Case Summary (G.R. No. 92163)
Chronology of Events
- A drinking session on the evening of October 15, 1992, at the Ortega residence.
- Victim went to relieve himself; Ortega Jr. followed and stabbed him repeatedly.
- Witness Diosdado Quitlong and others saw Ortega Jr. stabbing the victim in a canal.
- Romeo Ortega, Benjamin Ortega Jr., and Manuel Garcia lifted the still-living victim, dropped him head-first into a well, and heaved stones on top.
- Quitlong reported the crime to Col. Leonardo Orig and the police; appellants were arrested.
- RTC Valenzuela convicted both appellants of murder (Feb. 9, 1994); appeal taken to the Supreme Court.
Trial Court Verdict and Rationale
- Convictions: Murder under treachery, premeditation, abuse of superior strength
- Penalty: Reclusion perpetua each; P35,000 funeral expenses; P50,000 death indemnity
- Finding: Concerted design to finish off the victim by throwing him alive into a water-filled well
Supreme Court Issues on Appeal
- Was there conspiracy among appellants and Romeo Ortega to kill the victim by drowning?
- Was the victim still alive when placed in the well?
- Should Manuel Garcia be acquitted?
- Did Benjamin Ortega Jr.’s act amount to murder or only homicide?
Applicable Law
- 1987 Constitution, Article III, Section 14(2): Right to be informed of the nature and cause of the accusation
- Revised Penal Code:
• Article 4(1) (praeter intentionem)
• Article 19(2) and Article 20 (accessories after the fact; exemption of certain relatives)
• Article 248 (murder) and Article 249 (homicide)
Supreme Court Analysis: Ortega’s Liability
- Credibility: Trial court’s assessment of eyewitness Quitlong upheld; defense alibi and denial found implausible.
- Fact-finding: No evidence of treachery or premeditation; abuse of superior strength not established (force used was not grossly disproportionate).
- Legal Conclusion: Stabbing under the circumstances qualifies as homicide, not murder.
Supreme Court Analysis: Garcia’s Liability
- Participation: Garcia did not stab; he assisted only in concealing and disposing of the body.
- Medical Evidence: Autopsy showed muddy particles in airway and stomach—victim was alive when submerged and died of drowning.
- Praeter Intentionem: Garcia’s concealment felony directly and naturally caused the victim’s death.
- Constitutional and Statutory Barriers:
• Information charged only stabbing-murder; charging Garcia for homicide violates his right to be informed (Art. III, Sec. 14(2)).
• As Ortega Jr.’s brother-in-law, Garcia is exemp
Case Syllabus (G.R. No. 92163)
Statement of the Case
- Joint appeal by Benjamin Ortega, Jr. and Manuel Garcia from the RTC of Valenzuela, Branch 171 Decision dated February 9, 1994, finding them guilty of murder.
- Information dated October 19, 1992, charged appellants with the murder of Andre Mar Masangkay “with treachery and evident premeditation” by repeated stabbing.
- During arraignment, appellants pleaded not guilty; John Doe was at large.
- Post-judgment, John Doe was identified as Romeo Ortega; trial court ordered a preliminary investigation into his liability.
- Notice of Appeal filed March 9, 1994, by Atty. Evaristo P. Velicaria.
Facts of the Case
- On October 15, 1992, at about 5:30 p.m., a drinking session took place near Benjamin Ortega, Jr.’s home in Valenzuela involving Quitlong, Masangkay, Caranto, Romeo Ortega, San Andres, and Boyet.
- Ortega, Jr. and Garcia arrived drunk around 11 p.m.; Masangkay answered nature’s call at the back of the house.
- Witness Quitlong heard Masangkay cry “Donat, help me!” and saw Ortega, Jr. on top of the victim, stabbing him with a long blade.
- Romeo Ortega, Ortega, Jr., and Garcia lifted the wounded victim from a canal, dumped him headfirst into a deep well, and threw heavy stones to conceal him.
- Quitlong returned home but, troubled by conscience, reported the incident to his mother and then to Col. Orig and the police.
- Police recovered the body the next morning; autopsy revealed 13 stab wounds and drowning injuries.
Evidence for the Prosecution
- Diosdado Quitlong’s sworn statement described in detail the stabbing by Ortega, Jr., the subsequent concealment of the still-alive victim in the well, and threats to silence him.
- PNP Superintendent Leonardo Orig testified to the recovery of the well-submerged body with multiple stab wounds.
- NBI Medico-Legal Officer Dr. Ludivico Lagat’s autopsy report:
- Thirteen stab wounds, contusions aro