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Calimutan v.

People · Calimutan filed a petition for review on certiorari


contending that the dissimilar findings on the cause of death
G.R. No. 152133, February 9, 2006 constituted reasonable doubt
Lesson: Proof beyond reasonable doubt, Defense of Stranger,
Proximate Cause, intentional felonies and culpable felonies
ISSUE: W/N he is guilty beyond reasonable doubt of homicide
Laws Applicable: Art. 3, Art. 4, Par. 1

FACTS:
HELD: NO. MODIFIED Calimutan is found GUILTY beyond
· February 4, 1996 around 10 am: Cantre and witness reasonable doubt of reckless imprudence resulting in homicide,
Sañano, together with two other companions, had a drinking under Article 365 of the Revised Penal Code, and is
spree at a videoke bar but as they were headed home, they accordingly sentenced to imprisonment for a minimum period
crossed paths with Calimutan and Michael Bulalacao. of 4 months of arresto mayor to a maximum period of two
years and one day of prision correccional. Petitioner Calimutan
· Cantre, 26 years old and 5 ft. 9 inches, had a grudge
is further ORDERED to pay the heirs of the victim Cantre the
against Bulalacao, a 15 year-old boy of 5ft. for suspecting that
amount of P50,000.00 as civil indemnity for the latter’s death
he threw stones at the his house on a previous night so he
and P50,000.00 as moral damages
punched him

· Seeking to protect Bulalacao and to stop Cantre,


Calimutan picked a stone, as big as a man’s fist and hitting · Proof beyond reasonable doubt requires only a moral
Cantre at the left side of his back not noticing that Bulalacao certainty or that degree of proof which produces conviction in
was already able to ran away. an unprejudiced mind (NOT absolute certainty and the
exclusion of all possibility of error)
o Cantre stopped for a moment and held his back and
Calimutan desisted from any other act of violence o Dr. Mendez’s testimony as an expert witness is evidence,
and although it does not necessarily bind the courts, it is
· Witness Sañano then brought Cantre home where he
accorded great weight and probative value
complained of backache and also of stomach ache and was
unable to eat § may sufficiently establish the causal relationship between
the stone thrown by the Calimutan and the lacerated spleen of
· By night time, he felt cold then warm then he was
the Cantre which resulted in the latter’s death
sweating profusely and his entire body felt numb
· Proximate cause - cause, which, in natural and
o Having no vehicle, they could not bring him to a doctor so
continuous sequence, unbroken by any efficient intervening
his mother just continue to wipe him with a piece of cloth and
cause, produces the injury, and WITHOUT which the result
brought him some food when he asked.
would NOT have occurred
o After eating a little, he vomited.
o Prosecution was able to establish that the proximate cause
o Shortly after complaining again of his backache and of the death of the Cantre was the stone thrown at him by
stomach ache, he died. petitioner Calimutan.

· The Post-Mortem Examination Report and Certification · Comparing the limited autopsy conducted by Dr.
of Death, issued and signed by Dr. Ulanday, stated that the Ulanday and her unconfirmed suspicion of food poisoning of
cause of death of victim Cantre was cardio-respiratory arrest the victim Cantre, as opposed to the exhaustive autopsy
due to suspected food poisoning performed by Dr. Mendez and his definitive finding of a
ruptured spleen as the cause of death, then the latter, without
· With the help of the Lingkod Bayan-Circulo de Abogadas doubt, deserves to be given credence by the courts
of the ABS-CBN Foundation, an autopsy was done by Dr.
Ronaldo B. Mendez which showed that there was internal · Article 3 of the Revised Penal Code classifies felonies
hemorrhage and massive accumulation of blood in his according to the means by which they are committed, in
abdominal cavity due to his lacerated spleen caused by a blunt particular:
object like a stone.
o (1) intentional felonies - existence of malicious intent
· RTC issued a warrant of arrest and during arraignment
§ act is performed with deliberate intent (with malice)
Calimutan pleaded not guilty to the crime of homicide
o (2) culpable felonies - absence of malicious intent
· RTC: Essentially adopting the prosecution’s account of
the incident, held that Calimutan was guilty beyond reasonable § act or omission of the offender is NOT malicious
doubt of homicide with a penalty of imprisonment from 8 years
of Prision Mayor as minimum, to 12 years and 1 day of § the wrongful act results from imprudence, negligence, lack of
Reclusion Temporal as maximum, and to indemnify the heirs of foresight or lack of skill
Philip Cantre the sum of P50,000 as compensatory damages
and the sum of P50,000 as moral damages · Absence of intent, Calimutan guilty beyond reasonable
doubt of the culpable felony of reckless imprudence resulting in
o NOT defense of stranger , because after the boxing homicide under Article 365 of the Revised Penal Code
Bulalacao, he was able to run thereby the unlawful aggression
by Cantre ceased o Reckless imprudence consists in voluntarily, but without
malice, doing or failing to do an act from which material
o The act of throwing a stone from behind which hit the victim damage results by reason of inexcusable lack of precaution on
at his back on the left side was a treacherous the part of the person performing or failing to perform such act,
taking into consideration his employment or occupation, degree
o criminally liable for all the direct and natural consequences of intelligence, physical condition and other circumstances
of this unlawful act even if the ultimate result had not been regarding persons, time and place.
intended

· CA: Affirmed RTC