Criminal Law Case NO.

24
Group 4 Darwin Bradecina

PEOPLE OF THE PHILIPPINES, plaintif-appellee,

vs.
BENJAMIN ORTEGA, JR. and Manuel Garcia, accused-appellants
G.R. No. 116736 July 24, 1997

FACTS:
On October 15, 1992 at 5:30 in the afternoon, Andre Mar Masangkay, Ariel
Caranto, Romeo Ortega, Roberto San Andres and Diosdado Quitlong were
having a drinking spree in the compound near the house of Benjamin
Ortega, Jr. On October 15, 1992 11:00 pm, the accused Benjamin Ortega, Jr.
and Manuel Garcia who were already drank joined them. At about 12:30
a.m of October 16, 1992 the victim Andre Mar Masangkay answered the call
of nature and went to the back portion of the house. Benjamin Ortega, Jr.
followed him and suddenly, they heard a shout from Andre Dont, help me!
(Huwag, tulungan ninyo ako!)
Diosdado and Ariel ran and saw Benjamin on top of Andre who was
lying down being stabbed. Ariel got Benjamin Ortega, Sr., Benjamins
father while Diosdado called Romeo to pacify his brother. Romeo, Benjamin
and Manuel lifted Andre from the canal and dropped him in the well. They
dropped stones to Andres body to weigh the body down. Romeo warned
Diosdado not to tell anybody what he saw. He agreed so he was allowed to
go home. But, his conscience bothered him so he told his mother, reported
it to the police and accompanied them to the crime scene.
Manuel Garcia alibi
o He was asked to go home by his wife to fetch his mother-in-law who
performed a ritual called tawas on his sick daughter and stayed home
after
Benjamin Ortega, Jr. story
o After Masangkay left, he left to urinate and he saw Andre peeking
through the room of his sister Raquel. Then, Andre approached him to ask
where his sister was. When he answered he didnt know, Andre punched
him so he bled and fell to the ground. Andre drew a knife and stabbed him,
hitting him on the left arm, thereby immobilizing him. Andre then gripped
his neck with his left arm and threatened to kill him. Unable to move,

Ortega shouted for help. Quitlong came, seized the knife and stabbed
Andre 10 times with it. Andre then ran towards the direction of the well.
Then, he tended his wound in the lips and armpit and slept.

ISSUE:
Whether or not Benjamin and Manuel should be liable for murder.

HELD:
NO. PARTLY GRANTED. Benjamin is guilty only of homicide. Manuel
deserves acquittal
If Ortegas version of the assault was true, he should have immediately
reported the matter to the police authorities. If Ortegas version of the
assault was true, he should have immediately reported the matter to the
police authorities. It is incredible that Diosdado would stab Andre 10 times
successively, completely ignoring Benjamin who was grappling with
Masangkay and that Andre was choking him while being stabbed.
Abuse of superior strength requires deliberate intent on the part of the
accused to take advantage of such superiority none shown
o Andre was a 6-footer, whereas Ortega, Jr. was only 54
Article 4, par. 1, of the Revised Penal Code states that criminal liability
shall be incurred by any person committing a felony (delito) although the
wrongful act done be different from that which he intended.
o The essential requisites
1. The intended act is felonious assisting Benjamin by carrying the body
to the well
2. The resulting act is likewise a felony - concealing the body of the crime
to prevent its discovery
3. The unintended albeit graver wrong was primarily caused by the actors
wrongful acts (praeter intentionem) still alive and was drowned to death
a person may be convicted of homicide although he had no original
intent to kill
Garcia is a brother-in-law of Benjamin
o Exempt by Article 20 of RPC

ART. 20. Accessories who are exempt from criminal liability. -- The
penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the
same degrees with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.
The penalty for homicide is reclusion temporal under Article 249 of the
Revised Penal Code, which is imposable in its medium period, absent any
aggravating or mitigating circumstance, as in the case of Appellant Ortega.
Because he is entitled to the benefits of the Indeterminate Sentence Law,
the minimum term shall be one degree lower, that is, prision mayor.