G.R. No. L-2681; March 30, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DARIO MARGEN, ET AL., defendants. ANDRES MIDORANDA, appellant.

FACTS

Appellant Andres Midoranda, along with Dario Margen and others, were members of a military detachment. The deceased, Diego Testor, was accused of misappropriating fish intended for the detachment. In response, Sergeant Dario Margen ordered Testor’s hands tied behind his back and had him beaten. Midoranda and two other soldiers participated in the maltreatment. Margen then forced Testor to eat raw fish, including bones, by prying his mouth open while Midoranda pulled the rope binding Testor’s hands. Testor died the next day from peritonitis caused by fish bones in his intestines. Only Midoranda was tried, as his co-accused escaped.

ISSUE

Whether appellant Andres Midoranda is criminally liable for the crime of murder, despite his claim that he was merely obeying the orders of his superior.

RULING

Yes. The Supreme Court affirmed the conviction for murder and the sentence of life imprisonment. The defense of obedience to a superior’s order under Article 11(6) of the Revised Penal Code does not apply because the order to torture the victim was unlawful. An order for an unlawful purpose does not exempt one from criminal liability. Furthermore, the evidence showed that Midoranda acted not solely from a sense of duty but from a common grievance against the victim. By directly participating in the unlawful acts that caused death, Midoranda is liable as a co-principal. No aggravating or mitigating circumstances were present.

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