G.R. No. 154994 - Pablo-Gualberto vs. Gualberto

Petitioner Rollie Calimutan was charged with homicide under Article 249 of the Revised Penal Code for allegedly throwing a stone that hit and caused the death of Philip Cantre.
The Regional Trial Court (RTC) of Masbate found petitioner guilty beyond reasonable doubt. The Court of Appeals (CA) affirmed the conviction. Petitioner filed a Petition for Review on Certiorari before the Supreme Court.

Date and place: February 4, 1996, morning, sitio Capsay, Barangay Panique, Municipality of Aroroy, Masbate.
Victim Philip Cantre and witness Rene L. SaAano were coming from a drinking spree when they encountered petitioner Calimutan and his helper, Michael Bulalacao.
Victim Cantre harbored a grudge against Bulalacao, who was suspected of throwing stones at Cantre's house previously. Cantre suddenly punched Bulalacao during the encounter. Bulalacao ran away.
Petitioner Calimutan, responding to the altercation, picked up a stone as big as a man's fist and threw it at Cantre, hitting him on the left side of his back.
Witness SaAano intervened to pacify, convincing the parties to cease hostilities. Victim Cantre complained of back and stomach pain afterward and eventually died on February 5, 1996.

The Municipal Health Officer, Dr. Conchita Ulanday, conducted an initial post-mortem examination first, issuing a report and death certificate indicating cardio-respiratory arrest due to "suspected food poisoning," without confirming the suspicion by further tests.
Due to dissatisfaction with that report, the victim's body was exhumed on April 15, 1996, and a thorough autopsy was performed by NBI Senior Medico-Legal Officer Dr. Ronaldo B. Mendez.
Dr. Mendez found contused-abrasion on the left posterior chest wall, massive hemoperitoneum due to laceration of the spleen, and concluded the cause of death was traumatic injury of the abdomen by blunt force, consistent with being hit by a stone.

Prosecution presented Dr. Mendez, witness Belen Cantre (mother of victim), and witness SaAano, who corroborated the circumstances of the stoning and subsequent deterioration of victim Cantre's health.
Petitioner Calimutan testified in his own defense denying intent to kill, describing the stone as about one inch in diameter hitting the right buttock, and claimed he acted to protect Bulalacao from Cantre, who allegedly threatened with a knife.
Petitioner claimed no personal grudge against Cantre and was unaware of the victim’s death circumstances.

RTC credited the prosecution version, rejected self-defense and lawful defense claims, and found the act of throwing the stone unlawful and treacherous, resulting in homicide conviction.
The Court of Appeals affirmed the conviction, giving more weight to Dr. Mendez’s autopsy report over Dr. Ulanday’s, citing the latter’s failure to testify and lack of confirmatory tests.
Petitioner's motion for reconsideration was denied.

Petitioner argued that the two autopsy reports created reasonable doubt.
Petitioner requested acquittal on the basis of doubt as to the cause of death and his criminal liability.

Whether the conflicting autopsy reports raise reasonable doubt on petitioner’s guilt and the actual cause of the victim Cantre’s death.

Whether petitioner Calimutan may be held liable for homicide under Article 249 of the Revised Penal Code or whether his act constitutes a lesser offense, such as reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code.

Whether the element of malice or intent to kill is present and established beyond reasonable doubt.