Case Digest (G.R. No. 211289)
Facts:
On February 18, 1941, Silvino Belarmino presented a prescription by Dr. Antonio G. Sison calling for spartein sulphate (1.00 g), phenobarbital (0.50 g), and carbromal (5.00 g) reduced to one-third formula at Escudero Drug Store in San Pablo, Laguna. Its manager, Dr. Leon Castillo, wrote “1/3 f.” on the prescription and, in the afternoon, summoned pharmacy clerk Nena Tanalega Raymundo, a pharmacy graduate yet unlicensed by the Board of Pharmaceutical Examiners. Dr. Castillo selected two bottles and a box from the shelves and placed them on the dispensing table. Raymundo computed and compounded five capsules, which contained, unbeknownst to her, strychnine sulphate instead of spartein sulphate. Belarmino paid ₱1 and took one capsule around 5 p.m., soon suffering strychnine poisoning symptoms. He consulted two doctors, sent two remaining capsules to the Bureau of Science, and a chemist’s report (March 15, 1941) confirmed 50.5 mg and 61.75 mg of strychnine sulphate per capsule. BeliCase Digest (G.R. No. 211289)
Facts:
- Parties and Charge
- Plaintiff-Appellee: The People of the Philippines; Accused-Appellant: Nena Tanalega Raymundo (pharmacy clerk) and co-accused Dr. Leon Castillo (manager, Escudero Drug Store).
- Information (Sept. 12, 1941): Charged with “frustrated murder by poisoning through reckless imprudence” for compounding and dispensing a prescription (1/3 formula) on February 18, 1941, substituting strychnine sulphate for spartein sulphate, poisoning victim Silvino Belarmino.
- Trial and Procedural History
- Court of First Instance, Laguna (Oct. 12, 1942): Acquitted Castillo; found Raymundo guilty of frustrated homicide through reckless imprudence; sentenced to four months of arresto mayor and costs.
- Court of Appeals of Southern Luzon (June 10, 1944): Modified conviction to slight physical injuries through reckless imprudence; imposed a fine of ₱200 plus costs; did not rule on prescription defense.
- Supreme Court (Dec. 1946): Resolved petitions for certiorari/revision and motion for reconsideration, recharacterizing offense under Administrative Code.
- Evidence and Findings
- Prescription by Dr. Antonio G. Sison called for spartein sulphate, phenobarbital, carbromal in 15 capsules.
- Belarmino’s presentation of 1/3 formula to Escudero Drug Store; Dr. Castillo adjusted prescription (“1/3 f.”) and fetched bottles; Raymundo computed and compounded under his direction.
- Victim ingested one capsule (~5 PM, Feb. 18, 1941), suffered strychnine-poisoning symptoms; remainder capsules sent to Bureau of Science.
- Chemist’s report (Exh. D, Mar. 15, 1941): 50.5 mg and 61.75 mg of strychnine sulphate per capsule, replacing spartein sulphate.
- Expert medical testimony confirmed strychnine poisoning; phenobarbital and carbromal mitigated lethal effect.
Issues:
- Appellant’s Contentions on Appeal
- Whether a frustrated felony can be committed through reckless imprudence.
- Whether reckless imprudence crime exists absent material damage or proven proximate cause.
- Whether victim actually ingested strychnine and whether appellant dispensed it.
- Prescription of offense (2-month period for slight physical injuries).
- Questions Before the Supreme Court
- Does frustrated homicide require intent, thus incompatible with recklessness?
- What is the proper legal characterization of appellant’s act?
- Whether conviction under the Pharmacy Law (Admin Code §§ 751, 2676) is permissible.
- Applicability of prescription periods for the offenses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)