Filomeno Urbano vs IAC G.R. No.

72964 January 7, 1988

Facts:
In the morning of October 23, 1980 at around 8AM, petitioner Filomeno Urbano went to his
ricefield at Barangay Anonang, San Fabian, Pangasinan. Upon learning that the place where he
stored his palay was flooded with water from the irrigation canal nearby, the petitioner went to
the elevated portion of the canal and saw Marcelo Javier and Emilio Erfe cutting grasses. The
petitioner asked the two if who was responsible for opening the canal. When Marcelo admitted
that he was, Urbano got angry and a quarrel occurred between them. Urbano unsheathed his
bolo hitting Javier on the right palm. Javier who is unarmed run away and when Urbano
overtaken Javier, the petitioner further hit Javier on the left leg causing a swelling on the said
leg. When the petitioner seeks to inflict further injury to Javier, his daughter embraced and
prevented him from doing so.
After Javier was treated by Dr. Mario Meneses, he and his companions returned to Dr.
Guillermo Padilla, who conducted the medico-legal examination. Dr. Padilla issued the medico-
legal certificate:

“As to my observation the incapacitation is from (7-9) days period. This wound was presented to
me only for medico-legal examination, as it was already treated by the other doctor.” (p. 88,
Original Records)

Through the mediation of Barrio Councilman Felipe Solis, the warring parties agreed to settle
their dispute. On October 27, 1980, Urbano and Javier appeared before the San Fabian Police
to formalize their amicable settlement where the petitioner promised Javier to pay him 700 Php
for the medical expenses. Urbano advanced 400 Php at the police station and paid the
additional 300 Php at his own house with the presence of Barangay Captain Menardo Soliven
on November 3, 1980.

On November 14, 1980, Javier was rushed to the Nazareth General Hospital because of serious
lockjaw and convulsions. Upon the checking by Dr. Edmundo Exconde, Javier’s serious
condition was caused by tetanus toxin, due also to the wound on his right palm.

On November 15, 1980, at exactly 4:18 PM, Javier died in the hospital.

The petitioner Filomeno Urbano was charged with the crime of homicide before the then Circuit
Criminal Court of Dagupan City, Third Judicial District.

The trial court found Urbano guilty.

Urbano pleaded not guilty during the arraignment. The petitioner reiterated that the proximate
cause of Javier’s death was his own negligence as Javier was seen working in the tobacco
plantation with his bare hands thus exposing his wounded palm to tetanus germs and other
harmful elements.

Issue:

Whether or not there was an intervening cause from the time Javier was wounded until his
death which could dismiss Urbano from any liability for Javier’s death.
Ruling:

The petition is granted.

The lower courts ruled that Javier's death was the natural and logical consequence of Urbano's
unlawful act. Hence, he was declared responsible for Javier's death.
However, the evidence on record does not clearly show that the wound inflicted by Urbano was
infected with tetanus at the time of the infliction of the wound. The evidence merely confirms
that the wound, which was already healing at the time Javier suffered the symptoms of the fatal
ailment, somehow got infected with tetanus. However, as to when the wound was infected is not
clear from the record.

The medical findings lead us to a distinct possibility that the infection of the wound by tetanus
was an efficient intervening cause later or between the time Javier was wounded to the time of
his death. The infection was, therefore, distinct and foreign to the crime.
Doubts are present. There is a likelihood that the wound was but the remote cause and its
subsequent infection, for failure to take necessary precautions, with tetanus may have been the
proximate cause of Javier's death with which the petitioner had nothing to do
The petitioner, Filomeno Urbano, is Acquitted of the crime of homicide.