Case Summary (G.R. No. 85215)
Incident and Charges
Diego Testor was requested to deliver fish to the constabulary detachment commanded by Sergeant Dario Margen. After trading the fish for camote due to his need to feed his children, Testor was summoned to account for what Sergeant Margen perceived as a breach of trust. In a fit of anger, Margen assaulted Testor and ordered others, including Midoranda, to assist in brutalizing him. Testor was forced to consume raw fish, and after this ordeal, he was taken to Calbayog where he succumbed to his injuries the following day.
Medical Findings and Legal Proceedings
An autopsy revealed that Testor died from internal hemorrhage caused by perforation of the intestines due to fish bones. The prosecution charged Margen, Tarrayo, and Midoranda with murder, but only Midoranda was tried as the other two defendants evaded arrest. The evidence, including eyewitness testimonies, established Midoranda's active participation in the abuse that led to Testor’s death, contradicting his claim of merely observing the events.
Defense Argument
Midroanda's defense rested on the assertion that he acted under the orders of his superior, Sergeant Margen. The argument posited that without proof of conspiracy, he should not be held liable for murder. However, legal provisions in Article 11, paragraph 6 of the Revised Penal Code stipulate that obedience to a superior's order may only exempt one from liability if the order serves a lawful purpose.
Court's Analysis and Conclusion
The court found that the orders given to harm Testor were illegal, as they involved inhumane punishment for a minor offense. Further, it underscored that Midoranda participated in actions fueled not only by duty but also by a personal grievance against Testor for the alleged misappropriation of food intended for th
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Case Overview
- The case involves an appeal from the Court of First Instance of Samar concerning the conviction of Andres Midoranda for the murder of Diego Testor.
- The judgment sentenced Midoranda to life imprisonment with perpetual absolute disqualification, ordered him to indemnify the heirs of the deceased in the amount of P2,000, and required him to pay costs.
Factual Background
- Prior to March 11, 1944, Diego Testor was asked by Ponting to deliver fish to a constabulary detachment in Trinidad, Calbayog, Samar.
- In need of food for his children, Testor traded the fish for camote (sweet potato).
- Sgt. Dario Margen summoned Testor to explain his actions, which led Testor to the barracks with kalapion fish as an explanation.
- Margen reacted violently, throwing the fish in Testor's face, tying his hands, and physically assaulting him.
- Three soldiers, including Midoranda, participated in the maltreatment by hitting Testor.
- They forced Testor to consume two kalapion fish, with Midoranda assisting in the act of restraint.
- Testor died the ne