URBANO v.

PEOPLE
Facts:
- (Petitioner) Rodel Urbano and victim Brigido Tomeldon were at the compound of Lingayen
Water District (LIWAD) coming from a picnic from a nearby town with same other co-workers,
they drunk beer in a restaurant. September 28, 1993
- The two had a heated altercation, which led to Tomeldon insulting the Urbano, which led to an
exchange of blows. Cooler heads succeeded in breaking up the fight. Urbano delivered a lucky
punch which Orje Salazar witnessed. Tomeldon then toppled but was caught before he fell to
the ground but such caused his nose bleed and rendered him unconscious.
- Urbano and the other co-workers brought Tomeldon to the office of LIWAD general manage
where he spent the night. Upon arriving 6:00pm of that day Tomeldon then told his wife of the
incident, and complained of pain and was brought to the hospital.
- October 2 and 7, Tomelden went back to the hospital for his pains. It was discovered that he had
a brain injury, a cerebral haemorrhage, then he was confined. Later released but continued to
feel ill, 12 days later he died.
- RTC guilty of homicide, CA affirmed
Issue:
- W/N the mitigating circumstances of 1) no intention to commit so grave a wrong and that
sufficient provocation on the part of the victim can be appreciated in this case
Held:
- When the law speaks of provocation either as a mitigating circumstance or as an essential
element of self defense, the reference is to an unjust or improper conduct of the offended party
capable of exciting, inciting, or irritating anyone; it is enough that the provocative act be
unreasonable or annoying
- The provocation must be sufficient to excite one to commit the wrongful act and should
immediately proceed the act, thus provocation was present
- Tomeldons insulting remarks directed at the petitioner and uttered immediately before the fist
fight constituted sufficient provocation. the altercation started while drinking with co-workers
Urbano told the others to prepare to leave, where the victim took offense and said he had no
right to stop them from drinking especially since he was paying
- Being that Urbano was smaller and was trying to avoid to fight and got a lucky punch speaks to
the fact the he did not mean to commit so grave a wrong.
- The mitigating circumstances should be applied.





People v. Bayot
Facts:
- Nelson Bayot y Santina was sentenced to reclusion perpetua for the crime of rape and the
victim was awarded indemnity of 40,000.00 with costs on July 31, 2000.
- CA affirmed the conviction and modified the award from 40,000.00 to 50,000.00 and included
moral damages amounting to another 50,000.00; on May 9, 2006.
- CA though was only informed the Bayot died in the new bilibid prison hospital then after on
December 4, 2004.
- The Public Attorneys Office nonetheless filed an appeal of the CA decision on May 31, 2006.
Issue:
- W/N the penalties are extinguished
Held:
- Yes. The fact of death before the decision became final extinguished not only his criminal
liability for the rape but also the civil liability arising from the said crime.
- Article 89 How criminal Liability is extinguished: Criminal Liability is totally extinguished:
1) By the death of the convict, as to personal liability and as to pecuniary penalties, liabilities
therefor is extinguished only when the death of the offender occurs before final judgement.