G.R. No.

171951

AMADO ALVARADO GARCIA, Petitioner,

vs.

PEOPLE OF THE PHILIPPINES, Respondent.

Facts:

On or about September 29, 1999 in the municipality of Aparri, province of Cagayan, the above-named
accused, armed with a bottle, with intent to kill, with evident premeditation and with treachery, did
then and there wilfully, unlawfully and feloniously assault, attack, box, club and maul one Manuel K.
Chy, inflicting upon the latter fatal injuries which caused his death.

And on February 10, 2000 the petitioner was charged with murder. The factual antecedents are the
following:

(A) At approximately 11:00 am, September 26, 1999, Fidel Foz, Fr. And Armando Foz had a drinking
spree at the apartment of Bogie Tacuboy, which was adjacent ot the house of Manuel K. Chy.
(B) Around 7:00 pm they were told by Chy to quiet down as the videoke machine was too loud, and
only when he asked a second time did the group quiet down.
(C) The interaction with Chy left the petitioner irate and said that “Manny was arrogant, I will lay a
hand on him.”
(D) On September 28 and 29 the group did meet again and in both instances was the petitioner
heard saying that He will not let manny live long/I will finish him off today.
(E) On September 29, the group headed to the store of the victims sister and had drinks, where the
petitioner orded the owner to call on Chy who was coming out of his house at the time.
(F) After being summoned, the petitioner punched him in the face, grabbed a bottle of beer and
struck the lower back portion of Chy’s head.
(G) When Chy Escaped, he ran toward his house and phoned his wife to call the police, but as they
arrived, Chy was found lying unconscious on the floor salivating, and was pronounced dead on
arrival at the hospital.

It was then confirmed in the autopsy that Chy died of myocardial infarction.

The Case is that the petitioner moved for reconsideration on the grounds that the victim’s death was
caused by heart failure and not due to a fatal blow dealt when he struck Chy with a beer bottle.

Issue:

Whether or not Amado Garcia is liable for the death of Manuel Chy.

Ruling:

Yes. As the strike from the petitioner can be logically attributed to the victims cause of death, being
myocardial infarction.

Even if it was seen that the victim’s heart has had a mild fibrosis from a previous heart attack, the
incident of him being struck did result in emotional distress and hastening his death due to the
increased palpitations preventing the proper flow of oxygen from his heart.
The case of United States V. Brobs states that:

x x x where death results as a direct consequence of the use of illegal violence, the mere fact that the
diseased or weakened condition of the injured person contributed to his death, does not relieve the
illegal aggressor of criminal responsibility.

And even if the petitioner did not intend to commit such a grave and evil act as to cause the death of the
vitcim, the fact still remains that he deliberately committed an act prohibited by the law. As such, the
petitioner is not exempt from criminal liability, but his guilt is mitigated in accordance to Article 13 (3).

So with the mitigating circumstance in the petitioners favor, the imposable penalty should be in the
minimum period, that is, reclusion temporal in its minimum period,or anywhere from twelve (12) years
and one (1) day to fourteen years (14) years and eight (8) months. Applying the Indeterminate Sentence
Law, the trial court properly imposed upon petitioner an indeterminate penalty of ten (10) years of
prisión mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal as
maximum.

However, the award of damages to the heirs of Manuel Chy was modified using the formula to calculate
the victim’s actual income at the time of death and profitable life expectancy.

WHEREFORE, the Decision dated December 20, 2005 and the Resolution dated March 13, 2006 of the
Court of Appeals in CA-G.R.-CR No. 27544 are AFFIRMED with MODIFICATION in that the award of moral
damages is reduced to ₱50,000. Petitioner is further ordered to indemnify the heirs of Manuel K. Chy
₱50,000 as civil indemnity; ₱200,000, representing expenses for the wake and burial; and ₱1,229,600 as
loss of earning capacity.