G.R. No. 180122 - Lazarte, Jr. vs. Sandiganbayan

On October 17, 1992, State Prosecutor Bernardo S. Razon filed an Information in RTC Branch 171, Valenzuela, charging Benjamin Ortega, Jr. and Manuel Garcia y Rivera with murder of Andre Mar Masangkay y Abbola. The Information alleged conspiracy, treachery, evident premeditation, abuse of superior strength, and deliberate intent to kill by repeated stabbing.
During arraignment, both accused pleaded not guilty; John Doe (later identified as Romeo Ortega) remained at large.

Diosdado Quitlong testified that on October 15, 1992, during a drinking spree, he heard the victim cry for help while answering the call of nature. He saw Benjamin Ortega, Jr. stabbing Masangkay in a canal, then, together with Romeo Ortega and Manuel Garcia, lift the still‐breathing victim, drop him headfirst into a well, and cover him with large stones. He reported the incident to police.
PNP Supt. Leonardo Orig corroborated removal of stones and recovery of the victim’s body with multiple stab wounds from the well.
Dr. Ludivico J. Lagat (NBI medico‐legal officer) conducted autopsy on October 16, 1992, finding 13 stab wounds and muddy particles in the airway, lungs, stomach—establishing multiple stab wounds as cause of death with contributory asphyxia by submersion in water.

Manuel Garcia testified he spent early October 15 at the hospital with his sick daughter, then went to work; he later joined Ortega for a brief drinking session before going home, performing a ritual (atawas), and sleeping; he denied involvement in the stabbing or concealment.
Maritess Garcia corroborated her husband’s alibi and named other drinking companions.
Benjamin Ortega, Jr. claimed the victim initiated an unprovoked assault behind the house, punching and stabbing him; Quitlong intervened, wrested the knife, and stabbed Masangkay ten times; Ortega said he then treated his wounds, slept at home, and learned of the body only the next morning.

RTC Branch 171 found conspiracy, abuse of superior strength, and concerted action in disposing of the still‐living victim, convicting both appellants of murder.
Sentenced them to reclusion perpetua, ordered payment of P35,000 for funeral expenses and P50,000 for death indemnity.

Whether there was a conspiracy among Benjamin Ortega, Jr., Manuel Garcia, and Romeo Ortega to kill the victim.
Whether the victim was still alive when his body was dumped into the well.
Whether Manuel Garcia is criminally liable as principal or accessory.
Whether Benjamin Ortega, Jr.’s offense corresponds to murder or only homicide.