Calimutan v. People
G.R. No. 152133, February 9, 2006
Lesson: Proof beyond reasonable doubt, Defense of
Stranger, Proximate Cause, intentional felonies and culpable felonies
Laws
Applicable: Art. 3, Art. 4, Par.
1
FACTS:
·
February
4, 1996 around 10 am: Cantre and witness Sañano, together with two other
companions, had a drinking spree at a videoke bar but as they were headed home,
they crossed paths with Calimutan and Michael Bulalacao.
·
Cantre,
26 years old and 5 ft. 9 inches, had a
grudge against Bulalacao, a 15 year-old boy of 5ft. for suspecting that he
threw stones at the his house on a previous night so he punched him
·
Seeking
to protect Bulalacao and to stop Cantre, Calimutan picked a stone, as big as a
man’s fist and hitting Cantre at the left side of his back not noticing that
Bulalacao was already able to ran away.
o
Cantre stopped for a moment and held his back
and Calimutan desisted from any other act of violence
·
Witness
Sañano then brought Cantre home where he complained of backache and also of stomach
ache and was unable to eat
·
By night
time, he felt cold then warm then he was sweating profusely and his entire body
felt numb
o
Having no vehicle, they could not bring him to a
doctor so his mother just continue to wipe him with a piece of cloth and brought
him some food when he asked.
o
After eating a little, he vomited.
o
Shortly after complaining again of his backache and stomach ache, he died.
·
The
Post-Mortem Examination Report and Certification of Death, issued and signed by
Dr. Ulanday, stated that the cause of death of victim Cantre was
cardio-respiratory arrest due to suspected food poisoning
·
With the
help of the Lingkod Bayan-Circulo de Abogadas of the ABS-CBN Foundation, an
autopsy was done by Dr. Ronaldo B. Mendez which showed that there was internal
hemorrhage and massive accumulation of blood in his abdominal cavity due to his
lacerated spleen caused by a blunt object like a stone.
·
RTC
issued a warrant of arrest and during arraignment Calimutan pleaded not guilty
to the crime of homicide
·
RTC: Essentially
adopting the prosecution’s account of the incident, held that Calimutan was
guilty beyond reasonable doubt of homicide with a penalty of imprisonment from
8 years of Prision Mayor as minimum, to 12 years and 1 day of Reclusion
Temporal as maximum, and to indemnify the heirs of Philip Cantre the sum of P50,000
as compensatory damages and the sum of P50,000 as moral damages
o
NOT defense
of stranger , because after the boxing Bulalacao, he was able to run thereby
the unlawful aggression by Cantre ceased
o
The act
of throwing a stone from behind which hit the victim at his back on the left
side was a treacherous
o
criminally
liable for all the direct and natural consequences of this unlawful act even if
the ultimate result had not been intended
·
CA: Affirmed
RTC
·
Calimutan
filed a petition for review on certiorari contending that the dissimilar
findings on the cause of death constituted reasonable doubt
ISSUE: W/N he is
guilty beyond reasonable doubt of homicide
HELD: NO. MODIFIED Calimutan
is found GUILTY beyond reasonable doubt of reckless imprudence resulting in
homicide, under Article 365 of the Revised Penal Code, and is accordingly
sentenced to imprisonment for a minimum period of 4 months of arresto mayor to
a maximum period of two years and one day of prision correccional. Petitioner
Calimutan is further ORDERED to pay the heirs of the victim Cantre the amount
of P50,000.00 as civil indemnity for the latter’s death and P50,000.00 as moral
damages
·
Proof
beyond reasonable doubt requires only a moral certainty or that degree of proof
which produces conviction in an unprejudiced mind (NOT absolute certainty and
the exclusion of all possibility of error)
o
Dr.
Mendez’s testimony as an expert witness is evidence, and although it does not
necessarily bind the courts, it is accorded great weight and probative value
§
may
sufficiently establish the causal relationship between the stone thrown by the
Calimutan and the lacerated spleen of the Cantre which resulted in the latter’s
death
·
Proximate
cause - cause, which, in natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, and WITHOUT which the result
would NOT have occurred
o
Prosecution
was able to establish that the proximate cause of the death of the Cantre was
the stone thrown at him by petitioner Calimutan.
·
Comparing
the limited autopsy conducted by Dr. Ulanday and her unconfirmed suspicion of
food poisoning of the victim Cantre, as opposed to the exhaustive autopsy
performed by Dr. Mendez and his definitive finding of a ruptured spleen as the
cause of death, then the latter, without doubt, deserves to be given credence
by the courts
·
Article
3 of the Revised Penal Code classifies felonies according to the means by which
they are committed, in particular:
o
(1)
intentional felonies - existence of malicious intent
§
act is
performed with deliberate intent (with malice)
o
(2)
culpable felonies - absence of malicious intent
§
act or
omission of the offender is NOT malicious
§
the
wrongful act results from imprudence, negligence, lack of foresight or lack of
skill
·
Absence
of intent, Calimutan guilty beyond reasonable doubt of the culpable felony of
reckless imprudence resulting in homicide under Article 365 of the Revised
Penal Code
o Reckless imprudence consists in voluntarily,
but without malice, doing or failing to do an act from which material damage
results by reason of inexcusable lack of precaution on the part of the person
performing or failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition and other
circumstances regarding persons, time and place.
