003 Calimutan V People (110) Grp 2.pdf

Rollie Calimutan v People of the Philippines GR 152133

February 9, 2006

Chico-Nazario, J.

Jules HL | LAW 120 Legal Profession | Group 2

Calimutan was found guilty of causing the death of Philip Cantre but was found to be guilty of reckless imprudence resulting in homicide, instead of homicide, because of his lack of intent to kill the victim, with his real intent being to drive off Cantre because of his unlawful aggrssion upon Bulalacao. FACTS THE ACT - On February 4 in the sitio Caspay, Barangay Panique, Province of Masbate (10:00 AM or 1:00 PM) - Philip Cantre (26 YO, 5’9”) and Rene Sañano were heading home after a drinking spree at a videoke bar - They crossed paths with Calimutan and Michael Bulalacao, Calimutan’s houseboy (15 YO, 5’ tall) - Cantre suddenly punched Bulalacao, because of a grudge, having suspected Bulalacao of throwing stones at the Cantre’s house - Calimutan picked up a stone (as big as a man’s fist), threw it at Cantre, hitting him at the left side of his back - 1st SIDE: Cantre stopped his aggression afterwards; Sañano claims to have mediated - 2nd SIDE: Cantre had an eight-inch Batangas knife, ran after them, Calimutan and Bulalacao ran away - Cantre went home and complained of backache and stomachache; alternately feeling cold and warm, sweating profusely and feeling numb; family couldn’t bring him to the hospital for lack of a car - The next day, after vomiting out what he ate, he died :( THE VICTIM - According to Dr. Conchita S. Ulanday (Municipal Health Officer), Philip Cantre suffered from: - Cardio-respiratory arrest due to suspected food poisoning - According to Dr. Ronaldo B. Mendez (NBI Senior Medico-Legal), Philip Cantre suffered from: - Contused abrasion on posterior chest wall, hematoma on the abdomen, clot - A lacerated spleen - CAUSE OF DEATH: TRAUMATIC INJURY OF THE ABDOMEN ISSUE WoN the RTC and the CA erred in finding Calimutan guilty of homicide. - YES, he was only guilty of reckless imprudence leading to homicide, which deserves a penalty one degree lower than prescribed. RATIO Injury sustained by the victim was clearly caused by Calimutan - It was possible to injure the spleen from hitting him on the back left side, and laceration of the spleen caused the injury; throwing of the stone was the PROXIMATE CAUSE of the injury - Authority of Dr. Mendez over Dr. Ulanday is obvious, especially because Dr. Mendez conducted a more exhaustive autopsy, Dr. Ulanday didn’t even show up as a witness, and Dr. Mendez is a Senior Medico-Legal Officer of the NBI - An accused in a criminal case may only be convicted if his guilt is established by proof beyond reasonable doubt; this requires only a moral certainty or that degree of proof which produces conviction in an unprejudiced mind Lack of intent on the part of Calimutan results in reckless imprudence under Art. 365

- Article 3, RPC classifies felonies into (1) intentional felonies - existence of malicious intent; and (2) culpable felonies - absence of malicious intent - Prosecution failed to establish intent - In culpable felonies, injury caused is “unintentional, it being simply the incident of another act performed without malice (People v. Sara)” - Wrongful act results from imprudence or negligence - Article 365 provides for some circumstances to consider lack of intent to kill the victim: - Victim was coming from a drinking spree - Victim was the initial aggressor, and the size difference between the him and Bulalacao was evident - Calimutan sought only to protect Buallacao and to stop the assault - The stone was a readily available weapon - Hitting on the back was not a sign of treachery because it was possible that he threw the stone rashly - Calimutan desisted from any other act of violence as soon as Cantre stopped his aggression - WAS NOT RETALIATORY: Swift and spontaneous reaction to the unexpected and unprovoked attack - Calimutan was compelled by a lawful objective, but his act was committed with inexcusable lack of precaution (failed to consider impact of size of stone, and his strength) HELD Judgment is modified, finding the petitioner guilty of reckless imprudence resulting in homicide, with the following penalty imposed and damages awarded: - 4 months arresto mayor to 2 years and 1 day of PC - P50,000 as civil indemnity for the death - P50,000 moral damages