G.R. No. 116736 - People vs. Ortega, Jr. y Conje

People of the Philippines was the plaintiff-appellee.
Benjamin Ortega, Jr. y Conje and Manuel Garcia y Rivera were accused-appellants; John Doe was initially at large and later identified as Romeo Ortega.
An Information dated October 19, 1992 charged the accused with murder by repeated stabbing, alleging conspiracy, treachery, evident premeditation, abuse of superior strength, and deliberate intent to kill.
The accused pleaded not guilty at arraignment and were tried in the Regional Trial Court, Branch 171, Valenzuela, Metro Manila.
The trial court rendered a Decision dated February 9, 1994 finding both appellants guilty of murder and sentencing them to reclusion perpetua and to pay P35,000.00 for funeral expenses and P50,000.00 as death indemnity.
A Notice of Appeal dated March 9, 1994 was filed by counsel who replaced the Public Attorneys Office.

Eyewitness Diosdado Quitlong testified that on October 15, 1992 he joined a drinking session where the victim Andre Mar Masangkay was present and that later he heard the victim cry "Huwag, tulungan ninyo ako."
Quitlong said he ran to the back of the house and saw Benjamin Ortega, Jr. on top of the victim stabbing him.
Quitlong testified that he, Romeo Ortega, Benjamin Ortega, Jr., and Manuel Garcia lifted the victim from a canal, brought him to a well, dropped him inside, and threw large stones on the body.
Quitlong reported the incident to Col. Leonardo Orig and to the police; police later apprehended Benjamin Ortega, Jr. and Manuel Garcia.
PNP Superintendent Leonardo Orig corroborated that Quitlong summoned him; police removed stones from a well and recovered the body with several stab wounds.
NBI Medico-Legal Officer Dr. Ludivico J. Lagat performed the autopsy on October 16, 1992 and testified to thirteen stab wounds and "asphyxia by submersion in water."
Dr. Lagat testified that the tracheo-bronchial tree, lungs, and stomach contained muddy particles consistent with inhalation and ingestion while the victim was alive.

Appellant Manuel Garcia testified to an alibi that he took his feverish daughter to the Polo Emergency Hospital on October 15, 1992 and later stayed home performing *tawas* with his mother-in-law; his ...(Subscriber-Only)

Whether the trial court erred in finding conspiracy among the accused based on the prosecution evidence regarding lifting and dumping the body into the well.
Whether the trial court erred in finding that Andre Mar Masangkay was alive when his body was dropped into the well.
Whether the trial court erred in convicting Manuel Garcia and not acquitting him.
Whether the trial court erred in not finding that Benjamin Ortega, Jr. is guilty only of homicide rather than murder.

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