People v. Roberto Estrada (Sentencing the accused-appellant to death is vacated and conduct of a proper mental examination).

In the morning of December 27, 1994, at the St. Johns Cathedral, Dagupan City, the sacrament of confirmation was being performed by the Roman Catholic Bishop of Dagupan City on the children of Dagupan. The cathedral was filled with more than a thousand people. At 11:00 A.M., nearing the close of the rites, the Bishop went down the altar to give his final blessing to the children in the front rows. While the Bishop was giving his blessing, a man from the crowd went up and walked towards the center of the altar. He stopped beside the Bishops chair, turned around and, in full view of the Catholic faithful, sat on the Bishops chair. The man was accused-appellant. Crisanto Santillan, who was assisting the Bishop at the rites, saw accused-appellant. Santillan approached accused-appellant and requested him to vacate the Bishops chair. Gripping the chairs armrest, accused-appellant replied in Pangasinese: No matter what will happen, I will not move out! Hearing this, Santillan moved away.[6] Some of the churchgoers summoned Rogelio Mararac, the security guard at the cathedral. Mararac went near accused-appellant and told him to vacate the Bishops chair. Accused-appellant stared intensely at the guard. Mararac grabbed his nightstick and used it to tap accused-appellants hand on the armrest. Appellant did not budge. Again, Mararac tapped the latters hand. Still no reaction. Mararac was about to strike again when suddenly accused-appellant drew a knife from his back, lunged at Mararac and stabbed him, hitting him below his left throat. Mararac fell. Accusedappellant went over the victim and tried to stab him again but Mararac parried his thrust. Accusedappellant looked up and around him. He got up, went to the microphone and shouted: Anggapuy nayan dia! (No one can beat me here!). He returned to the Bishops chair and sat on it again. Mararac, wounded and bleeding, slowly dragged himself down the altar. [7] Meanwhile, SPO1 Conrado Francisco, who was directing traffic outside, received a report of a commotion inside the cathedral. Rushing to the cathedral, SPO1 Francisco saw a man, accusedappellant, with red stains on his shirt and a knife in one hand sitting on a chair at the center of the altar. He ran to accused-appellant and advised him to drop the knife. Accused-appellant obeyed. He dropped the knife and raised his hands. Thereupon, Chief Inspector Wendy Rosario, Deputy Police Chief, Dagupan City, who was attending the confirmation rites at the Cathedral, went near accused-appellant to pick up the knife. Suddenly, accused-appellant embraced Chief Inspector Rosario and the two wrestled with each other. Chief Inspector Rosario was able to subdue accused-appellant. The police came and when they frisked appellant, they found a leather scabbard tucked around his waist. [8] He was brought to the police station and placed in jail. In the meantime, Mararac, the security guard, was brought to the hospital where he expired a few minutes upon arrival. He died of cardio-respiratory arrest, massive, intra-thoracic hemorrhage, stab wound.[9 WON he was indeed insane The fact that accused-appellant was able to answer the questions asked by the trial court is not conclusive evidence that he was competent enough to stand trial and assist in his defense. The trial court took it solely upon itself to determine the sanity of accused-appellant. The trial judge is not a psychiatrist or psychologist or some other expert equipped with the specialized knowledge.

Under the present circumstances, accused-appellants competence to stand trial must be properly ascertained to enable him to participate in his trial meaningfully. Remanded to the court a quo for the conduct of a proper mental examination on accused-appellant, a determination of his competency to stand trial, and for further proceedings.

People v. Ortega (Ortega guilty of homicide; Garcia acquitted under art. 20 of rpc) though Garcia legally killed the deceased. Diosdado Quitlong substantially testified that on October 15, 1992 at about 5:30 in the afternoon, he, the victim Andre Mar Masangkay, Ariel Caranto, Romeo Ortega, Roberto San Andres were having a drinking spree in the compound near the house of Benjamin Ortega, Jr. at Daangbakal, Dalandanan, Valenzuela, Metro Manila. That while they were drinking, accused Benjamin Ortega, Jr. and Manuel Garcia who were [already] drunk arrived and joined them. That victim Andre Mar Masangkay answered the call of nature and went to the back portion of the house. That accused Benjamin Ortega, Jr. followed him and later they [referring to the participants in the drinking session] heard the victim Andre Mar shouted, Dont, help me! (Huwag, tulungan ninyo ako!) That he and Ariel Caranto ran towards the back portion of the house and [they] saw accused Benjamin Ortega, Jr., on top of Andre Mar Masangkay who was lying down in a canal with his face up and stabbing the latter with a long bladed weapon. That Ariel Caranto ran and fetched Benjamin Ortega, Sr., the father of accused Benjamin, Jr. That he [Quitlong] went to Romeo Ortega in the place where they were having the drinking session [for the latter] to pacify his brother Benjamin, Jr. That Romeo Ortega went to the place of the stabbing and together with Benjamin Ortega, Jr. and Manuel Garcia lifted Andre Mar Masangkay from the canal and brought Andre Mar to the well and dropped the latter inside the well. That Romeo Ortega, Benjamin Ortega, Jr. and Manuel Garcia then dropped stones measuring 11 to 12 inches high, 2 feet in length and 11 to 12 inches in weight to the body of Andre Mar Masangkay inside the well. That Romeo Ortega warned him [Quitlong] not to tell anybody of what he saw. That he answered in the affirmative and he was allowed to go home. That his house is about 200 meters from Romeo Ortegas house. That upon reaching home, his conscience bothered him and he told his mother what he witnessed. That he went to the residence of Col. Leonardo Orig and reported the matter. That Col. Orig accompanied him to the Valenzuela Police Station and some police officers went with them to the crime scene. That accused Benjamin Ortega, Jr. and Manuel Garcia were apprehended and were brought to the police station. The trial court erred in finding and holding that Andrew Masangkay was still alive at the time his body was dropped in the well. The trial court erred in convicting Manuel Garcia and in not acquitting the latter of the crime charged

