G.R. No. L-48883 - People vs. Seneris

On February 8, 1978, the Assistant Provincial Fiscal filed an amended information for parricide (Criminal Case No. 1742) charging Pilar Angeles de Pimentel as principal by inducement, Mario Nemenio y delos Santos and Salim Doe as principals by direct participation, and Moises Andaya y Julkanain as accomplice, for the stabbing death on September 6, 1977 of Eduardo Pimentel y Orario.
On January 17, 1978, private respondent Pilar Angeles de Pimentel was granted a separate trial.

On February 22, 1978, Mario Nemenio pled guilty to murder (mitigated by reward-circumstance) and was sentenced; he then offered to testify for the prosecution against co-accused Pilar.
Nemenio testified on direct examination on February 28, March 6, and March 22, 1978, recounting that he and Salim Doe were hired by Pilar for ₱3,000 to kill Eduardo, that Pilar pointed out her husband, and that he stabbed Eduardo.

On March 22, 1978, defense counsel reserved cross-examination pending review of the transcript; hearing was set for April 19 but no subpoena was served.
Cross-examination commenced on June 7, 1978 but adjourned for lack of time and scheduled to resume July 3. On June 21, 1978, the witness was shot dead while escaping custody.

On July 20, 1978, the prosecution moved for a ruling on admissibility of the deceased witness’s testimony.
On August 4, 1978, the respondent judge, relying on Ortigas v. Lufthansa (64 SCRA 610), declared the entire testimony inadmissible due to incomplete cross-examination.

Whether the trial court gravely abused its discretion in excluding all of Mario Nemenio’s testimony because cross-examination was incomplete due to the witness’s death.
Whether the Lufthansa rule on inadmissibility of uncompleted testimony applies when non-completion arises from a fortuitous event (death) rather than fault of the offering party.
Whether the defense’s cross-examination had already covered the essential elements of parricide, thus permitting admission of the direct testimony except for untapped portions concerning reward.