Title
People vs. Ortiz
Case
G.R. No. 35071
Decision Date
Aug 27, 1931
Blas Ortiz and Modesta Zausa charged with homicide after Zausa fatally stabbed Sotero Bancoyo during a dispute over water; Ortiz acquitted, Zausa convicted.

Case Summary (G.R. No. L-30001)

Charges and Initial Proceedings

Bias Ortiz and Modesta Zausa were indicted for homicide, accusing them of conspiring and assisting one another to unlawfully kill Bancoyo using a bamboo spear. Both defendants pleaded not guilty and were eventually tried in the Court of First Instance of Capiz, which found them guilty and sentenced each to fourteen years, eight months, and one day of reclusion temporal, in addition to ordering restitution of P1,000 to the heirs of the deceased and the payment of costs.

Allegations of Error

The appellants raised several errors in their appeal. They contended that the trial court incorrectly favored the prosecution’s witnesses over their own and misjudged the circumstances surrounding the death of Bancoyo. Specifically, they argued that Bias Ortiz acted in self-defense and challenged the court's assertion that Ortiz had attempted to mislead the investigation by placing a shotgun next to the corpse of Bancoyo.

Evaluating the Evidence

The court undertook a careful examination of both parol and documentary evidence. It established that prior animosity existed between the deceased and the appellants due to the confiscation of certain cedula certificates associated with Bancoyo. On the day of the incident, while Bancoyo sought water from the defendants' house, an aggressive confrontation ensued, culminating in Zausa stabbing Bancoyo after a struggle had developed between him and Ortiz.

Testimonies and Their Impact

Witness testimonies, including that of Bancoyo's ante mortem declaration, in conjunction with corroborating accounts from other witnesses, supported the prosecution's narrative. The evidence indicated that Ortiz initiated the conflict by pointing a shotgun at Bancoyo, leading to a physical struggle during which Zausa intervened with a spear, inflicting a fatal wound.

Defense's Position

The defense asserted that they had provided credible evidence, arguing that the shotgun belonged to Bancoyo, which was challenged by witnesses confirming it belonged to Ortiz. The defense emphasized that Ortiz's actions were defensive in nature, claiming he did not intend to kill and had no premeditated plan to attack Bancoyo, which raised questions about criminal liability.

Court's Finding on Criminal Responsibility

The ruling established that while Ortiz initiated the encounter, his actions did not equate to complicity in Zausa's stabbing of Bancoyo. The court cited precedents to support the

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