[G.R. No. 1614. April 9, 1904.

THE UNITED STATES, Complainant-Appellee,

vs
ANACLETO EMBATE, Defendant-Appellant.

Eleuterio Rodriguez, for Appellant.

Solicitor-General Araneta, for Appellee.
Facts:
The accused was charged with homicide after punishing the child for
disobedience. He struck him upon the thighs with a slipper and pulled, or
as the complaint says, pushed and dragged him toward it, throwing him
heavily upon the floor. One or two days after the child died. The doctor
testifies of his findings after examining the child that he found out the
bruises on the thigh and the child has serious heart disease, and that the
bruises could not be the cause of death but might contribute to the fatal
result of the illness. He testifies further that “if in the first place the age of
the child is taken into consideration, and in the second its surrounding
circumstances, its conditions were such as to lead one to expect a fatal
result, no physician being in attendance and as no other proximate cause
is known that the great excitement produced by those blows, it may be
inferred that they were the sole cause which precipitated the fatal result
of the illness of the child."

Issue:
Whether or not the accused is guilty of homicide.v
rrulingirtua1aw library
Ruling:
No.
Based on the result of the examination of the body and sufficient evidence
as the true cause of death, the accused is not guilty of homicide. He
committed only misdemeanor which should be punished under the
provisions of section 29 of general orders, No. 58.
In Article 4 of the revised penal code, it states that: Criminal liability shall
be incurred:
1. By any person committing a felony (delito) although the wrongful
act done be different from that which he intended.
In this case, the accused is criminally liable for physical injury but not
liable for homicide.