But the autopsy conducted by the NBI medico-legal officer showed that the victim at that time was still alive, and that he died subsequently of drowning.[31] That drowning was the immediate cause of death was medically demonstrated by the muddy particles found in the victims airway, lungs and stomach. 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 Although the prosecution was able to prove that Appellant Garcia assisted in concealing x x x the body of the crime, x x x in order to prevent its discovery, he can neither be convicted as an accessory after the fact defined under Article 19, par. 2, of the Revised Penal Code. The records show that Appellant Garcia is a brother-in-law of Appellant Ortega,[38] the latters sister, Maritess, being his wife.[39] Such relationship exempts Appellant Garcia from criminal liability as provided by Article 20 of the Revised Penal Code: 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.

People v. Toling (Causes danger in the mind of other person) jumping out of the train! Antonio Toling and Jose Toling, twins. Antonio's daughter, Leonora, was working in Manila as a laundrywoman since September, 1964. Jose's three children one girl and two boys, had stayed in Manila also since 1964. Antonio decided to go to Manila after receiving a letter from Leonora telling him that she would give him money. To have money for his expenses, Antonio killed a pig and sold the meat to Jose's wife for sixty pesos. Jose decided to go with Antonio in order to see his children. He was able to raise eighty-five pesos for his expenses. On January 6, 1965 the train, arriving at the Paco railroad station in Manila at about seven o'clock in the morning of January 8th. It was their first trip to the big city. At the Paco station, the twins took a jeepney which brought them to Tondo. Antonio's daughter was working in that store. Accompanied by Juan, an employee of the agency, they proceeded to her employer's establishment. Leonora gave her father fifty pesos. Sencio Rubis Antonio's grandson, gave him thirty pesos. Antonio placed the eighty pesos in the right pocket of his pants. It was then noontime. January 8th, for their homeward trip. After buying their tickets, they boarded the night Bicol express train at about five o'clock in the afternoon. The train left at six o'clock that evening. When the twins boarded the train, the four men followed them. They were facing the twins. They were talking in a low voice. The twins sat on a two passenger seat facing the front door of the coach, the window being on the right of Antonio and Jose being to his left. Two of the four men, whom they were suspecting of having evil intentions towards them, sat on the seat facing them, while the other two seated themselves behind them. Some old women were near them. When the train was already running, the man sitting near the aisle allegedly stood up, approached Antonio and pointed a balisong knife at his throat while the other man who was sitting near the window and who was holding also a balisong knife attempted to pick Antonio's right pocket, threatening him with death if he would not hand over the money. Antonio answered that he would give only one-half of his money provided the man would not hurt him, adding that his (Antonio's) place was still very far. When Antonio felt some pain in his throat, he suddenly drew out his hunting knife or small bolo (eight inches long including the handle) from the back pocket of his pants and stabbed the man with it, causing him to fall to the floor with his balisong. He also stabbed the man who was picking his pocket. Antonio identified the two men whom he had stabbed as those shown in the photographs of Antonio B. Mabisa. While Antonio was stabbing the second man, another person from behind allegedly stabbed him on the forehead, causing him to lose consciousness and to fall on the floor (Antonio has two scars on his forehead and a scar on his chest and left forearm, 85, 87 tsn). He regained consciousness when two Constabulary soldiers raised him. His money was gone. Seeing his brother in a serious condition, Jose stabbed with the scissors the man who had wounded his brother. Jose hit the man in the abdomen. Jose was stabbed in the back by somebody. Jose stabbed also that assailant in the middle part of the abdomen, inflicting a deep wound. However, Jose did not see what happened to the two men whom he had stabbed because he was already weak. He fell down and became unconscious. He identified Exhibit A as the knife used by Antonio and Exhibit B as the scissors which he himself had used. He recovered consciousness when a Constabulary soldier brought him out of the train. Of the twelve persons who perished, eight, whose bodies were found in the train, died from stab wounds, namely: (1) Isabel Felices, 60, housewife, Ginlajon, Sorsogon. (2) Antonio B. Mabisa, 28, married, laborer, Guinayangan, Quezon. (3) Isabelo S. Dando, 45, married, Paracale, Camarines Norte. (4) Susana C. Hernandez, 46, married, housekeeper, Jose Panganiban, Camarines Norte.

