Calimutan v.

People
G.R. No. 152133, February 9, 2006
Lesson: Proof beyond reasonable doubt, Defense of Stranger,
Proximate Cause, intentional felonies and culpable felonies
Laws Applicable: Art. 3, Art. 4, Par. 1
FACTS:
February 4, 1996 around 10 am: Cantre and witness Saano,
together with two other companions, had a drinking spree at a videoke
bar but as they were headed home, they crossed paths with
Calimutan and Michael Bulalacao.
Cantre, 26 years old and 5 ft. 9 inches, had a grudge against
Bulalacao, a 15 year-old boy of 5ft. for suspecting that he threw
stones at the his house on a previous night so he punched him
Seeking to protect Bulalacao and to stop Cantre, Calimutan picked a
stone, as big as a mans fist and hitting Cantre at the left side of his
back not noticing that Bulalacao was already able to ran away.
o Cantre stopped for a moment and held his back and Calimutan
desisted from any other act of violence
Witness Saano then brought Cantre home where he complained of
backache and also of stomach ache and was unable to eat
By night time, he felt cold then warm then he was sweating profusely
and his entire body felt numb

o Having no vehicle, they could not bring him to a doctor so his mother
just continue to wipe him with a piece of cloth and brought him some
food when he asked.
o After eating a little, he vomited.
o Shortly after complaining again of his backache and stomach ache, he
died.
The Post-Mortem Examination Report and Certification of Death,
issued and signed by Dr. Ulanday, stated that the cause of death of
victim Cantre was cardio-respiratory arrest due to suspected food
poisoning
With the help of the Lingkod Bayan-Circulo de Abogadas of the ABSCBN Foundation, an autopsy was done by Dr. Ronaldo B. Mendez
which showed that there was internal hemorrhage and massive
accumulation of blood in his abdominal cavity due to his lacerated
spleen caused by a blunt object like a stone.
RTC issued a warrant of arrest and during arraignment Calimutan
pleaded not guilty to the crime of homicide
RTC: Essentially adopting the prosecutions account of the incident,
held that Calimutan was guilty beyond reasonable doubt of homicide
with a penalty of imprisonment from 8 years of Prision Mayor as
minimum, to 12 years and 1 day of Reclusion Temporal as maximum,
and to indemnify the heirs of Philip Cantre the sum of P50,000 as
compensatory damages and the sum of P50,000 as moral damages
o NOT defense of stranger , because after the boxing Bulalacao, he was
able to run thereby the unlawful aggression by Cantre ceased
o The act of throwing a stone from behind which hit the victim at his
back on the left side was a treacherous

o criminally liable for all the direct and natural consequences of this
unlawful act even if the ultimate result had not been intended
CA: Affirmed RTC

Calimutan filed a petition for review on certiorari contending that the

dissimilar findings on the cause of death constituted reasonable doubt
ISSUE: W/N he is guilty beyond reasonable doubt of homicide
HELD: NO. MODIFIED Calimutan is found GUILTY beyond
reasonable doubt of reckless imprudence resulting in homicide, under
Article 365 of the Revised Penal Code, and is accordingly sentenced
to imprisonment for a minimum period of 4 months of arresto mayor to
a maximum period of two years and one day of prision correccional.
Petitioner Calimutan is further ORDERED to pay the heirs of the victim
Cantre the amount of P50,000.00 as civil indemnity for the latters
death and P50,000.00 as moral damages

Proof beyond reasonable doubt requires only a moral certainty or that

degree of proof which produces conviction in an unprejudiced mind

(NOT absolute certainty and the exclusion of all possibility of error)

o Dr. Mendezs testimony as an expert witness is evidence, and
although it does not necessarily bind the courts, it is accorded great
weight and probative value
may sufficiently establish the causal relationship between the stone
thrown by the Calimutan and the lacerated spleen of the Cantre which
resulted in the latters death

Proximate cause - cause, which, in natural and continuous sequence,

unbroken by any efficient intervening cause, produces the injury, and

WITHOUT which the result would NOT have occurred

o Prosecution was able to establish that the proximate cause of the
death of the Cantre was the stone thrown at him by petitioner
Calimutan.
Comparing the limited autopsy conducted by Dr. Ulanday and her
unconfirmed suspicion of food poisoning of the victim Cantre, as
opposed to the exhaustive autopsy performed by Dr. Mendez and his
definitive finding of a ruptured spleen as the cause of death, then the
latter, without doubt, deserves to be given credence by the courts
Article 3 of the Revised Penal Code classifies felonies according to
the means by which they are committed, in particular:
o (1) intentional felonies - existence of malicious intent
act is performed with deliberate intent (with malice)
o (2) culpable felonies - absence of malicious intent
act or omission of the offender is NOT malicious
the wrongful act results from imprudence, negligence, lack of foresight
or lack of skill
Absence of intent, Calimutan guilty beyond reasonable doubt of the
culpable felony of reckless imprudence resulting in homicide under
Article 365 of the Revised Penal Code
o Reckless imprudence consists in voluntarily, but without malice, doing
or failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing or
failing to perform such act, taking into consideration his employment

or occupation, degree of intelligence, physical condition and other

circumstances regarding persons, time and place.