093. PEOPLE V.

URAL
GR No. L-30801 / 27 March 1974 / SECOND DIVISION / Petition for Review from decision of CFI
Plaintiff-appellee People of the Phils
Accused-Appellant Domingo Ural
Aquino, J.
(Digest by Kei Garcia)

SHORT VERSION: Policeman Ural beat up a drunk Napola while the latter was detained in prison, then set his shirt
on fire, which caused Napolas death. Court held that Ural is entitled to mitigating circumstance of having no
intention to commit so grave a wrong because Ural only wanted to maltreat Napola for being a nuisance.

FACTS:
Ural, a policeman, at around 8 in the evening in the municipal jail Buug, Zamboanga del Sur was boxing a drunk
prisoner by the name of Felix Napola. Napola collapsed on the floor and Ural stepped on his body. Ural went out of
the cell, and went back with a bottle. He poured the contents of the bottle on Napolas body, ignited it with a
match and left the cell. All of this was witnessed by Brigido Alberto, a former detention prisoner who had been
accused of murder but was set free after posting bail. Ural cautioned Alberto not to tell anyone of the incident.

The trial court found Ural guilty of murder by means of fire due to the positive testimony of Alberto.

ISSUE (RELEVANT TO TOPIC): Whether or not the trial court failed to appreciate the mitigating circumstance of
Ural having no intention to commit so grave a wrong.

RULING:
Trial Court affirmed. Ural is entitled to mitigating circumstance, but this is offset by generic aggravating
circumstance of abuse of official position.

RATIO:
The Court explained succinctly the finding of granting such mitigating circumstance:
But the trial court failed to appreciate the mitigating circumstance "that the offender had no intention to commit
so grave a wrong as that committed" (Par. 3, Art. 13, Revised Penal Code). It is manifest from the proven facts that
appellant Ural had no intent to kill Napola. His design was only to maltreat him may be because in his drunken
condition he was making a nuisance of himself inside the detention cell. When Ural realized the fearful
consequences of his felonious act, he allowed Napola to secure medical treatment at the municipal dispensary.

VOTING: Zaldivar (Chairman) and Fernandez, JJ., concur.