(5) Teodoro F. Bautista, 72, married, Nawasa employee, San Juan, Rizal. (6) Modesta R. Brondial 58, married, housekeeper, Legaspi City. (7) Elena B. Erminio 10, student, 12 Liberty Avenue, Cubao, Quezon City and (8) Teresita B. Escanan, 25, housemaid, 66 Menlo Street, Pasay City (Four dead persons were found near the railroad tracks. Apparently, they jumped from the moving train to avoid being killed. They were:

(1) Timoteo U. Dimaano, 53 married, carpenter, Miguelin, Sampaloc, Manila. . (2) Miguel C. Oriarte, 45, married, Dalagan, Lopez, Quezon. (3) Salvador A. Maqueda 52, married, farmer, Lopez, Quezon and (4) Shirley A. Valenciano, 27, married, housekeeper, 657-D Jorge Street, Pasay City

The conjecture is that they jumped from the moving tracing to avoid being killed but in so doing they met their untimely and horrible deaths. The trial court did not adjudge them as victims whose heirs should be indemnified. As to three of them, the information charges that the accused committed homicide. The trial court dismissed that charge for lack of evidence. The rule is that "if a man creates in another man's mind an immediate sense of danger which causes such person to try to escape, and in so doing he injures himself, the person who creates such a state of mind is responsible for the injuries which result GUILTY OF 8 Separate Murders

Vda. De Bataclan vs. Medina (Proximate cause) Shortly after midnight, on September 13, 1952 bus no. 30 of the Medina Transportation, operated by its owner defendant Mariano Medina under a certificate of public convenience, left the town of Amadeo, Cavite, on its way to Pasay City, driven by its regular chauffeur, Conrado Saylon. There were about eighteen passengers, including the driver and conductor. Among the passengers were Juan Bataclan, seated beside and to the right of the driver, Felipe Lara, sated to the right of Bataclan, another passenger apparently from the Visayan Islands whom the witnesses just called Visaya, apparently not knowing his name, seated in the left side of the driver, and a woman named Natalia Villanueva, seated just behind the four last mentioned. At about 2:00 o'clock that same morning, while the bus was running within the jurisdiction of Imus, Cavite, one of the front tires burst and the vehicle began to zig-zag until it fell into a canal or ditch on the right side of the road and turned turtle. Some of the passengers managed to leave the bus the best way they could, others had to be helped or pulled out, while the three passengers seated beside the driver, named Bataclan, Lara and the Visayan and the woman behind them named Natalia Villanueva, could not get out of the overturned bus. Some of the passengers, after they had clambered up to the road, heard groans and moans from inside the bus, particularly, shouts for help from Bataclan and Lara, who said they could not get out of the bus. There is nothing in the evidence to show whether or not the passengers already free from the wreck, including the driver and the conductor, made any attempt to pull out or extricate and rescue the four passengers trapped inside the vehicle, but calls or shouts for help were made to the houses in the neighborhood. After half an hour, came about ten men, one of them carrying a lighted torch made of bamboo with a wick on one end, evidently fueled with petroleum. These men presumably approach the overturned bus, and almost immediately, a fierce fire started, burning and all but consuming the bus, including the four passengers trapped inside it. It would appear that as the bus overturned, gasoline began to leak and escape from the gasoline tank on the side of the chassis, spreading over and permeating the body of the bus and the ground under and around it, and that the lighted torch brought by one of the men who answered the call for help set it on fire.

Whether or not the proximate cause of the death of Bataclan et al was their burning by reason of the torches which ignited the gasoline. No. The proximate cause was the overturning of the bus which was caused by the negligence of the driver because he was speeding and also he was already advised by Medina to change the tires yet he did not. Such negligence resulted to the overturning of the bus. The torches carried by the would-be helpers are not to be blamed. It is just but natural for thevillagers to respond to the call for help from the passengers and since it is a rural area which did not have flashlights, torches are the natural source of lighting. Further, the smell of gas could have been all over the place yet the driver and the conductor failed to provide warning about said fact to the villagers.