuel Garcia guilty of murder; a Notice of Appeal was filed and the joint appeal was brought to the Supreme Court as G.R. No. 116736.The Information (October 19, 1992) charged the appellants with conspiring to attack, assault and stab repeatedly Andre Mar Masangkay, alleging treachery, evident premeditation, abuse of superior strength and deliberate intent to kill. At arraignment both appellants pleaded not guilty; John Doe (later identified as Romeo Ortega) was at large. After trial the RTC convicted both accused of murder and imposed reclusion perpetua and awards for funeral expenses and death indemnity.
Prosecution witnesses, principally Diosdado Quitlong, related that during a drinking session Masangkay went to the back of the house and cried for help; Quitlong and another saw Ortega on top of Masangkay stabbing him. Quitlong testified that he, Romeo Ortega, Benjamin Ortega, Jr. and Manuel Garcia lifted Masangkay’s body and dumped it head-first into a well, dropping big stones on it; Quitlong later reported the incident to police. Police and PNP Superintendent Leonardo Orig recovered the body from the well; arrest of Ortega and Garcia followed.
The NBI medico-legal officer, Dr. Ludivico J. Lagat, performed the autopsy and reported 13 stab wounds and “asphyxia by submersion in water,” with muddy particles in the tracheo‑bronchial tree and stomach, indicating that the victim inhaled muddy water while still alive. The medico-legal conclusion was that death resulted from multiple stab wounds with contributory asphyxia by submersion.
Defense witnesses, including appellants, advanced versions of denial and alibi. Garcia claimed he spent part of the relevant day attending to a sick child and was home asleep when police arrested him the next morning; Ortega claimed he was assaulted by Masangkay, was stabbed and otherwise injured, and that Quitlong had stabbed the deceased repeatedly. The RTC accepted the prosecution’s eyewitnesses as credible and found cons...(Pro-only)
Issues:
- Was the conviction of Benjamin Ortega, Jr. for murder correct, or should it be reduced to homicide?
- Can Manuel Garcia be convicted of homicide (as principal or accessory) for the victim’s drowning despite the Information charging murder by stabbing, or...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)