Urbano v.

People
G.R. No. 182750
January 20, 2009
Facts:
While victim Brigido Tomelden and petitioner Rodel Urbano, were inside the compo
und, the two had a heated altercation in the course of which Tomelden hurled ins
ulting remarks at petitioner. Reacting, petitioner asked why Tomelden, when drun
k, has the penchant of insulting petitioner. The exchange of words led to an exc
hange of blows, and petitioner delivered a lucky punch which made Tomelden toppl
e down. Tomelden was on the verge of hitting his head on the ground had their co
mpanions not caught him and prevented the fall. The blow, however, caused Tomeld
en s nose to bleed and rendered him unconscious. This later on led to diagnosed th
e victim suffering from "brain injury, secondary to mauling to consider cerebral
hemorrhage" and his death. The defense denied having any intention to kill, ass
erting that hypertension, for which Tomelden was receiving treatment, was the ca
use of the latter s death. The RTC found Urbano guilty of Homicide.
Issue: W/N Urbano is guilty of homicide
Ruling:
One of the prosecution witness testified about petitioner s lucky punch hitting To
melden right smack on the face. And even if Tomelden s head did not hit the ground
as his co-workers averted that actuality, that punch gave him a bleeding nose a
nd rendered him unconscious. From then on, Tomelden was in and out of the hospit
al complaining of headache, among other pains, until his demise 12 days after th
e blow that made Tomelden unconscious. Petitioner s suggestion that Tomelden succu
mbed to heart ailment and/or that his death was the result of his malignant hype
rtension is untenable, given that the post-mortem report yields no positive indi
cation that he died from such malady. Thus, petitioner is guilty.