Calimutan v.

People

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. 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. 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. After eating a little,
he vomited. 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
NOT defense of stranger, because after the boxing Bulalacao, he was
able to run thereby the unlawful aggression by Cantre ceased. The act
of throwing a stone from behind which hit the victim at his back on the
left side was a treacherous act.

One is 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: 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)

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. It 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

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:
(1) intentional felonies - existence of malicious intent
(2) culpable felonies - absence of malicious intent

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

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.