Calimutan v.
People · Calimutan filed a petition for review on certiorari
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
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.